The Real Deal New York

Surprise! Judge decides against eviction of Airbnb subletter

Multiple Dwelling Law applies only to landlords, court says in ruling on FiDi apartment

June 18, 2014 02:35PM

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33 Gold Street and Airbnb logo

A Manhattan Housing Court judge ruled Monday that a woman subletting her two-bedroom Financial District rental apartment through Airbnb will not be evicted.

The Multiple Dwelling Law, which prohibits short-term sublets, applies to landlords, not sublessees, according to Justice Jack Stoller. Renters must comply, however, after a landlord tells them to stop subletting.  

The tenant, Kimberly Freeman, lives at an eight-story, 195-unit complex at 33 Gold Street. She said she earned about $200 per night from subletting, while paying $2,350 in monthly rent. Gold Street Properties, which owns the property, claimed in a lawsuit that Freeman should be evicted.

Last month, New York Attorney General Eric Schneiderman reached an agreement with Airbnb over the state’s investigation into the listings at the controversial short-term apartment rental site, as The Real Deal reported. Schneiderman had issued a subpoena demanding the records of more than 15,000 host users to help determine whether the site was in compliance with a law that bans the use of apartments for transient hotel guests. [NYP]Mark Maurer

  • Kent G

    this above article repeats false and/or misleading “facts” reported by the Post article that was written by Julia Marsh. For example, the above article repeats her claim that: “Renters must comply, however, after a landlord tells them to stop subletting.” in fact, Judge Stoller did not say this. The short term rental laws were not upheld or rejected in this case as such laws were not even relevant to the laws at issue. By relying upon the Post’s sloppy work, many websites are repeating such false facts as true, distorting completely what the Judge actually decided. I spent hours trying to get the Post to correct its many false facts, to no avail. This reporter, at least, does not seem to care about the truth. They want to publish any tripe or sensationalism that will sell newspapers. A much more careful analysis of the case and the post’s failures can be found here: http://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2014/2014-June/Airbnb-Court-Ruling-Was-Limited#.U64FirFcYYY.

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