Landlord Fined $46,000 for Tenant's Short-Term Rental of Apartment

DOB issued violations notices to landlord for use of a Class "A" multiple dwelling for other than permanent residential use. Landlord argued that apartment tenant created the violation, that landlord didn't know about it until it received the DOB's notice, and that landlord took immediate action by sending tenant a notice to cure. Tenant then moved out. The ALJ ruled against landlord and imposed daily penalties for 43 days, calculated from the date of occurrence until the day before tenant moved out. Landlord appealed and lost. Landlord's claimed ignorance of tenant's short-term rental activities is not a defense. The ALJ properly found landlord to be in violation of Building Code Section 28-210.3. [Download PDF of decision here.]

Thera Realty, LLC: ECB App. No. 180004 (3/8/18) [1-pg. doc.]