Trial Needed on Landlord’s Claim of Airbnb Sublet Profiteering

April 19, 2016

LVT Number: #26904

Landlord sued to evict rent-stabilized tenant for illegal sublet profiteering and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that tenant listed her apartment on the Airbnb website and engaged in rent profiteering. But a trial was needed to determine the facts. Landlord’s evidence was largely hearsay and insufficient to prove that tenant engaged in commercial exploitation or rent profiteering.

Landlord sued to evict rent-stabilized tenant for illegal sublet profiteering and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. Landlord claimed that tenant listed her apartment on the Airbnb website and engaged in rent profiteering. But a trial was needed to determine the facts. Landlord’s evidence was largely hearsay and insufficient to prove that tenant engaged in commercial exploitation or rent profiteering. Among the questions for the trial court was the number of times tenant sublet the apartment and whether there was any rent overcharge. 

 
13775 Realty, LLC v. Foglino: 51 Misc.3d 126(A), 2016 NY Slip Op 50335(U) (App. T. 1 Dept.; 3/21/16; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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