Landlord Denied Discovery on Short-Term Rental Claim Against Tenant

Landlord sued to evict rent-stabilized tenant for unauthorized use of the apartment for short-term rentals. Landlord claimed that tenant used the apartment as an unlawful hotel. Landlord asked the court for permission to conduct pretrial questioning and inspection of the apartment. The court ruled against landlord, who appealed and lost. The appeals court further granted tenant’s cross-appeal to dismiss the case because landlord’s petition was defective.  Landlord had photographs showing eight different individuals entering tenant’s apartment with overnight bags and luggage during a five-month period in 2014 while tenant was away. But landlord’s petition was defective and it should have conducted more investigation before starting the case. While short-term rentals violate tenant’s lease and various laws, Multiple Dwelling Law Section 4(8)(a)(1)(B) does permit “house-sitting” stays.

128 Second Realty LLC v. Dobrowolski: 51 Misc.3d 147(A), 2016 NY Slip Op 50772(U) (App. T. 1 Dept.; 5/17/16; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)