Tenant Runs Bed and Breakfast from Apartment

January 1, 2003

LVT Number: 16299

HPD issued a certificate of eviction to landlord after finding that middle-income housing tenant used her apartment for a business purpose, in violation of her lease. Tenant appealed. The court revoked the certificate. Landlord then appealed and won. HPD's decision was reasonable. HPD had held a hearing. Various witnesses testified that foreign tourists with luggage came and went from tenant's apartment and treated tenant as a stranger when they met her in the building. Landlord also showed that tenant advertised her apartment for short-term rental over the Internet.

HPD issued a certificate of eviction to landlord after finding that middle-income housing tenant used her apartment for a business purpose, in violation of her lease. Tenant appealed. The court revoked the certificate. Landlord then appealed and won. HPD's decision was reasonable. HPD had held a hearing. Various witnesses testified that foreign tourists with luggage came and went from tenant's apartment and treated tenant as a stranger when they met her in the building. Landlord also showed that tenant advertised her apartment for short-term rental over the Internet. And tenant committed fraud by not reporting the business income.

Padilla v. Levy: NYLJ, 12/12/02, p. 18, col. 6 (App. Div.1 Dept.; Mazzarelli, JP, Saxe, Ellerin, Lerner, Marlow, JJ)

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