Landlord Fined $3,750 Based on Tenant's Apartment Sublet for Transient Use

DOB issued two violation notices to landlord, for failure to maintain a building in a code-compliant manner and for failure to provide a fire alarm system. DOB's inspector had observed transient occupancy of an apartment by four guests staying less than 30 days without any host present. They had booked the short-term rental through Airbnb.com. After a hearing, the ALJ ruled for landlord and dismissed the violations. DOB appealed and won. HPD I-cards showed that the building fell within Residential Group R, and that the transient use of the apartment in question changed the occupancy group of the apartment from R-2 to R-1. So the fire alarm requirements of BC Section 907.2.8 applied. And it was no defense that landlord didn't know about a tenant's sublet of the unit for transient use. Landlord was fined $3,750.

DOB v. 457-459 W 49 Street LLC: ECB App. No. 2100442 (5/20/21)[3-pg. document]