Tuesday, May 9, 2017

Report: East Village resident pays fine for renting out city-subsidized home on Airbnb

An East Village resident was one of the first two New York residents to pay a fine under a law banning listings for short-term rentals, the Daily News reported.

The resident, listed as Jennifer Livingston, was reportedly renting "a city-subsidized affordable co-op on E. Sixth St. meant for low-income families." Her Airbnb listing said that the unit was going for $446 a night for the unit.

Per the News:

The city’s regulatory agreement with the building precludes it from being used for anything other than permanent housing, according to the city. But the two-bedroom, two-bath unit with a private deck was booked by guests often enough that it has more than 90 reviews on [the resident's] still-visible Airbnb host page.

The city found out about the listing after a neighbor complained in December, alleging loud music, parties and drug use.

Livingston paid a $1,000 fine.

The New York law went into effect last October but wasn't enforceable until February.

In New York, it is illegal to rent out an apartment for fewer than 30 days unless the host is present. The new law allows lawmakers to fine hosts for violations.

"The state law prohibiting illegal rental ads is helping us stop those who turn homes into hotels," Melissa Grace, a spokesperson for Mayor de Blasio, told the News.

According to a study released last fall, the zip codes 10009 and 10003 have a combined 418 full apartments listed on Airbnb — among the top-five most in the city.

Previously on EV Grieve:
East Village etiquette for AirBnBers: 'Don't piss off the locals'

23 comments:

Anonymous said...

So renting out a rent subsidized apartment is wrong because taxpayers are keeping those apartments affordable but renting out public parks and squares such as the newly taxpayer funded Astor place to corporate "events" is okay?

Anonymous said...

This pisses me off so much. She should be booted for not following the rules. $446 a night... how long was she doing this? The $1,000 fine is hardly a punishment.

Gojira said...

Sure, cos one makes the city money and the other doesn't. See how it works?

Anonymous said...

$446 a night, Jesus Christ.

Anonymous said...

She rented the place at least 90 times at $400 a night.... that $1000 fine must have really hurt /rolleyes.

Anonymous said...

I have a stabilized apt AND am a huge advocate for the program, but anyone who abuses it on either side (landlord or tenant) should be penalized. Period.

Anonymous said...

Anonymous 7:51 AM: just like the Trump OR Clinton argument, why can't both be bad or both be wrong? Why do people feel the need to justify one wrong thing with another? It's why Trump is POTUS: wrong is wrong regardless of who's doing it.

Anonymous said...

Here is that neighbor on WNYC:
http://www.wnyc.org/story/airbnb-hosts-rally-around-bill-while-city-ramps-enforcement/

Anonymous said...

This is exactly the reason the City needs to move forward with the new HDFC regulatory agreement. Even being conservative Livingston made 90k renting out her subsidized home.

Anonymous said...

Good. I'm sick of these random cornballs rolling up with their suitcases looking bewildered. Fuck outta here.

Anonymous said...

Not only over $400 a night... But this is btw Ave C & D (based on the address available online for this woman). Wow. I lived on E 6th btw A & B until recently and it used to drive me mad what people would do in the backyards behind the building. Some buildings even build decks to encourage often loud, late-night get togethers. I wonder how much sleep this woman's Airbnb clients caused the neighbors on their "private deck." No such thing as "private" in this area; someone is losing sleep because of it.

cmarrtyy said...

Fine!? Throw her out! Throw her out!! Throw her OUT!!!

Zack Lane said...

I am that neighbor who complained. Here's a "Comments" edited brief. The disruption problem from that apartment in the building across the courtyard had increased over time. It started when they built a back patio (without permits it turns out). It was bothering multiple residents in the rear units. 311 noise complaints worked sometimes. Yelling worked most times. 9th Pct cops gave us a phone number and told us to call directly when there was problem. Phone might've been in a closet because it did nothing but ring, no pick-up.

