Landlord Committed Public Nuisance by Renting Building for Short-Term Stays

The city sued landlord to abate a public nuisance and asked for a preliminary injunction against landlord while the case was pending. The city claimed that landlord rented building apartments to tourists or other transient tenants in violation of the NYC Administrative Code, Building Code, and Multiple Dwelling Law (MDL). The city also claimed that the apartments were regularly and deceptively advertised on Airbnb for short-term stays in violation of the MDL and NYC Consumer Protection Law. The city said that the lack of adequate fire safety, combined with transient tenants' unfamiliarity with the building, significantly increased the risk of injury to individuals in the event of a fire. The court ruled for the city and granted the preliminary injunction, since there was already sufficient proof of landlord's actions, which created a public nuisance and irreparable injury.

NYC v. Baldeo: Index No. 450126/2018, NYLJ No. 1553059659 (Sup. Ct. NY; 3/1/19; D'Auguste, J)