Trial Must Determine If Tenant Engaged in Profiteering

LVT Number: #29850

Landlord sued to evict rent-stabilized tenant for profiteering by renting space in her apartment for short-term transient occupancy. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, finding that a trial was needed to determine the facts. Landlord appealed and lost. The record before the court raised mixed questions of law and fact, including whether the nature and frequency of tenant's rental of space in her apartment on a short-term basis to transients constituted commercialization of the apartment and profiteering.

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498 West End Avenue LLC v. Reynolds: Index No. 570861/18, 2018 NY Slip Op 51943(U) (App. T. 1 Dept.; 12/28/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)