tenant Archives

Nov 13, 2018

Airbnb Rentals Hit Legal Turbulence

A tenant of a rent-stabilized Manhattan apartment listed the unit on the Airbnb website at nightly rental rates starting at $200. Entered into more than one dozen separate rentals totaling 79 nights in 10 months, with up to 5 guests per rental. And collected as much as $366.00 per night, more than four times tenant’s daily rent of $90.00. Landlord started an eviction proceeding. The trial court concluded that tenant commercialized her apartment, an incurable violation of the Rent Stabilization Law. And also found that the illegal, de facto hotel operation showed complete disregard for the legitimate security concerns of landlord… Read more

Mar 4, 2015

Occupants

Our clients frequently ask questions concerning what occupants are allowed in a cooperative or condominium apartment. The answer is very situation-specific and depends on four sets of rules: (i) the governing documents of the building – principally the by-laws for a condominium and the proprietary lease for a cooperative, (ii) New York state’s “Roommate Law”, (iii) state and city laws involving short-term occupancies, and (iv) federal, state and city anti-discrimination laws. Cooperatives’ proprietary leases usually limit occupancy to the lessee and the lessee’s “immediate family” and domestic employees unless board permission is granted for other occupants. In both cooperatives and… Read more

Mar 27, 2009

Unit Owner Monetary Defaults

The current state of the national and local economy will likely lead to increased nonpayment of monthly charges by owners of cooperative and condominium apartments. The loss of income can affect the financial stability of a cooperative or condominium and, at least in the short run, the costs of unpaid maintenance or common charges must be borne by other owners. Therefore, it is important that boards have and enforce a clear policy as to payment arrears. The procedures and effectiveness of legal remedies for nonpayment differ substantially as between cooperatives and condominiums. Cooperative apartment owners are tenants for collection purposes,… Read more