Tenant's Rental to Tourists Violated Building Code

DOB issued violation notices to landlord for operating an apartment building for transient use, as well as related violations of sprinkler, egress, and fire alarm regulations based on the building's use for transient occupancy.  At a hearing before the ALJ, a tenant testified that he had rented portions of his four-bedroom apartment to boarders through Airbnb, but claimed that he occupied the apartment with his roommate at the same time. The ALJ dismissed the violations after a hearing. DOB appealed and won. ECB found that occupancy of the apartment by four tourists for less than 30 consecutive days while the permanent occupants were present in the apartment wasn't consistent with using the apartment for permanent residence purposes. It was undisputed that on the date of the violations, the apartment was occupied by tenant, his roommate of 20 months, as well as two tourists who rented for two and five nights respectively. Total fines imposed against the landlord were $8,000.

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448-452 West 57 Associates LLC: ECB App. No. 1400043 (3/27/14) [6-pg. doc.]