There are many lingering questions about the legality of New Yorkers using Airbnb to sublet their apartments, but now a Manhattan Housing Court judge has ruled in favor of a tenant who was being threatened with eviction.
Kimberly Freeman has a two-bedroom at 33 Gold Street (monthly rent: $2350) and was subletting the place for $200/night—which her landlord did not appreciate. So Gold Street Properties moved to evict her, citing Multiple Dwelling Law. However, according to the NY Post, Justice Jack Stoller interpreted NYC's Multiple Dwelling as being "'generally aimed at the conduct of owners of property, not tenants.' Previously, landlords operated under the assumption that tenants profiting off unlawful sublets was a 'noncurable' offense, meaning renters could not right the wrong to dodge eviction."
Stoller wrote, "The court does not find that the enactment of statues designed to prevent rental property from being used for hotel purposes prevents respondent from being able to cure such activity." He did have one small consolation for landlords: Once a landlord tells a tenant to stop subletting, they must.
Some tenants make bank on Airbnbing their apartments.
