Landlord v. Tenant: January 2017

Procedure—Court

Tenant Refused to Pay Use and Occupancy While Case Pending

Landlord sued to eject rent-stabilized tenant. In two separate orders, the court directed tenant to pay for past and current use and occupancy while the case was pending. When tenant failed to comply, the court struck tenant’s answer and awarded possession to landlord. Tenant appealed and lost. Tenant’s repeated failure to pay use and occupancy constituted willful and contumacious behavior, and the court properly ruled for landlord.

• Silverman v. D'Arco: 2016 NY Slip Op 08026 (App. Div. 1 Dept.; 11/29/16)

Subletting

Landlord Can Evict Tenant Who Conducted Short-Term Rentals Through Airbnb

Landlord sued to evict rent-stabilized tenant for unlawful subletting of her apartment and profiteering. The court ruled for landlord. Tenant appealed and lost. At trial, landlord showed that tenant: (1) listed the apartment on the Airbnb website at a nightly rate starting at $215 plus other charges; (2) provided linens, towels, WiFi, TV, and housekeeping service; (3) had rented the apartment at least 120 nights in a 14-month period, with groups as large as seven adults staying up to 10 days and paying $375 per night; and (4) had reported Airbnb rental income on tax returns for 2009 and 2010 while deducting apartment expenses against that income. The trial court properly found that tenant’s conduct constituted subletting, profiteering, and commercialization of the premises. This was an incurable violation of the Rent Stabilization Law. 

• 335-7 LLC v. Steele: 53 Misc.3d 150(A), 2016 NY Slip Op 51689(U) (App. T. 1 Dept.; 11/29/16)