Monthly Archives: November 2018

Airbnb Rentals Hit Legal Turbulence

Also published on the SGR blog.

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.

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Which Rule Rules?

Please see my recent article on Habitat.  Copyright by, and republished with permission of, Habitat Magazine.

A dustup at the Village Dunes co-op in Montauk highlights the differing standards that may govern the enforceability of decisions made by co-op boards.  Click Here For More.

 

FALL 2018 YELLOWSTONE UPDATE

In a Yellowstone proceeding, a commercial tenant applies to Supreme Court for an Order tolling the time to cure an alleged default asserted by its landlord and staying the termination of the lease and the prosecution of a summary (holdover) proceeding.  In order to obtain relief, the tenant must show that it is “ready, willing and able” to cure the default (if one is found to exist); however, the legal predicate is that the alleged default is, in fact, curable.

The following cases summarize recent Yellowstone proceedings in our Courts.  Especially noteworthy are the decisions finding that the failure to obtain and maintain insurance coverage required by the lease may not be curable; and, if not, Yellowstone relief will not be granted. Continue reading