No Proof of Profiteering by Tenant

June 24, 2019

LVT Number: #30193

Landlord sued to evict rent-stabilized tenant for profiteering and commercialization of her apartment through short-term rentals using Airbnb. The court denied landlord's request to decide the case without a trial and granted tenant's request to dismiss the case. Tenant had refunded nearly $2,000 to eight of the nine renters in question. There was no proof that tenant commercialized the premises or profited on any large scale from her rent-stabilized status since landlord took over the building.

Landlord sued to evict rent-stabilized tenant for profiteering and commercialization of her apartment through short-term rentals using Airbnb. The court denied landlord's request to decide the case without a trial and granted tenant's request to dismiss the case. Tenant had refunded nearly $2,000 to eight of the nine renters in question. There was no proof that tenant commercialized the premises or profited on any large scale from her rent-stabilized status since landlord took over the building. Tenant's collection of $226 above her legal rent over many years wasn't grounds for forfeiture of her long-term tenancy.

207-209 W 107th St. LLC v. Doe: Index No. 56813/18, NYLJ No. 1558682632 (Civ. Ct. NY; 4/30/19; Elsner, J)

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