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In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis. See, LuxuryBeachfrontGetaway.Com, Inc. v Town of Riverhead, 2018 WL 3617947 (E.D.N.Y. July 27, 2018). Specifically at issue was §263-4(D)(1) of the Town Code of the Town of Riverhead, which provides that transient rentals are prohibited (with “transient” being specifically defined as a rental period of 29 days or less). Such regulation of short-term rentals is not unique to Riverhead, as governments have increasingly been called upon to respond to the impacts of emerging rental markets in the new landscape of our “sharing economy.” Several neighboring municipalities, the Towns of Southampton, Southold, and Shelter Island, have similar temporal restrictions, while others limit the amount of times per year that a property may be rented on a short-term basis or impose registry requirements on owners of such properties. Similarly, Section 4 of the New York State Multiple Dwelling Law, colloquially referred to as the “Airbnb Law,” prohibits even the mere advertisement of certain classifications of property for short-term rental purposes (less than 30 days).
By Jeffrey Turkel
Ever since 2009, it has been an article of faith that a building’s receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.
Town Cannot Hold Back Building Permits as Financial Security
Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
Landowner Failed to Exhaust Administrative Remedies
No Duty to Maintain Bulkhead
Self-Conveyance Did Not Sever Joint Tenancy
Promissory Estoppel Not Available to Avoid Statute of Frauds
Presumption of Hostility Sustains Prescriptive Easement Claim
Loft Tenant Subject to Rent Stabilization
Video Surveillance a Substitute for Part-Time Lobby Attendants