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Short-term leasing & mandatory guest registration

Started by Kafka
over 12 years ago
Posts: 46
Member since: Feb 2010
Discussion about
What are some approaches that condos are taking to go after illegal short-term rentals (airbnb, etc.)? or at the very least, to regulate short-term rentals? By-Laws provide for leases with a minimum of 30 days, although the management company has been enforcing a 6 month minimum and the Board acts as if the minimum is one year when approving Waivers of RoFR. On a side note, is a Condo in NYC... [more]
Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Why would a building not want to know who is in it?

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Response by Kafka
over 12 years ago
Posts: 46
Member since: Feb 2010

The great majority of people are not registered when visiting, they are just let in by the front desk.

Now, are they going to ask the person "are you spending the night?" to decide whether to register them?

are they going to stop an owner walking in with someone who they refuse to register?
Is the building entitled to Access Control to the owner's apt. when said owner comes home with someone?

The way I put it is, is it a presumably expensive apt. or am I suddenly back at a college dorm being tightly controlled to prevent people from bringing overnight guests?

All in the name of going after airBnB, no less.

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Is the building entitled to access control for the building - yes, if the condo board wants it, for sure. They can accomplish that several ways, by requiring guests to be called up, guests entering with an owner, and then otherwise rules when the owner is absent.

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Response by Kafka
over 12 years ago
Posts: 46
Member since: Feb 2010

There is no disputing of there being access control when a guest arrives by themselves, for example to pick up keys and enter to stay.

I'm talking about the situation where the tenant or owner arrives with the guest, etc. Or the guest gets called up by the tenant.

I think that it is easy for an employee to confuse all of the above circumstances, specially when the Board plainly speaks about overnight guest registration.

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Such problems.

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Response by pier45
over 12 years ago
Posts: 379
Member since: May 2009

I lived in a rental building with a guest log and must say it was really annoying. It appeared to be a tool to harass the rent controlled ones, but they used it with everyone.

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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011

I don't understand what keeping a log would accomplish. And the notion of needing to register overnight guests is offensive and a gross invasion on someone's privacy rights.

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Response by uptowngal
over 12 years ago
Posts: 631
Member since: Sep 2006

And i though coops were invasive....

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

By the way, what neighborhood is this in?

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

way to beat it to death.

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

>way to beat it to death.

You and that horse again?

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Response by bobnay
over 12 years ago
Posts: 74
Member since: Oct 2011

If you don't like the rules, don't live there....
This is a free country after all.

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

"I don't understand what keeping a log would accomplish."

TOP already said. Rooting out people illegally hoteling. I live in a rental building, and even here it would be awkward to have new random strangers in the unit every week. I'm sure a condo or coop would care even more.

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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011

How does that root out anything? I often let people stay at my place if I am gone away. My friends need someone to babysit their cat. What do you do with a list of names? If people are doing AIrbnb, would the rational thing not be to go on Airbnb and take screen shots?

BTW - didn't NYC make short-term rentals like this illegal a year ago or something?

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Yes under 30 day rentals are illegal. But NYC is a lot like Toronto or Ottawa, people occasionally do illegal things here.

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Response by alanhart
over 12 years ago
Posts: 12397
Member since: Feb 2007

The first time I ever experienced guest sign-in at a building's concierge desk was in Battery Park City, in one of the first buildings shortly after it opened. It was populated largely by Californians who were terrified of New York, had a cloister mentality, and loved to say that their neighborhood is "like not living in New York City". Telling.

I felt like a janitor signing in.

I would never live in a building that did that to its residents' guests. Baby with the bathwater. To the extent short-term rentals are a problem, deal with the specific apartment that's causing the problem.

Whether a catch-all approach is done out of laziness, or for the sense of total control by control freaks, or because of a continued cloister mentality (in a hyper-low-crime environment, usually) I don't know. But it's undignified in the extreme.

And FYI, I've never sublet my apartment out, long-term, middle-term or short-term.

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

"How does that root out anything? "

Do you not know anyone who makes money off of air b n b? Guess not. My friend in LA who does has 2-3 new "roomates" every month. This is the sort of thing a building would notice if every new AirBNB guest had to sign in.

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Response by pier45
over 12 years ago
Posts: 379
Member since: May 2009

Even if the building didn't notice it immediately, it is evidence that can be used at the eventual case.

