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Landlord using apartment for AirBnB

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

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Landlord using apartment for AirBnB

Postby brooklynstabilized » Mon Jun 17, 2019 9:33 pm

Hi Guys,

So the Landlord in my building is using an apartment next to him for AirBnB. This apartment, which was rent stabilized was vacated because they were harassing the tenant in this apartment along with the other tenants. They then claimed ownership of this unit and knocked down the bedroom wall to make a gigantic bedroom. They're attempting to evict multiple rent stabilized tenants in the building claiming they want the units for use as a "single contiguous family residence", and they wish to enlarge their current living space to better enjoy their life together.

I looked into some articles online, and it says "NYC is Airbnb's largest domestic market, but under state law, it is illegal in most buildings for an apartment to be rented out for less than 30 days UNLESS the permanent tenant is residing in the apartment at the same time." Are they able to do this even though they specifically claimed they wanted the rent stabilized tenants out for "private use"? I believe this is their end plan anyway. To get rid of the rent stabilized tenants, and make all units into airbnb cash cows. Please advise. Thanks.
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Re: Landlord using apartment for AirBnB

Postby TenantNet » Mon Jun 17, 2019 11:50 pm

The law has changed on owner occupancy. Now, LLs can only legally claim one unit per building for owner occupancy. Of course that's legally and it sounds like what your LL is doing is illegal. I would contact Dept. of Buildings for any illegal work or work without a permit. Of course DOB can take forever, so contact your local elected officials and community board to nudge them along. Document everything. Take photos, record conversations, copy letter you send or receive (keep envelopes to secure the postmark).

311 is pretty useless when it comes to reporting AirBNB or DOB violations, but do so anyway to get things on record. Organize a tenant group. There is strength in numbers.

Sounds what the LL is doing with AirBNB is illegal. The law allows a tenant to use AirBNB if the tenant still sleeps there and the person renting is in a spare room. In your case the LL is making the place a defacto hotel and that's illegal.
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Re: Landlord using apartment for AirBnB

Postby BubbaJoe123 » Wed Jun 19, 2019 9:36 am

Are they actually using the apartment for AirBnB? In other words, do you see a steady stream of people coming and going for short periods? The city is actually being pretty proactive in going after professional AirBnB "hosts".

The people you want to contact on illegal short-term rentals is the Office of Special Enforcement. You can file an online complaint here: https://www1.nyc.gov/apps/311universali ... l+as+Hotel
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Re: Landlord using apartment for AirBnB

Postby TenantNet » Wed Jun 19, 2019 9:57 am

Bubba, what planet are you from? Yes, the OSE is supposed to enforce the rules on short-term rentals, but rarely do. I've seen instances where AirBnB complaints get ignored by OSE for months at a time. Lax is being kind to describe the city's ignoring the problem.
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Re: Landlord using apartment for AirBnB

Postby brooklynstabilized » Wed Jun 19, 2019 11:35 am

BubbaJoe123 wrote:Are they actually using the apartment for AirBnB? In other words, do you see a steady stream of people coming and going for short periods? The city is actually being pretty proactive in going after professional AirBnB "hosts".

The people you want to contact on illegal short-term rentals is the Office of Special Enforcement. You can file an online complaint here: https://www1.nyc.gov/apps/311universali ... l+as+Hotel


Yes they actually are using it for AirBnB. The first thing that got my attention was when the Landlord put stickers with just the apartment number over the tenants names on our mailboxes blocking the names. Then we started seeing strangers with luggage coming into the building. I’ve looked online, and I actually found their AirBnB post. The Landlords wife set this up, and she put a fake picture with a fake name. We can tell by the pictures it’s the apartment, and the AirBnB guests that departed just left reviews. I have this on my security camera as well.
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Re: Landlord using apartment for AirBnB

Postby brooklynstabilized » Wed Jun 19, 2019 11:42 am

TenantNet wrote:Bubba, what planet are you from? Yes, the OSE is supposed to enforce the rules on short-term rentals, but rarely do. I've seen instances where AirBnB complaints get ignored by OSE for months at a time. Lax is being kind to describe the city's ignoring the problem.


Are they able to use the loophole where they’re in their apartment while they’re “hosting” the airbnb guests? It’s actually 2 apartments on the 2nd floor, but I think they knocked down the bedroom in 2L. They occupy 2R so they’re now claiming both apartments as 1. They’re having the Airbnb guests stay in 2L. I really don’t know the exact set up, but I know they’re trying to evict us, and trying to evict other rent stabilized tenants using “owner occupancy”. And it seems fishy that the Landlords wife put a fake profile picture, and fake name on her Airbnb account.
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Re: Landlord using apartment for AirBnB

Postby TenantNet » Wed Jun 19, 2019 3:32 pm

Evicting you is a separate thing from AirBNB usage, illegal or not.

See if there was a permit from the Dept. of Buildings that allowed them to combine units. If not, there's a number of things that might trigger. In some areas the zoning would prohibit combining units unless they have a Certificate of No Harassment.
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Re: Landlord using apartment for AirBnB

Postby brooklynstabilized » Wed Jun 19, 2019 4:26 pm

TenantNet wrote:Evicting you is a separate thing from AirBNB usage, illegal or not.

See if there was a permit from the Dept. of Buildings that allowed them to combine units. If not, there's a number of things that might trigger. In some areas the zoning would prohibit combining units unless they have a Certificate of No Harassment.



There definitely wasn't a permit from the DOB for them to do this. They did this on the sneak over a year ago. Now they're AirBnB'ing apt 2L. Who should I contact about this?
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Re: Landlord using apartment for AirBnB

Postby TenantNet » Wed Jun 19, 2019 4:35 pm

DOB about the illegal conversion.
Mayors Office of Enforcement about the AirBNB usage.
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