Another Win on Illegal Subletting – AirBnB

Steven Sidrane, Partner

Rent Stabilization-Tenants “Engaged in Profiteering by Renting Out” Their Apartment “to a Series of Short-Term Transient Tenants” for Commercial Purposes on Airbnb-“Such Brazen and Commercial” Exploitation of a Rent Stabilized Apartment Significantly Undermines the Purpose and Integrity of the Rent Stabilization Law and Code and Is “Incurable.”

A landlord commenced a holdover summary proceeding, seeking to recover an apartment, after the expiration of a 10-day notice of termination (notice) and a 10-day notice to cure. The notice to cure alleged that the rent-stabilized tenants, “were not primarily residing in the apartment and were illegally subletting the apartment in substantial violation of the terms of their lease.” The tenants denied the allegations and asserted that they reside in the apartment.

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