NYC Short-Term Rental Violations
Your tenant ran an illegal Airbnb — and the city fined you for it
When a tenant lists your apartment for short stays, the Department of Buildings issues the violation to you, the owner — not the tenant, and not Airbnb. It arrives as a summons with an OATH hearing date and a penalty that often runs into the thousands. We help NYC property owners respond before the deadline and fight the fine.
First, the plain version
What this violation actually is
Before the legal steps, here is the situation in plain terms — what the city says happened, who it holds responsible, and where it gets decided.
What happened
Your unit was rented for short stays — under 30 days. In most NYC buildings that is an illegal transient use under the Multiple Dwelling Law.
Who the city fines
The owner. The summons names you — even though your tenant created the listing and the platform collected the money.
Where it is decided
At OATH, the city’s hearings tribunal. A hearing officer decides whether the violation stands and at what penalty.
In short: your tenant’s side hustle became your violation. The good news is it is contestable — and you do not have to stand in front of the hearing yourself.
See how a tenant’s Airbnb becomes your OATH problem
Ninety seconds, in one owner’s words — the 311 call, the inspector, the violation taped to the door, and the call that turned it into a plan.
How it usually goes
The clock is already running
This is what a short-term rental summons sets in motion. The sooner you act, the more options stay open.
- It arrives
A summons taped to your door — a violation code for transient use, a hearing date, and a penalty already attached.
- The clock starts
The hearing date and any correction window are fixed. They do not pause because your tenant is the one who listed it.
- It goes to OATH
An administrative judge decides whether the violation stands against you, the owner — not against the tenant or the platform.
- You get ahead of it
One call — we confirm the date, build the response, and appear so you do not face the hearing cold.
What working with us looks like
A clear path from summons to hearing
From the first consultation, you will understand the hearing, the deadlines, and the response that protects your property.
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4A common misconception
You do not have to take a day off and stand in line
OATH offers several ways to be heard. The right one depends on your case — not on which is most convenient to assume.
In person
At the OATH hearing location for the borough listed on your summons.
By telephone
A scheduled phone hearing — no travel, no waiting room.
Online
A video hearing you join from home or your office.
By written defense
Submit your evidence and statement in writing, without appearing at all.
Represented by counsel
An attorney appears for you and presents the defense — you do not have to take a day off.
A default is serious — but it is not always the end of the road.
When you miss an OATH hearing, the violation is sustained by default at the maximum penalty. You generally have 75 days from that default to file a Motion to Vacate and ask OATH to reopen the case. After that window, the remaining remedy is an Article 78 proceeding in Supreme Court — far more demanding and expensive.
If you have defaulted, the single most important factor is how much of that window is left. That makes it worth getting your situation reviewed now, not later.
What the summons is worth
The codes — and what they cost by the day
A short-term rental summons is not a parking ticket. These are the violations owners see most, and the penalties attached to them.
Illegal transient use
A permanent dwelling used or offered for stays under 30 days. The standard penalty is $5,000 — and up to $25,000 by default if the hearing is missed.
A penalty for every day
On top of the base penalty, the City can add $1,000 for each day the violation continues — so the number keeps climbing until the listing comes down and the cure is filed.
Unregistered short-term rental
A short-term rental never registered with the Office of Special Enforcement carries up to $5,000 per violation — or three times the rental revenue, whichever the City pursues.
Separately, advertising the short-term stay can draw its own fines under the State Multiple Dwelling Law — $1,000 for a first offense, then $5,000, then $7,500 for repeats.
These reflect the standard DOB/OATH penalty schedule; the amount that actually applies depends on the violation class and code, whether a cure or mitigation is available, and the hearing outcome. General information, not legal advice. The City’s own rules are on the Office of Special Enforcement’s Local Law 18 page.
Here is how we work it
From summons to decision, with a plan at every step
Knowing the four steps ahead of time is the difference between panic and a plan.
Confirm the date & format
We locate your hearing, confirm how it will be heard, and calendar every related deadline.
First
Decide the approach
Correct, contest, or both — we read the summons and the facts and recommend the route.
Early
Build the defense
We assemble what OATH credits: the listing dates, the lease that banned short-term rentals, and proof you acted to shut it down.
Before the hearing
Appear & resolve
We appear at OATH, present the case, and pursue dismissal, cure credit, or a penalty reduction.
Hearing day
Want the detail? Read our OATH/ECB violations practice area.
Why property owners call us
Experience, timing, and a defense built on the facts
Five boroughs, every week
OATH hearings are our day job. We appear for property owners across the city every week — backed by 20+ years of NYC violation defense.
Built around your deadline
The hearing date drives every decision. We work backward from it so nothing lands at the last minute.
Cure credit or contest
We pursue the cure credit, the procedural defense, or both — whichever the summons and the facts support.
Straight answers
Questions property owners ask us first
Your hearing has a date. Your response should have a plan.
A free 15-minute case review tells you exactly where you stand — the deadline, your options, and what to send us. Picking up the phone is the easiest part.
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general and not legal advice; contacting Nacmias Law Firm does not create an attorney-client relationship.