Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
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
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
No Consequential Damages When State Takes Neighbor’s Land
Nonconforming Use Not Discontinued
Developer’s Rico, Estoppel, and Equal Protection Claims Dismissed
Denial of Area Variance Overturned
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable