Monthly Archives: March 2015

Rent Control Laws “Trump” Airbnb “Profiteering”

It was bound to happen:  Internet commerce colliding with arguably conflicting statutory restrictions:  Two recent actions in Supreme Court and Civil Court, New York County, pitted Airbnb against the Rent Control Law – and the law won.

Brookford, LLC v. Penraat, 2014 NY Slip Op 24399 (Sup. Ct. N.Y. Co.) [decided on December 19, 2014] (Edmead, J.)

The Court summarized the facts:

Defendant Noelle Penraat (“defendant”), resides in four-bedroom, rent-controlled duplex apartment on Central Park West (the “Apartment”). Over the past two years, defendant has had 135 short-term rentals, some as short as for three nights, but none exceeding 21 days, facilitated by the use of the website Airbnb (

Defendant’s landlord, Brookfield, LLC (“plaintiff” or “Building Owner”), now moves by order to show cause for a preliminary injunction enjoining defendant from, inter alia, advertising and renting the Apartment to tourists and other visitors for stays of less than 30 days, in violation of [various sections of the] Rent Control Law (“RCL”)… Multiple Dwelling Law (“MDL”) New York Housing Maintenance Code (“HMC” or “Housing Maintenance Code”); New York City Building Code (“Building Code”)…and Building certificate of occupancy (“COO”).

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