Landlord Created Nuisance by Illegal Short-Term Rentals

November 24, 2015

LVT Number: #26632

The city sued landlord for illegally converting two buildings into illegal short-term hotels, claiming that landlord created a nuisance that must be abated. The court denied landlord’s request to dismiss the case. It didn’t matter that the city applied stricter fire safety standards for transient dwellings than on permanent residential units. The court ruled for the city without a trial, based on landlord’s default.

The city sued landlord for illegally converting two buildings into illegal short-term hotels, claiming that landlord created a nuisance that must be abated. The court denied landlord’s request to dismiss the case. It didn’t matter that the city applied stricter fire safety standards for transient dwellings than on permanent residential units. The court ruled for the city without a trial, based on landlord’s default. Landlord didn’t file an answer to the city’s court complaint and failed to retain an attorney, which it was required to do as a limited liability company.

 

 

 
City of New York v. City Oases, LLC: Index No. 451997/2014, NYLJ No. 1202739515002 (Sup. Ct. NY; 10/6/15; d’Auguste, J)

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