Landlord Accused of Illegally Renting Rent-Stabilized Apartments as Hotel Rooms

The city filed a lawsuit against the owner of two Upper West Side brownstones, claiming he made $550,000 from the illegal short-term rentals.

Published on Feb. 7, 2026

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The city of New York has filed a lawsuit against Mark David Militana, the owner of two brownstone buildings on the Upper West Side, alleging that he illegally replaced long-term rent-stabilized tenants with short-term hotel guests, earning over $550,000 in the process. The lawsuit claims Militana created a website to directly market the units to travelers, often providing fake addresses that led guests to ask the remaining tenants for directions.

Why it matters

Rent-stabilized apartments are a critical part of New York City's affordable housing stock, and the lawsuit represents an early step in the new mayor's efforts to protect these units and make housing more accessible for long-term residents. The case highlights the ongoing tension between preserving affordable housing and the rise of short-term vacation rentals.

The details

According to the lawsuit, of the 18 units in Militana's two buildings, 7 remain listed as rent-stabilized, but he had been illegally renting them out as short-term hotel rooms through websites like Airbnb and his own site, Brownstonehospitalitysuites.com. The units were advertised for $280 per night, offering amenities that were never provided to the long-term rent-stabilized tenants, some of whom had lived in the buildings for decades.

  • In 2022, a change in city law forced short-term rental platforms to remove listings that were not registered with the city.
  • Since 2023, Militana has allegedly netted $550,000 from the illegal short-term rentals.

The players

Mark David Militana

The owner of two brownstone buildings on the Upper West Side that are the subject of the city's lawsuit.

Patty Brecht

A 71-year-old tenant who has lived in one of the rent-stabilized apartments in Militana's building since 1979 and has dealt with issues like lack of hot water and rodent infestations.

Christian Klossner

The executive director of the Mayor's Office of Special Enforcement, which led the investigation into Militana's activities.

Zohran Mamdani

The new mayor of New York City, who has made addressing the city's affordable housing crisis a key priority.

Noah Pransky

A spokesman for the Office of Special Enforcement.

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What they’re saying

“Rent-stabilized apartments are critical to our affordable housing stock. This person chose to maximize his profit to the detriment of New Yorkers.”

— Christian Klossner, Executive Director, Mayor's Office of Special Enforcement

“Most importantly, we want to get these units back into the rent-stabilized housing stock, and get tenants back into them.”

— Christian Klossner, Executive Director, Mayor's Office of Special Enforcement

“I had no idea who they were. I would say to them: 'Well, I'm a tenant here. I'm not a hotel guest.' It was absurd.”

— Patty Brecht (The New York Times)

What’s next

The city plans to ask a State Supreme Court judge in Manhattan to appoint a receiver, who would be in charge of repairing the buildings and returning the units to compliance with rent stabilization laws.

The takeaway

This case highlights the ongoing tension between preserving affordable housing and the rise of short-term vacation rentals in New York City, as well as the city's efforts under the new mayor to crack down on landlords who illegally convert rent-stabilized units for profit at the expense of long-term tenants.