Q&A: Airbnb Rental = Sublet?

Shanghai,China-March 14th 2024: Airbnb, Booking.com and Vrbo app icons. Assorted online rental company brands

Q. My co-op recently fined me $3k after they accused me of “subletting “ my apartment when, in fact, I was renting my spare bedroom on Airbnb—all along while I lived in the apartment. I was granted my registration number from the OSE in NYC. Can they impose a “sublet” fine even though I am in the apartment?

                           —Fined for Subletting 

A. Manhattan-based attorney Adam Leitman Bailey says the writer seems to be in violation of the cooperative’s sublease policy prohibiting shareholders from renting out their apartments. “If this person was only paying enough to share utilities and expenses then she may be protected by New York Law’s roommate law. However, in this case she is profiteering off of renting out her apartment and not protected by any Housing Law and in violation of the co-op’s rules. Living with the roommate does not protect her, and the listing with Airbnb only worsens her case.” 

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