Our Board tried reaching out to that building's Board and met no response. That's when we discovered the building was HDFC, after looking up contact info online. HPD tried reaching out to that building's Board and got no response. HPD referred us to the Office of Special Enforcement.

Was glad to hear OSE did do something about it. Wish the financial penalty was higher and a genuine disincentive. My attitude about AirBnB has changed over time and see the issue in our community as both a quality of life and affordable housing problem. Exploitation of the HDFC status was especially galling. Anyone who's been on a Coop Board knows the pain of trying to convince people that the rules apply to them too. I'm glad OSE is taking action and encourage other people to make reports.

Anonymous said...

I got news for her. She'll be facing an audit for all that unreported income she made and she better have put aside x amount of it for taxes and that x amount better equal or better what she owes. It's easy to find out exactly how much this greedy bitch made by getting the info from AirBNB. They'd have exactly when she rented out the place, for how many days, and for how much money. She had to accept payments via PayPal or credit card so that info could be figured out, too.

She should be thrown out and AirBNB should be fined as well because they were complicit in the illegal rental. That $1000 fine is ridiculously low.

It is high time AirBNB vet all potential renters i.e. if you want to rent your place, it has to be cleared as a legal rental by AirBNB or even better you have to get written permission from your landlord first. If you don't get permish first, it's safe to say your rental is illegal thus you would not be allowed to rent the place on AirBNB.

Anonymous said...

I hope this woman's neighbors keep the pressure on. She should not be able to keep that apartment. It should go to someone who needs an affordable place to live and someone who won't break the rules to turn it into a moneymaking scheme while making life miserable for her neighbors.

Anonymous said...


Thank you Zack Lane @12.11 for such a clear background statement. AirBnB, like Uber, makes it appear as if their services are being offered by well-meaning people wanting to make a little money and out of a sense of wanting NY to be a more welcoming place. I am sure that one can find such individuals--people who rent out their apartments and have made extra money to --you supply the need--. The reality is probably what Zack Lane depicts here--a nightmare scenario built on greed and not simply providing a service.

Scuba Diva said...

At 12:11, Zack Lane said:

If you don't get permish first, it's safe to say your rental is illegal thus you would not be allowed to rent the place on AirBNB.

My landlord prints a note on every rent statement that any tenant found to be subletting through AirBnB will be evicted, thereby preventing tenants from whining: "But I didn't know!"

There was a woman a few floors down from me a few years ago who was doing AirBnB—before the landlord cracked down—and her place resembled a youth hostel; a lot of people complained, so she started boarding dogs instead for a friend of hers who's a backyard breeder. Some people will always find an angle, no matter what you do.

M said...

Anonymous May 9, 2017 at 1:56 PM:

AirBnB makes it very easy to files proper taxes and provides all necessary forms automatically. Not filing would be a big mistake for any person using AirBnB to rent their apartment.

sophocles said...

The next fine will be $5000. Then $7500. That will be enough incentive for her to stop. Suspicious minds wonder why the board of the building weren't interested in the problem...

Anonymous said...

@11:14 AM

That's a bit of a stretch (the Clinton vs Trump comment) however my point is the hypocrisy of the city to fine taxpayer subsidized tenants from making a profit while using taxpayer public spaces for private corporate rental use which is also not what parks and spaces like Astor Place are suppose to be. This is a case of do as I say not as I do.

Anonymous said...

@Gojira - so I guess what you mean is that capitalism is ok if it benefits you?

Anonymous said...

9:07

No, he/she's saying that taxpayer funded parks that are then used to generate revenue which goes to the city (and therefore take the place of taxes) is not the same as taxpayer funded apartments that generate revenue for individuals.

THE ORAL REPORTER said...

Let's not blame HDFCs for this - it was a building neighbor afterall that turned the a-hole in. HDFC's pay all their own bills and receive no help whatsoever from the government other than reduced taxes - and it's expenisve to maintain an old building. Air BNB is happening everywhere - even in Trump Towers.