Landlord Fined for Short-Term Rental for Nine Guests in Two-Family House

DOB issued four violation notices to landlord for booking short-term rentals through Airbnb for the first floor of a two-family house for nine guests. At a hearing, landlord argued that the DOB inspector's conversation with a guest through an open window was insufficient to establish the charges.

The ALJ ruled for landlord in part. One violation was dismissed because the prohibition against short-term rentals contained in the MDL didn't apply to two-family dwellings.

DOB appealed and won. ECB found that the transient use of a two-family house was a violation of Code Section 28-118.3.2. DOB wasn't required to show that the premises met the definition of "multiple dwelling" under the Multiple Dwelling Law (MDL) in order to make out a violation of Code Section 28-118.3.2. The transient use of the first floor brought the premises under special provisions of law relating to egress and fire protection. In any event, the transient use of the first floor brought the building under special provisions of the law relating to egress and fire protection. The building had  means of egress only from the first floor, no sprinkler system, and no fire alarm system. Landlord was fined $2,500.

DOB v. Doc Saab, Inc.: ECB App. No. 2000449 (5/21/20) [3-pg. doc.]