Landlord Fined $10,000 for Advertising Short-Term Rentals for Boarders

LVT Number: #32157

The Mayor's Office of Special Enforcement (OSE) issued two violation notices to landlord for posting two ads for Airbnb short-term rentals inside the building. Landlord argued that the ads were for the rental of bedrooms within the apartment and that this was legal as long as she also occupied the apartment during the short-term rentals of no more than two boarders per room. The ALJ agreed and dismissed the violations. OSE appealed and won. Landlord published two ads for a Class "A" dwelling unit that could accommodate a total of four boarders. The ads violate Admin.

The Mayor's Office of Special Enforcement (OSE) issued two violation notices to landlord for posting two ads for Airbnb short-term rentals inside the building. Landlord argued that the ads were for the rental of bedrooms within the apartment and that this was legal as long as she also occupied the apartment during the short-term rentals of no more than two boarders per room. The ALJ agreed and dismissed the violations. OSE appealed and won. Landlord published two ads for a Class "A" dwelling unit that could accommodate a total of four boarders. The ads violate Admin. Code Section 27-287.1 and Multiple Dwelling Law Section 4(8) by advertising room rentals for two families for other than permanent residence purposes in a single-family house. Landlord was fined $10,000, which included $5,000 for a second offense penalty.

OSE v. Kaper: ECB App. No. 2200334 (5/26/22)[3-pg. document]

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