Landlord Held Responsible for Tenant's Short-Term Rentals

December 21, 2020

LVT Number: #31155

DOB issued two violations to landlord of a two-family dwelling for permitting its tenants to conduct short-term rentals of the premises. The NYC Office of Administrative Trials and Hearings (OATH) affirmed the violations and penalties after an ALJ ruled against landlord. Landlord then filed an Article 78 court appeal of the OATH ruling, claiming that it was arbitrary and in error. The court ruled against landlord, who appealed and lost. OATH's determination, that landlord violated Admin.

DOB issued two violations to landlord of a two-family dwelling for permitting its tenants to conduct short-term rentals of the premises. The NYC Office of Administrative Trials and Hearings (OATH) affirmed the violations and penalties after an ALJ ruled against landlord. Landlord then filed an Article 78 court appeal of the OATH ruling, claiming that it was arbitrary and in error. The court ruled against landlord, who appealed and lost. OATH's determination, that landlord violated Admin. Code Sections 28-118.3.2 and 28-204.4 by allowing the property to be used in a manner inconsistent with what was authorized on the building's Certificate of Occupancy, was consistent with prior case law. The decision was neither arbitrary, capricious, nor affected by an error of law.

Clinton Rising, LLC v. ECB: Index No. 2018-09371, 2020 NY Slip Op 06255 (App. Div. 2 Dept.; 11/4/20; Mastro, JP, Cohen, Duffy, Brathwaite Nelson, JJ)

Topics

More like this