Were Short-Term Stays Profiteering by Tenant?

July 11, 2014

LVT Number: #25602

Landlord sued to evict rent-stabilized tenant of a three-bedroom apartment, claiming that tenant was profiteering by renting to a series of short-term stay occupants between March and December 2010. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. A trial was needed to determine whether the occupants were roommates or subtenants and, if subtenants, whether the claimed overcharges were so substantial and pervasive as to constitute incurable rent profiteering.

Landlord sued to evict rent-stabilized tenant of a three-bedroom apartment, claiming that tenant was profiteering by renting to a series of short-term stay occupants between March and December 2010. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. A trial was needed to determine whether the occupants were roommates or subtenants and, if subtenants, whether the claimed overcharges were so substantial and pervasive as to constitute incurable rent profiteering. A trial court needed to review the extent, chronology, and duration of the overcharges.

335-7 LLC v. Steele: 43 Misc.3d 144(A), 2014 NY Slip Op 50891(U) (App. T. 1 Dept.; 6/9/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

Topics

More like this