Case: 207-209W. 107th St. LLC v Doe
In defense of the landlord’s claims, the tenant refunded about $2,000.00 to eight of the nine Airbnb renters; argued that the previous landlord never objected to the tenant renting her apartment.
The landlord attempted to obtain discovery, however, the court denied discovery as the tenant provided documents timely and underwent a deposition.
The Court went on to examine whether the conduct of renting the apartment on Airbnb rose to a level of commercialization and profiteering that would justify an eviction.
The Court found no evidence that the tenant commercialized the apartment or profited on any large scale from her rent-stabilized since the new owner took control of the building. The Court ruled that the $226.00 above the legal regulated rent the tenant charged Airbnb guests, was not grounds for forfeiture of the tenant’s long-term tenancy as a rent-stabilized apartment.
The information above is intended to provide limited information only and is not legal advice. The laws relating to Airbnb in New York are complex. If you are a party to a matter concerning Airbnb, eviction, or short-term rentals, and otherwise need further guidance in this or a related area of law, Singh & Rani, LLP can assist you. Attorney advertisement. Prior results to not guarantee similar outcome.