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Response by pier45
over 12 years ago
Posts: 379
Member since: May 2009

Even more interesting is if the guest log has a check box for "paid short term guest" next to entries. Air BNB users are generally not trying to be slick. They paid for their room. They will honestly check it off.

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Response by Ottawanyc
over 12 years ago
Posts: 842
Member since: Aug 2011

A stupid list proves nothing in itself and as Alan says is a lazy catchall, that actually catches nothing. Buildings that go after people have used PIs and more obviously the advertised units.

What about the scenario where people do the house swap thing?

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Or wife swap.

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

what would you put up?

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

Hi C0C0! How was your day with the c0ws?

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Response by ousider
over 12 years ago
Posts: 20
Member since: Apr 2011

If there is ever a book "StreetEasy Dialogues", you guys will be the main characters. And Alan of course.

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Response by jason10006
over 12 years ago
Posts: 5257
Member since: Jan 2009

"A stupid list proves nothing in itself and as Alan says is a lazy catchall, that actually catches nothing. Buildings that go after people have used PIs and more obviously the advertised units."

The fact that the building is listed on AirBNB is kind of all the proof you need. A quick scan of the site just now shows 9600 listings in MANHATTAN. Manhattan. Not NYC. Now how difficult would it be to find your neighbor on the site listing their unit? Not very. It shows you the listings ON A MAP and shows pictures. You can easily bust a neighbor.

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Response by huntersburg
over 12 years ago
Posts: 11329
Member since: Nov 2010

alan is getting some strong support on this issue.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013
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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013
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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

That story's gone. Apparently removing it was part of the settlement when Sophie sued the Post for publishing her copyrighted(!) LinkedIn photo. But Sophie's old news, at least until something happens with her malpractice suit against her lawyer.

The Cipriani guy does demonstrate the point, though. Convicted on federal charges he conspired to export stolen cars to Nigeria, lots of RE lawsuits from the previous bubble, and his AirBnB loss. He did win against NYC on a false-arrest charge, getting a big $15,000 in the settlement.

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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

This is the AirBnB-orgy apartment the Post calls "luxe": http://streeteasy.com/rental/1498900

The comedian has four separate going on at once. One as defendant for defamation and who knows what else, and three as plaintiff. #1 the medical-malpractice case, #2 against whoever edited the Wikipedia page about him, #3 against the condo board, the doorman, and the condo owners. Any press is good press....

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

His AirBnB apartment was rent stabilized. Yet another instance of a government program being taken advantage of by people for whom it is not intended.

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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

And you have to admire the height of his stress threshold. Four cases, five sets of lawyers, since one set bailed on him.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

FYI last post referenced the Cipriani guy. How many cases does he have?

Either way, a lot of lawyers.
Wish some of these lawyers would work to improve our criminal justice system and/or represent the indigent in everyday civil matters rather than being involved in long-shot or frivolous civil cases.

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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

I lost count of the Cipriani guy's cases. Lots, NYS and federal.

NYS does have a 50-hour pro-bono requirement for admittance to the bar. Then your biannual fees go to indigent legal services.

A lot of lawyers do pro-bono work, but there's no requirement. A big firm's website will list what they're involved in.

If you're a lawyer at a storefront in Ridgewood, reduced to representing notoriety-seeking comedians, pro-bono might not be high on your due-to-society list.

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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

The Cipriani guy's apartment being RS is a great example of the magic of 421-a.

The rental unit there at 450 W 42nd gets a 20-year tax abatement. This year Related is paying $273,000 rather than $5,500,000. In return, the apartments have to be rent-stabilized. What's great for Related is, the base rents
started so high, so they get the benefit of no taxes while not taking a hit on income. The tenants do get the benefit of guaranteed lease renewals, so it's not entirely one-sided.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

CIpriani guy, Peter Cooper Village lady, all unfairly benefitting at cost to other taxpayers.

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Response by JJ2
over 10 years ago
Posts: 114
Member since: May 2014

These are cases where someone takes advantage of the middle class , due to shortsighted policies

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Response by NWT
over 10 years ago
Posts: 6643
Member since: Sep 2008

Then there're lots of small-time developers out in Brooklyn who built would-be condos during the last boom, got 421a, got caught in the bust and rented them out instead, but neglected to tell tenants they were RS: http://nyti.ms/1PxsHw7

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