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Short term rentals

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Short term rentals

Postby Bktenant » Sat May 25, 2019 8:18 pm

Dealing with short term rentals and the court for a rent stabilized apartment
Last edited by Bktenant on Sun May 26, 2019 8:43 pm, edited 1 time in total.
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Re: Short term rentals

Postby TenantNet » Sat May 25, 2019 8:33 pm

You have to give us a lot more information in order to attempt an answer. What's really happening here?
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Re: Short term rentals

Postby Bktenant » Sat May 25, 2019 8:48 pm

has overcharged
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Re: Short term rentals

Postby Bktenant » Sat May 25, 2019 8:50 pm

Tenant inquired with an l&t and he claimed that there is nothing to do
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Re: Short term rentals

Postby Bktenant » Sat May 25, 2019 9:22 pm

Landlord failed to register
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Re: Short term rentals

Postby TenantNet » Sat May 25, 2019 9:56 pm

You have two separate cases that have different issues - and need different strategies.

On the overcharge, if he was smart, LL would put his offer on record so DHCR would be lenient with him, especially with treble penalty. Of course the LL's effort to mitigate might reduce any overcharge award you could get. From your perspective, if the LL's offer is not documented or asserted, it would be better for you.

But for the threat on the short-term rentals (let's assume AirBNB), I would get LL on record with any threat. (you don't have to use it - just get it).

As for short term rentals, depending on how you're doing it, it could be illegal. Second, it could violate your least. Yes, some tenants have been evicted. If you've stopped, then don't do it again. It would help your case to refund to your guests any amounts you charged that could be seen as over 50% of the rent (on a daily basis). Tenants making refunds I believe has been material in such cases.

Of course if you've stopped and the LL has not yet filed a holdover against you, make sure he knows that (put it in writing, by certified mail).

These AirBNB cases can be complicated and the law on this issue is continuing to evolve, so I would consult with a tenant attorney that has experience in such matters. You say you did consult with L&T attorney, but I think there are differing opinions on this and I don't think the law is as black and white as was presented. Still it's something to be concerned about.

As for late/improper registration, make sure DHCR knows this - report all that to the DHCR office that is considering your overcharge complaint.

Do NOT - ever - sign a backdated lease. And if you did not have a preferential rent to begin with, do not agree to one now. Pref. Rents are bad news - for you. Also, if you did have a pref. rent since you took occupancy, it's possible the LL made a mistake so that it's not enforceable. A renew of your lease would be needed. The LL must add the PR rider on each and every renewal lease, and if must have certain language.

Also consider that if DHCR rules in your favor, the legal rent could likely be reduced. How that impacts any preferential rent the LL forced on you, I don't know. I don't know if DHCR has the authority to nullify an existing PR given a finding of overcharge, improper lease or bad registration.
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Re: Short term rentals

Postby Bktenant » Sat May 25, 2019 10:19 pm

The lease signed was i am currently month to month and in
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Re: Short term rentals

Postby TenantNet » Sat May 25, 2019 11:03 pm

I don't think a judge will consider that argument - that you needed it to pay rent (and not profiteering). If you go to trial, then you will be given the opportunity to "present your case" (better if you have a lawyer). But that is not what you need. You need to stop renting it out and refund any overcharges ASAP. That might help, but can't guarantee you'll get off. I would get a variety of opinions.
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Re: Short term rentals

Postby Bktenant » Sat May 25, 2019 11:09 pm

Thank you will do that now
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Re: Short term rentals

Postby Bktenant » Sun May 26, 2019 12:12 am

everyone that
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Re: Short term rentals

Postby TenantNet » Sun May 26, 2019 12:51 am

I think it would -- at least to the extent that what you charged them exceeded 50% of the daily rent. But I would also consult a tenant attorney that has actually litigated/defended tenants in this sort of situation. Some lawyers might give you a dark assessment, but others with experience might know what you need to do.
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Re: Short term rentals

Postby Bktenant » Sun May 26, 2019 1:21 am

possible can you suggest?
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Re: Short term rentals

Postby TenantNet » Sun May 26, 2019 1:43 am

Is that English? If you're looking for a tenant attorney, we have quite a few that advertise on this site (full disclosure - we obtain advertising revenue, but we do not obtain any fee or kickbacks for referrals).
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