Mayor Bill de Blasio holds media availability for updates to the City’s coronavirus. Image Credit: Ed Reed/Mayoral Photography Office

Questions about transient use and multiple dwelling law linger after City and Airbnb’s settlement. On June 12, 2020, Mayor Bill de Blasio and Airbnb announced a settlement of their lawsuit regarding Local Law 146 of 2018. Local Law 146 of 2018 requires users of short-term rental platforms, like Airbnb, to file reports with the City detailing individual host and transaction information. In their initial filings, Airbnb and the other associated parties expressed concern about data storage, sharing and privacy, claiming the local law violated the First and Fourth Amendments of the United States Constitution, the Stored Communications Act and the New York State Constitution. Airbnb was awarded a preliminary injunction for their claims on January 3, 2019. This newly announced settlement between involves Airbnb dismissing the lawsuit against the City and agreeing to provide the City the specified host and transaction information, in the manner described by the settlement’s prospective local law. It is important to note that the settlement is premised on the actual adoption of the new law governing short-term rental reporting. The City Council Committee on Housing and Buildings held a public hearing on the proposed bill amendments on June 17, 2020. The Mayor’s Office of Special Enforcement testified but there were no questions or comments.

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360 West 43rd Street in Manhattan. Image credit: Google Maps.

The Appellate Division affirmed fines for illegal conversion of residential units as hotel rooms. 360 West 43^rd Street is a 28-story, 264 rent-stabilized unit building in Midtown, Manhattan. On June 5, 2015, the owner sent three tenants a letter advising them that their leases would be terminated and they would be evicted if they continued illegally renting out the apartments for hotel use. (read more…)

132 East 45th Street in Manhattan. Image credit: CityLaw.

Tenants rented apartments for transient use without owner’s knowledge. Pamela Equities Corp. owns and operates a building with 94 apartments located at 132 East 45^th Street, Manhattan.  On October 23, 2014, the Department of Buildings served Pamela Equities with a notice of violation for illegal conversion of apartments 4G and 9C from permanent residences to transient use.  Following a hearing, the Environmental Control Board imposed a civil penalty of $5,800 and an additional discretionary civil penalty of $45,000 against Pamela Equities. (read more…)