510Pacificave

BACKGROUND

A. Lease Gina M. La Piana leased an apartment from 510pacificave (Pacific) for $3,385 per month. The pertinent portions of the lease agreement are Sections K and L, and Paragraph 5. Section K named La Piana as the “Named Renter.” Section L stated that the “Added per Occupant Rent” was “$200.” Paragraph 5 of the lease provided that “The Premises shall not be occupied by . . . any person other than the Named Renter set out in Section K without the advance written consent of the Owner and at the additional rent set out in Section L . . . . Renter’s right to possession sh[a]ll not be assigned or sublet.”

2 La Piana seldom occupied the apartment, instead renting it out on Airbnb, an online home rental platform, to 1,090 short- term guests over a period of four years, charging nightly sums exceeding $200. B. Complaint Pacific sued La Piana for breach of contract and sought injunctive relief, alleging that La Piana breached the lease agreement by delivering possession of the subject premises to unauthorized occupants, and pursuant to sections K and L of the lease owed Pacific “the sum of $200 for each and every one of the said occupants in a total sum exceeding…