Bill Morris in Legal/Financial on January 4, 2018
It’s a long way from Williamsburg, Brooklyn, to Coney Island – roughly 10 miles as the pigeon flies. So Igor Oberman, the property manager at Trump Village West on Coney Island, got suspicious when he saw some odd characters coming and going from one of the co-op’s 1,144 apartments.
“They looked like hipsters, with big beards and backpacks,” says Oberman. “A Greenpoint/Williamsburg type of look.”
Adds board president Felix Khusid, “We became aware that people were complaining about strange people going into the apartment. That’s how we know what’s going on. When people see something, they need to say something.”
A little digging revealed that the highly visible visitors had used an Airbnb listing to sublet the apartment owned by shareholder Gene Vilensky. The short-term sublets appeared to violate city and state laws, and they broke the co-op’s sublet policy, which requires, among other things, that subletters pass a board interview. “The purpose of those interviews,” say Khusid, “is to make sure you get someone who’s not a possible threat, whether it’s a buyer or a subletter. We don’t want subletters who are problem children. It’s a matter of honesty.”
The nine-member board ordered Vilensky to take down his Airbnb ad. Instead, he replaced his picture with a woman’s picture and left the posting up on the internet.
This was war. The co-op board, which tries to promote owner-occupancy of units, filed a lawsuit to terminate Vilensky’s proprietary lease. When Vilensky denied he had sublet the apartment, the board subpoenaed Airbnb’s records. Airbnb and Vilesnky fought the subpoena, but on Nov. 29, 2017, state Supreme Court Judge Carl Landicino ordered Airbnb to turn over its records. They show, chapter and verse, that Vilensky repeatedly sublet the apartment for terms less than the 30-day minimum allowed by law.
“[Vilensky’s] own comments with the people he subletted to are his undoing,” says Oberman. “People think what’s on the internet is private, but this is the smoking gun. Airbnb is not the bogeyman here. The bogeyman is someone who tries to use the anonymity of the internet to break the rules on subletting.”
Khusid was delighted by the court ruling. “It was a huge victory for us,” he says, “and hopefully it will help others boards fighting illegal sublets. We’re trying to evict [Vilensky] on the grounds that he came in lying through his teeth that this was going to be his private residence. This is not a hotel or a private house – it’s a cooperative with rules.”
Malvina Lin, the attorney who’s handling the case for the board, says, “The issue a lot of co-op and condo boards are facing is people misrepresenting their planned use for the unit. If applicants are going to lie, they need to understand that there will be repercussions. The board is pursuing more than an eviction. It’s called a rescission – an effort to undo the approval of the purchase.” If successful, the board will have the right to purchase Vilensky’s apartment.
Asked to comment on the case, Vilensky says, “I’m being accused of things I’ve never done.”
Engage, enrage, ask questions and give answers with your community of board members. Submit your questions and comments here!
Co-op and condo board business broken down into bite-sized bits - 2 stories each week. Read now on all digital devices.
A free digital resource for co-op/condo board directors. Published twice a month. Read now on all digital devices.