Landlord's Employee Fined $10K for Advertising Short-Term Rentals on Airbnb

The Mayor's Office of Special Enforcement (OSE) issued 10 violation notices to landlord's employee for unlawfully advertising apartments of three Lower East Side buildings for short-term rentals of less than 30 days, in violation of Multiple Dwelling Law Section 4(8)(a). At a hearing, the OSE inspector testified that he saw the employee leave one of the buildings, and on other visits people occupying units told him that they booked the apartments through Airbnb and showed him booking confirmations. The inspector also found advertisements for apartments on Airbnb's website.

The employee claimed that he didn't place the ads but had helped the landlord set up an Airbnb account and listings on the office computer. He claimed that landlord asked to borrow his telephone number and picture because he looked young, appealing, and friendly. Landlord also testified that the employee had helped her set up the Airbnb webpage and that she had discontinued the listings. Landlord was willing to substitute herself as the respondent at the hearing, but OSE objected and the ALJ denied any substitution. The ALJ fined landlord's employee $10,000, at $1,000 per violation.

Landlord's employee appealed and lost. The employee's pseudonym, picture, and telephone number appeared on the Airbnb listings for "per night" apartment rentals with one-night minimum stays. So, he was properly charged with the violations. And the ALJ didn't find his claim that he didn't place the ads credible.

Chan: ECB App. No. 1800104 (4/26/18) [5-pg. doc.]