Landlord Fined $5,000 for Unlawful Short-Term Rental of Apartment

LVT Number: #28328

DOB issued four violation notices to landlord based on transient use of a building apartment. DOB's inspector testified that he saw six people exiting the basement/first-floor duplex door to the unit. Some had luggage with them. One of them told the inspector that they were visiting New York from Ohio and that she rented the apartment for the whole group for three days. She showed the inspector an Airbnb confirmation for the reservation costing $1,036. The inspector took photographs of this document and submitted it at the hearing.

DOB issued four violation notices to landlord based on transient use of a building apartment. DOB's inspector testified that he saw six people exiting the basement/first-floor duplex door to the unit. Some had luggage with them. One of them told the inspector that they were visiting New York from Ohio and that she rented the apartment for the whole group for three days. She showed the inspector an Airbnb confirmation for the reservation costing $1,036. The inspector took photographs of this document and submitted it at the hearing. Landlord admitted leasing the space for short-term rental but had ceased advertising and was filing certificates of correction with DOB. The ALJ ruled against landlord and fined her $5,000.

Landlord appealed and lost. Landlord didn't deny the charges, and the violations involved the building lacking required means of egress and fire protections for transiently-occupied buildings. The total fine was properly based on the combined violations.

Wu: ECB App. No. 1701386 (2/15/18) [3-pg. doc.]

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