Landlord Fined for Short-Term Apartment Rental Violations

LVT Number: #30084

DOB issued a violation notice to landlord for illegally converting an apartment in a Class A multiple dwelling to transient use, as well as three related violations for failing to maintain a code-compliant building and failing to install a fire alarm systems. After a hearing, the ALJ dismissed the violations, finding them unsupported by the law or evidence. DOB appealed and won. OATH found that DOB had proved its case. Its inspector interviewed a guest at the apartment, who was visiting from Canada and rented the unit for six days on Airbnb for 209 Canadian dollars.

DOB issued a violation notice to landlord for illegally converting an apartment in a Class A multiple dwelling to transient use, as well as three related violations for failing to maintain a code-compliant building and failing to install a fire alarm systems. After a hearing, the ALJ dismissed the violations, finding them unsupported by the law or evidence. DOB appealed and won. OATH found that DOB had proved its case. Its inspector interviewed a guest at the apartment, who was visiting from Canada and rented the unit for six days on Airbnb for 209 Canadian dollars. DOB also presented snapshots of a booking confirmation and an Airbnb ad. Landlord correctly argued that neither the booking confirmation nor the ad identified the building or a street address, but they displayed a photograph that matched the inspector's photo. Landlord was filed a total of $6,875 for the four violations.

Lam Brothers Realty LLC: ECB App. No. 1801883 (3/7/19) [5-pg. doc.]

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