Page 11 - NY Cooperator December 2019
P. 11

COOPERATOR.COM 
THE COOPERATOR — 
DECEMBER 2019     
11 
250 Park Avenue South 
New York, New York 10003  
212-557-3600 
www.TudorRealty.com 
To learn more about our property  
management services, please contact  
Andrew S. Lazarus, Senior Vice President  
212-813-3054 or ALazarus@TudorRealty.com 
Since 1990, Tudor Realty Services Corp. has been providing hands- 
on, proactive property management services to cooperative and  
condominium buildings throughout New York City. 
Life was simpler in 1990. New rules and regulations as well as  
changing echnology have certainly made managing your building  
 t 
more challenging.  
Let us tell you how our extensive experience, team approach, strong  
financial reporting, and advanced use of technology will help you  
meet the challenge. 
37966_Cooperator_5x6.25.indd   1 
12/8/17   11:24 AM 
in your unit without your presence.   
Also, with random people who aren’t  
privy or beholden to the house rules of a  ance ramifi cations for the co-op or condo  
building or association roaming around  association  as  well.  According  to  Ross,  
the property, “Th  e potential for downside  “[W]e have run into situations where a  
is considerable,” says Roberts. Airbnb-type  carrier has not renewed a co-op/condo’s  
‘guests’ not only bypass the normal vetting  policy, or has declined to give them a quote  
procedures to which all other residents  because the building has open violations or  
submit; they are also less informed (if not  suits against it due to allegations that the  
totally ignorant) about emergency proce- 
dures, important contacts, neighborhood  et cetera.”  
or building idiosyncracies, or even where to  
put their garbage. Th  is poses any number  must then turn to non-state-admitted in- 
of risks, not only to the short-term renters  surance carriers, who may off er quotes with  
themselves, but also to the legal residents,  specifi c exclusions or very high deductibles  
their proper guests, staff , and visitors, as  so that any fi nes or claims associated with  
well as the building’s own staff  and contrac- 
tors.  
Additionally, consider the disparities  insurance costs are paid through common  
in behavior and ‘street smarts’ between a  charges, that burden falls on all the other  
vacation  traveler  and  a  full-time  resident:  shareholders or unit owners—whether they  
travelers tend to come and go at irregular  were involved in the activity or not.  
hours, carry cash and valuables, have fewer  
local connections, drink or party through- 
out the day, and don’t have the lay of the  tential income from short-term renting  
land—all making them more likely targets  may outweigh all these risks—particularly  
(or even perpetrators) of criminal activity.   
Although  the  probability  of  something  jeopardy if they are not even staying in the  
really awful happening to, or as a result of  unit or building with their ‘guests.’ Th  e fi nes  
short-term renters is relatively low, Roberts  imposed  by  co-ops,  condos,  and  munici- 
warns that “when it goes bad, the potential  palities usually do not come close to what  
is for it to go very bad.” And when it does,  someone can earn in the share-osphere.  
lack of industry regulation, added to home- 
share platforms’ vulnerability to abuse and  fi ning structures that escalate or accrue  
fraud (and worse, in some cases) makes it  based on the number and duration of viola- 
diffi  cult for the aggrieved to fi nd recourse  tions.  
or solutions. Homeowners’ and renters’ in- 
surance providers typically deny any cover- 
age for commercial activity in the home— 
including short-term renting—and sites  short-term listing or platform. Miami has  
like Airbnb have opaque policies that can  strict licensing parameters, and has steeply  
make fi ling claims or determining liability  escalating fi nes of $100 for the fi rst viola- 
more diffi  cult, even if they off er supple- 
mentary coverage. So when things do go  
bad (or very bad), liability falls squarely on  
the owner.  
Th  at’s not to say that there aren’t insur- 
building [is renting] units out on Airbnb,  
In some cases, these co-ops and condos  
the activity are not covered. And who pays  
then?  Since  the  building  or  association’s  
Fine, Fine Me 
Of course, to the average ‘host,’ the po- 
when their own safety is not so much in  
Th  at is why cities and towns are installing  
Chicago, for example, can impose fi nes  
of $1,000 to $3,000 per day, and requires  
specifi c licensing and registration for any  
tion, $1,000 for the second, and $2,500  
Are you violating short-term rental restrictions and in jeopardy of receiving a   ne  
or legal action from your landlord? Read the following restrictions, outlined in the NYS  
Multiple Dwelling Law, the NYC Administrative Code, and the New York City Zoning  
Resolution to   nd out. 
• You cannot rent out an entire apartment or home to visitors for less than 30 days, even if  
you own or live in the building. 
• You must be present during your guests’ stay if it is for less than 30 days. 
• You may have up to two paying guests staying in your household for fewer than 30 days,  
only if every guest has free and unobstructed access to every room, and each exit within the  
apartment. 
• Internal doors cannot have key locks that allow guests to leave and lock their room  
behind them. All occupants need to maintain a common household, which means, among  
other things, that every member of the family and all guests have access to all parts of the  
dwelling unit. Internal doors with such key locks create barriers to escaping in an emergency,  
and may result in the issuance of a temporary vacate order. 
• Under the NYC Administrative Code, property owners are responsible for ensuring their  
properties are maintained in a safe and code-compliant manner at all times. Property owners  
can and will be issued the violation for any illegal short-term rentals at their property—even  
if it is conducted by tenants. 
• New York State law also prohibits the advertising of an apartment in a Class A multiple  
dwelling, generally a building with three or more permanent residential units, for rent for any  
period less than 30 days. Fines for doing so range from $1,000 to $7,500, and will be issued to  
the person who is responsible for the advertisement. 
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