Landlord Can Seek Court Enforcement of Local Law 18 Against Airbnb

Landlord sued tenant and Airbnb, claiming that tenant used her apartment for short-term rentals through Airbnb and other platforms, in violation of her lease. Landlord also claimed that Airbnb failed to verify that tenant had a valid short-term rent registration number for the apartment in violation of Local Law 18, and that because the apartment's short-term rentals weren't registered with the city, landlord was fined for violating the NYC Fire Code. Landlord sought a permanent injunction against Airbnb from permitting short-term rentals at its building from being listed on its platform, and sought indemnification from Airbnb of the fines incurred for this violation.

The court granted landlord a preliminary injunction restraining Airbnb from violating Local Law 18 while the case was pending. Airbnb then asked the court to dismiss the complaint as against Airbnb because Local Law 18 didn't provide for a private right of action. The court noted that although Local Law 18 didn't expressly provide for a private right of action, one could be fairly implied. The court ruled against Airbnb, and permitted landlord to proceed with its claim against the short-term rental platform.

Columbus 69th LLC v. DeDominguez: Index No. 65477/2023, 2024 NY Slip Op 33016(U)(Sup. Ct. NY; 8/26/24; Adams, J)