Surprise! Judge decides against eviction of Airbnb subletter

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

Jun.June 18, 2014 02:35 PM

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

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