Tuesday, May 28, 2013

Court Declares "You Must Mingle With Your Guests"

Discussions are ongoing in New York City concerning the legality of Vacation Rentals, and the local court system is tying itself in knots trying to define what constitutes an "illegal hotel".  Local law says that boarders or roomers may rent for less than thirty days if they "live in the household of the permanent occupants."

In a ruling this month Judge Morrick tried to justify fines of several thousand dollars that were levied upon one host for operating an illegal hotel when he hosted a woman in his apartment.  The host was Nigel Warren, and he has been fighting court rulings since fines were levied on him last year for renting out a room through AirBnB while he was out of town, even though his regular roommate continued to occupy the premises.

The judge felt that Nigel's guest did not "live in the household of the permanent occupants", because she did not intend to have any relationship with the permanent occupants.  The judge says that occupants must "mingle" and intend to connect in meaningful ways in order for the lodging arrangement to be legal. The judge did not specify exactly how intimate the relationship must be in order to qualify under his ruling.

To our knowledge, no judge has ever ruled that an apartment was illegally occupied because occupants did not have "meaningful relationships".

Read the Judge's Ruling here.
Comments by Protect Vacation Rentals
Article by the Valley Wag

1 comment:

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