Landlord Can't Add DOB Fine for Short-Term Rentals to Cure Notice Requirement

August 28, 2017

LVT Number: #27873

Landlord sued to evict rent-stabilized tenant for using the apartment for illegal transient use and operating an illegal hotel. Landlord didn't dispute that tenant had stopped the illegal short-term rentals during the period set forth in landlord's notice to cure. But landlord had been fined by DOB for the short-term rentals and claimed that tenant must pay the fine in order to cure. The court ruled against landlord and dismissed the case. Landlord didn't specify how tenant should cure in the notice to cure.

Landlord sued to evict rent-stabilized tenant for using the apartment for illegal transient use and operating an illegal hotel. Landlord didn't dispute that tenant had stopped the illegal short-term rentals during the period set forth in landlord's notice to cure. But landlord had been fined by DOB for the short-term rentals and claimed that tenant must pay the fine in order to cure. The court ruled against landlord and dismissed the case. Landlord didn't specify how tenant should cure in the notice to cure. And, at the time that landlord issued the cure notice, DOB hadn't levied the fine against landlord. So landlord couldn't have expected tenant to pay the fine as part of the cure.

 

884 Riverside LP v. Zelaya: Index No. 59863/2016, NYLJ No. 120279337933 (Civ. Ct. NY; 7/2/17; Weisberg, J)

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