Mayor Bill de Blasio holds media availability for updates to the City’s coronavirus. Image Credit: Ed Reed/Mayoral Photography Office

Questions about transient use and multiple dwelling law linger after City and Airbnb’s settlement. On June 12, 2020, Mayor Bill de Blasio and Airbnb announced a settlement of their lawsuit regarding Local Law 146 of 2018. Local Law 146 of 2018 requires users of short-term rental platforms, like Airbnb, to file reports with the City detailing individual host and transaction information. In their initial filings, Airbnb and the other associated parties expressed concern about data storage, sharing and privacy, claiming the local law violated the First and Fourth Amendments of the United States Constitution, the Stored Communications Act and the New York State Constitution. Airbnb was awarded a preliminary injunction for their claims on January 3, 2019. This newly announced settlement between involves Airbnb dismissing the lawsuit against the City and agreeing to provide the City the specified host and transaction information, in the manner described by the settlement’s prospective local law. It is important to note that the settlement is premised on the actual adoption of the new law governing short-term rental reporting. The City Council Committee on Housing and Buildings held a public hearing on the proposed bill amendments on June 17, 2020. The Mayor’s Office of Special Enforcement testified but there were no questions or comments.

(read more…)

Broadway Hotel and Hostel in Manhattan. Image Credit: CityLand

Broadway Hotel sued New York City claiming the Airbnb law was unconstitutional. The City served a summons on the Broadway Hotel on the Upper West Side of Manhattan for illegal transient occupancy. The New York City Airbnb law prohibited a class A dwelling from renting out rooms on a temporary basis. The City alleged that the Hotel was a Class A dwelling and was therefore prohibited from renting out rooms on a temporary basis for any period less than 30 days. (read more…)

According to the Office of Special Enforcement, all of the units at 200 East 116th Street were converted into illegal short term rentals. Image Credit: Google Maps

The lawsuit claims that at least 130 apartments were converted into illegal short-term rentals. On January 14, 2019, the Mayor’s Office of Special Enforcement announced that it filed a lawsuit against several defendants for converting apartments in 35 residential buildings into illegal short-term rentals through websites like Airbnb. The defendants include Metropolitan Property Group (MPG), five current or former MPG employees and 18 associated corporate entities. The lawsuit was filed on January 14, 2019, in New York State Supreme Court. (read more…)

Apartments in New York City. Image credit: Esteban Chiner.

Can New Yorkers rent their homes during the summer while they are away? Homeowners and tenants rent their homes while they are away this summer, but the question is: Is this Legal?

(read more…)

Image credit: NYC Office of the Comptroller.

[The following guest commentary is a response to Airbnb’s commentary published here.]

New Yorkers are facing a growing affordability crisis, and over the years my office has examined many factors that have proven to contribute to the burden of rising prices – including, most recently, a report on the impact of Airbnb on New York City rental prices. (read more…)

Image credit: Airbnb

NYC Comptroller Scott Stringer recently released a report on Airbnb in New York City that is wrong on the facts, wrong on the methodology and wrong in its conclusions. (read more…)