Landlord Fined $10,000 for Advertising for Short-Term Renters Outside Her Building

The Mayor's Office of Special Enforcement (OSE) issued two violation notices to landlord for unlawful advertisements placed outside a Class "A" multiple dwelling. The ads concerned rental of an apartment through the airbnb.com website, in violation of Multiple Dwelling Law Section 4(8). Landlord objected to the violations, claiming that she was entitled to lawfully rent bedrooms in the apartment she occupied in the building to guests for short-term stays, as long as she also occupied the apartment. The ALJ ruled for landlord and dismissed the violations.

OSE appealed and won. OSE pointed out that landlord didn't show at the hearing that she maintained a common household with her guests. ECB reversed the ALJ's ruling and reinstated the violations. Building Code Section 310.2 restricted the definition of a family that could occupy a dwelling unit to include up to two boarders. But landlord's ads listed accommodation for up to four boarders in landlord's apartment. ECB upheld two violations of Admin. Code Section 27-287.1. And, since this was a second offense, landlord was fined $10,000.

OSE v. Kaper: ECB App. No. 2200334 (5/26/22)[3-pg. document]