Specifically, the Administrative Code § 28-301.1 provides that, “The owner shall be responsible at all times to maintain the building…in a safe and code-compliant manner…” Therefore, building owners are responsible for the actions of their tenants.
Some of the common violations for transient use under the Multiple Dwelling Law (“MDL”) include: (1) inadequate sprinklers for transient use; (2) inadequate egress for transient use; and (3) inadequate fire alarm for transient use.
Penalties can range anywhere from $1,000 to $1,000 a day up to 45 days, totaling $45,000.00.
In addition, private dwelling owners can face a penalty for occupancy violations as transient rentals conflict with the Certificate of Occupancy for permanent residences.
Finally, New York State has also banned advertisements for rentals that are in violation of the MDL’s restriction on short-term rentals.
The New York City Office of Special Enforcement enforces penalties for illegal advertisements, and the first fine is for $1,000.00, the second fine is for $5,000.00, and the third fine is for $7,500.00. A more thorough list of violations can be found here - https://bit.ly/2zSzmo1
Recently, our Partner Counsel, Reena Rani, Esq. was able to dismiss several ECB violations for our client, saving them thousands of dollars in alleged Airbnb/short-term rental violations.
The information above is intended to provide limited information only and is not legal advice. The laws relating to Airbnb, sub-leasing, short-term rentals, and evictions in New York are complex. If you are a party to a matter concerning an Airbnb/online marketplace hospitality service and otherwise need further guidance in this or a related area of law, Singh & Rani, LLP can assist you.