Landlord Fined $12,800 for Short-Term Rentals in Class “A” Co-op Building

DOB issued three violation notices to landlord, all concerning claimed transient use of Class “A” apartments at the residential co-op building. Landlord objected to the violations, claiming that they were improperly served. The ALJ found that DOB attempted to make proper service to the building super, and then properly served the notices by “nail and mail.” DOB’s inspector testified that he got access to the building, and spoke with occupants of Apts. 5A and 5D, who told him they had rented the units for less than 30 days. Landlord, who was the co-op president and shareholder of the two apartments that were the subject of the violations, claimed that he didn’t know that the short-term rentals violated the law and had since cured the condition. The ALJ fined landlord $12,800. Landlord appealed, claiming that the per-day penalties were excessive.

ECB ruled against landlord. DOB made a reasonable attempt at personal service of the notices at the building. The super told DOB’s inspector that no one at the building was authorized to accept service of the violation notices. DOB also properly imposed per-day penalties totaling $8,000 because the violations weren’t cured until eight days after the service of the notices. 

108-114 Wooster St. Corp.: ECB App. No. 1501184 (1/28/16) [4-pg. doc.]