This past week, Airbnb has sued the City of New York, claiming that a recent law which requires home sharing companies to disclose information about its participating hosts each month is unconstitutional and exposes private information to government and public scrutiny. [1]
Earlier in July, New York City Council passed the Homesharing Surveillance Ordinance, which Mayor de Blasio later signed into law. The Homesharing Surveillance Ordinance requires that online, for fee, short-term rental platforms, like Airbnb, disclose a list every month of every host, location, type of rental (entire or partial unit), how many days it was rented, and how much money was collected by the host and paid to the booking platform.
Now, Airbnb’s lawsuit is asking the Court to declare that these provisions violate portions of the U.S. Constitution, the NY State constitution, the Federal Stored Communications Act, and specifically, the Fourth Amendment which protects citizens from unlawful searches and seizures.
Additionally, Airbnb’s suit argues that requiring Airbnb, and other host platforms, to disclose such information to the city’s Office of Special Enforcement, could be accessed across city agencies and become part of the public record thereby viewable by any citizen.
Here at SINGH & RANI, LLP, we will provide further updates as the case unfolds. We have handled cases regarding Airbnb issues for both tenants and landlords.
The information above is intended to provide limited information only and is not legal advice. The laws relating to Airbnb and short terms rentals in New York are complex. If you are a party to a matter concerning Airbnb, and otherwise need further guidance in this or a related area of law, SINGH& RANI, LLP can assist you.
[1]
https://cdn.vox-cdn.com/uploads/chorus_asset/file/12550647/08.24.18_Airbnb_v_City_of_NY_Complaint__1_.pdf
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