Upper West Side Hotelier Hit With 12 Airbnb Law Violations

UPPER WEST SIDE, NY — A man who operates a hotel on the Upper West Side was hit with 12 violations — each carrying a $1,000 fine — for violating an Airbnb law passed in October. The law prohibits renting space for less than 30 days if the host is not present during the time of the rental.

Hank Fried allegedly violating the Airbnb law for advertising vacancies at the Marrakesh Hotel, located on Broadway between West 102nd and West 103rd streets, on several online platforms such as the hotel's own website, Expedia, Kayak and Orbitz, a spokeswoman from the mayor's office told Patch.

Each of the 12 violations issued by the The Mayor's Office of Special Enforcement (MOSE) was for a distinct advertisement for vacant rooms in the building, according to a city spokeswoman. Fried was one of the first property owners hit with violations for the new Airbnb law.

"Last week marked the start of our enforcement efforts against bad actors under the new State law that bars advertising of illegal short-term rentals. We will continue to use this law, and other enforcement tools, to protect New Yorkers and visitors alike," city spokeswoman Melissa Grace told Patch.

But the violations don't seem to strike fear into Fried or his lawyer Ronald J. Rosenberg, who described the new law as "a joke." All previous violations tried against the Marrakesh Hotel — including violations tried in January — have been defeated, Rosenberg told Patch.

"We believe the law to be invalid," Rosenberg said.

Rosenberg told Patch that he believes the violations and fines for advertising the vacancies at the Marrakesh Hotel are a violation of Fried's first amendment rights.

The building in which the Marrakesh Hotel is located is a mix of 39 class A single room occupancy (SRO) units at 2686 Broadway, 42 class A SRO units at 2688 Broadway, and 9 class A apartments at 2690 Broadway, according to the spokeswoman.

One other property owner, real estate broker Tatiana Cames, was hit with five violations for renting out rooms in a $2.15 million Bed-Stuy brownstone.

Came and Fried each have appearance dates in front of the city's Environmental Control Board, and if their listings are still up and active on their appearance dates, MOSE has threatened to issue second offense violations, which are $5,000 a piece.

Photo by Google Maps street view