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It seems like the because of the broker aspect the law might apply to them, however I'm not a lawyer. It's certainly I would think, a bad idea to say I'm not re

It seems like the because of the broker aspect the law might apply to them, however I'm not a lawyer. It's certainly I would think, a bad idea to say I'm not renting to this person because of their race. You're basically inviting a racial discrimination lawsuit. "The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members."

Spooky23 10y ago
Is it housing or a short term rental? Is it a room in your home or your home, or a second house? I agree with you that behaving like this is a generally bad idea -- and in the specific case of this poor woman it is reprehensible. But the broader context is important too. Why is AirBnb making itself the arbiter of what laws need to be followed and what do not? Why is discrimination a bright line that cannot be crossed, while fire code violations in multi-unit AirBnb quasi-hotels are not? We end up in these troubling scenarios where we allow companies and individuals to pick and choose what rules are ok.
- vorotato 10y ago
  As I understand it and I'm not a lawyer but I do work in housing finance, housing, rentals, and short term rental all fall under the fair housing act. This is purposefully broad and done so because of how discrimination is such an affront to human rights. That being said Airbnb is merely hoping to avoid any class action litigation, which will likely come as a result of tenants viewing the broker as not putting a good faith effort to preventing discrimination. The broker, after all, cannot intentionally facilitate illegal behavior to make a profit, that would just create puppet mafias. They probably have figured they are less likely to be found guilty of facilitating the illegal behavior of fire code violations because fires are just a lot less likely and a lot less externally obvious to the broker. TLDR: The laws are laws whether Airbnb says they care about them or not, but should Airbnb put forth a good faith effort to prevent flagrant lawbreaking on their website they'll likely avoid being seen as legally culpable.

Spooky23 10y ago

Is it housing or a short term rental? Is it a room in your home or your home, or a second house? I agree with you that behaving like this is a generally bad idea -- and in the specific case of this poor woman it is reprehensible. But the broader context is important too. Why is AirBnb making itself the arbiter of what laws need to be followed and what do not? Why is discrimination a bright line that cannot be crossed, while fire code violations in multi-unit AirBnb quasi-hotels are not? We end up in these troubling scenarios where we allow companies and individuals to pick and choose what rules are ok.

vorotato 10y ago
As I understand it and I'm not a lawyer but I do work in housing finance, housing, rentals, and short term rental all fall under the fair housing act. This is purposefully broad and done so because of how discrimination is such an affront to human rights. That being said Airbnb is merely hoping to avoid any class action litigation, which will likely come as a result of tenants viewing the broker as not putting a good faith effort to preventing discrimination. The broker, after all, cannot intentionally facilitate illegal behavior to make a profit, that would just create puppet mafias. They probably have figured they are less likely to be found guilty of facilitating the illegal behavior of fire code violations because fires are just a lot less likely and a lot less externally obvious to the broker. TLDR: The laws are laws whether Airbnb says they care about them or not, but should Airbnb put forth a good faith effort to prevent flagrant lawbreaking on their website they'll likely avoid being seen as legally culpable.