Mayor's Office Didn't Prove Landlord Advertised for Unlawful Short-Term Rentals

The Mayor's Office of Special Enforcement issued three violation notices to landlord after observing three separate unlawful advertisements for short-term apartment rentals on Airbnb.com's website, in violation of Multiple Dwelling Law Section A1C8. At a hearing, landlord argued that there was no Section A1C8, and therefore, the violation notices were defective. The ALJ ruled for landlord and dismissed the violations. The Mayor's Office appealed and won, in part. The violation notices also stated that landlord violated Admin. Code Section 27-287.1(1), which provides that it's unlawful to advertise apartment rental in Class "A" multiple dwellings for less than 30 days. So the notices properly notified landlord of the law and regulations involved. But the Mayor's Office didn't establish unlawful advertising. The violation notices didn't specify that landlord advertised to rent units for less than 30 days. And landlord testified that it in fact advertised for rentals to college students for periods of more than 30 days. The Mayor's Office didn't offer any rebuttal.  

Florentino: ECB App. No. 1701096 (2/15/18) [4-pg. doc.]