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Landlord & Tenant
Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect
230 E. 48th St. LLC v. Campisi, NYLJ 6/27/18, p. 21., col. 1., AppTerm, First Dept. (per curiam opinion)
In landlord's summary holdover proceeding, tenant appealed from Civil Court's judgment awarding possession to landlord. The Appellate Division affirmed, holding that tenant was not entitled to an opportunity to cure her lease violation, which amounted to commercializing a rent stabilized apartment.
Tenant listed her rent stabilized apartment on the Airbnb website at nightly rentals starting at $200 per night, and entered into more than a dozen rentals totaling 79 nights, collecting as much as $366 per night, well in excess of tenant's daily rent of $90. Landlord brought this holdover proceeding and Civil Court, after a nonjury trial, awarded possession to landlord. Tenant appealed.
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