OUCH! Tenant loses rent stabilized apt. over Airbnb rentals!

The court held that the tenant had “engaged in profiteering by renting out the apartment or allowing his children to rent out the apartment, to a series of short-term transient tenants for commercial purposes on Airbnb.” Based on online reviews and other evidence presented, the court found that the apartment had been “listed and rented out to travelers through the Airbnb website.”

The court stated that “[s]uch brazen and commercial exploitation of a rent-stabilized apartment significantly undermines the purpose and integrity of the Rent Stabilization Law and Code and is therefore incurable.” Thus, the landlord was awarded a final judgment of possession.

Bpark v. Durena

Standing in Landlord Tenant Court

On May 1, 2015, in Landlord-Tenant, by John A. Weber IV, ESQ.

Standing in Landlord Tenant Court

Standing is an affirmative defense that finds its way into many Answers in Landlord Tenant Court.  Standing refers to the right of the petitioner/landlord to bring the case in the first place.  The quick rule of thumb to decipher whether or not a petitioner has Standing is if the petitioner appears on the deed to the property on the date that the action was commenced.  An action is commenced on the date that the index number is purchased with the Court.

In cases where Standing is at issue, it is necessary to determine whether or not a Power of Attorney has given the authority to prosecute a case to another individual than whom appears on the deed.  It is important to note that the petitioner should in most cases still be the person named as owner on the property deed.

If you are involved in a current landlord tenant proceeding or are considering bringing a landlord tenant action, call (516)  858-2620 to speak to a landlord tenant attorney today!

Familial Exception to Eviction

On October 22, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.
A very interesting decision was issued by Judge Eric Bjorneby, J.D.C. in Kakwani v Kakwani,40 Misc. 3d 627,967 N.Y.S.2d 827,2013 N.Y. Misc. LEXIS 2555,2013 NY Slip Op 23200,2013 WL 3155372(N.Y. Dist. Ct.2013).  This eviction action centered on the issue of whether a family member can be evicted in summary proceedings in New York.  A very detailed analysis which covered the development of the familial exception rule in New York was set forth.  The facts in these cases will determine whether the familial exception applies.  The only available option for evicting those covered under the exception is through ejectment actions.
As always, if you are in the unfortunate situation of being involved in an eviction action with a family member, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2613 to speak with an experienced Landlord Tenant attorney today!

Nassau County Evictions

On August 7, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.

nassauNassau County Evictions

Knowing the venue where you are litigating your eviction is vital in several ways including the cost of the action.  Nassau County in particular can be very costly due to some local town codes.  In Nassau County, the Sheriff requires the landlord to pay for the moving expenses and first month’s storage charges for the tenant’s belongings.  The reason for this cost is that Nassau County and the municipalities and townships inside Nassau County have ordinances and codes in place to protect the public health and welfare in their municipalities or towns.  These town codes prevent garbage and discarded property from being left curbside.  Faced with the dilemma of figuring out how to execute the warrant of eviction for landlords without leaving the tenant’s belongings curbside, the Sheriff decided to employ the services of a moving company to remove the tenants belongings and acquire a storage unit to hold such belongings.  It is the responsibility of the Sheriff to ensure that the municipality collects these funds and does not take a financial loss.  The Sheriff therefore demands that the landlord pay the moving and storage expense upfront.  For more information regarding this aspect of Nassau County eviction proceedings, read the decision of

As always, if you have any questions or concerns regarding the moving and storage expenses associated with an eviction proceeding, call (516) 858-2620 to speak with an eviction attorney today!
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