5 ms·

Few things that should be pointed out here: 1) First off, most uses in the city have always been against the rules -- it's been a known issue. 2) from TFA:

by nlh 13y ago

Few things that should be pointed out here: 1) First off, most uses in the city have always been against the rules -- it's been a known issue. 2) from TFA: "this law is only actionable as a secondary offense. For example, if the police show up after a noise complaint and then find you renting out your place, only then are you in extra trouble." So it's not going to stop most hosts in their tracks. 3) AFAIK, there is still a small subset of AirBNB rentals that are within the rules -- if you have a 2+ bedroom unit and live there as your primary residence, you are allowed to rent out your second+ bedrooms. Happy (and eager) to be corrected on any of the above if I have the wrong understanding.

danso 13y ago
More specifically, it's been illegal since 2011: http://skift.com/2013/01/07/airbnbs-growing-pains-mirrored-in-new-york-city-where-half-its-listings-are-illegal-rentals/ http://skift.com/2013/01/07/airbnbs-growing-pains-mirrored-i...
tptacek 13y ago
Also worth mentioning that it's probably never been safe for renters to let out their places on Airbnb, as boilerplate leases universally restrict subtenants to those approved by the landlord.
- nsxwolf 13y ago
  I looked into adding Airbnb-friendly language to my lease for my rental property, but I am not a lawyer and any lawyer I could hire to work on the language would probably be breaking new ground. I had a friendly chat last year with someone at Airbnb about them possibly taking the reigns on this, but I don't think anything ever came of it. It might go a long way towards getting friendlier relations between landlords and Airbnb.
  - tomkarlo 13y ago
    Why would a landlord (at least in a low-vacancy area like NY or SF) ever accept such an amendment to the lease?
    - w1ntermute 13y ago
      They could do it in exchange for charging an even higher rent?
      - nsxwolf 13y ago
        Or maybe a share of the payment, and a more direct relationship with the security deposit. I was really trying to think of ways it affects me as a landlord and property owner. I really don't care what people do in the property as long as it's legal and causes no damage, but I want to be protected and considered as well. Right now we are just completely cut out of the entire process, and there's little incentive for us to NOT take a hostile stance.
        w1ntermute 13y ago
        How exactly are you "cut out of the entire process"? It's your job to create a leasing agreement that maximizes your ROI. If you want to make money off Airbnb, then add a clause in your leases saying you get a cut of the profits.
        nsxwolf 13y ago
        Responding to w1ntermute below: You're right, and that's what I had toyed with looking into. The problem is I use a boilerplate lease like most landlords - because it's been tested for years in "production" if you will. You take a great risk in making even small modifications to existing language without a lawyer review. Writing all new language is even riskier and considerably more expensive. Since I don't want to spend this money, my default position is I will simply reserve the right to crack down on any Airbnb activities I become aware of. Airbnb could use their own lawyers to help out with this conundrum and gift the resulting work product to landlords.
aet 13y ago
Is it secondary if I call and report that you are illegally renting out your dwelling?
angryasian 13y ago
Wouldn't it be smart of airbnb to not allow people in cities known that their services are illegal not to allow people to post those apartments ?
- tg3 13y ago
  No because 1) There are probably still some people in those cities that can legitimately rent and 2) that would lower revenues. As it stands they can turn a blind eye and put the liability on the homeowner/renter.
deleted 13y ago
[deleted]
DanBlake 13y ago
#3 is incorrect. Short term stays (below 30 days) where you charge rent is taxed, controlled and legalized by the city you live in regardless if you have a extra room or if you live with the guest or not.

by nlh 13y ago

danso 13y ago

More specifically, it's been illegal since 2011: http://skift.com/2013/01/07/airbnbs-growing-pains-mirrored-in-new-york-city-where-half-its-listings-are-illegal-rentals/ http://skift.com/2013/01/07/airbnbs-growing-pains-mirrored-i...

tptacek 13y ago

Also worth mentioning that it's probably never been safe for renters to let out their places on Airbnb, as boilerplate leases universally restrict subtenants to those approved by the landlord.

nsxwolf 13y ago
I looked into adding Airbnb-friendly language to my lease for my rental property, but I am not a lawyer and any lawyer I could hire to work on the language would probably be breaking new ground. I had a friendly chat last year with someone at Airbnb about them possibly taking the reigns on this, but I don't think anything ever came of it. It might go a long way towards getting friendlier relations between landlords and Airbnb.
- tomkarlo 13y ago
  Why would a landlord (at least in a low-vacancy area like NY or SF) ever accept such an amendment to the lease?
  - w1ntermute 13y ago
    They could do it in exchange for charging an even higher rent?
    - nsxwolf 13y ago
      Or maybe a share of the payment, and a more direct relationship with the security deposit. I was really trying to think of ways it affects me as a landlord and property owner. I really don't care what people do in the property as long as it's legal and causes no damage, but I want to be protected and considered as well. Right now we are just completely cut out of the entire process, and there's little incentive for us to NOT take a hostile stance.
      - w1ntermute 13y ago
        How exactly are you "cut out of the entire process"? It's your job to create a leasing agreement that maximizes your ROI. If you want to make money off Airbnb, then add a clause in your leases saying you get a cut of the profits.
      - nsxwolf 13y ago
        Responding to w1ntermute below: You're right, and that's what I had toyed with looking into. The problem is I use a boilerplate lease like most landlords - because it's been tested for years in "production" if you will. You take a great risk in making even small modifications to existing language without a lawyer review. Writing all new language is even riskier and considerably more expensive. Since I don't want to spend this money, my default position is I will simply reserve the right to crack down on any Airbnb activities I become aware of. Airbnb could use their own lawyers to help out with this conundrum and gift the resulting work product to landlords.

aet 13y ago

Is it secondary if I call and report that you are illegally renting out your dwelling?

angryasian 13y ago

Wouldn't it be smart of airbnb to not allow people in cities known that their services are illegal not to allow people to post those apartments ?

tg3 13y ago
No because 1) There are probably still some people in those cities that can legitimately rent and 2) that would lower revenues. As it stands they can turn a blind eye and put the liability on the homeowner/renter.

deleted 13y ago

[deleted]

DanBlake 13y ago

#3 is incorrect. Short term stays (below 30 days) where you charge rent is taxed, controlled and legalized by the city you live in regardless if you have a extra room or if you live with the guest or not.