Cecily Zamora
Airbnb has been the subject of controversy in recent years, with hosts and guests alike breaking rules and, in some cases, the law. From guests doing drugs and leaving blood stains, to hosts offering short-term rentals in New York City that may break the law, it's clear that Airbnb has a problem with rule-breaking. In this article, we will explore the legal and ethical implications of Airbnb's business model and ask whether the company is doing enough to prevent and address rule-breaking by its users.
| Characteristics | Values |
|---|---|
| Law broken | Requiring short-term rental operators to register their homes |
| Location | New York City |
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What You'll Learn
Short-term rentals in New York City
Airbnb has been accused of breaking a law in New York City by not registering their short-term rentals.
In 2021, a new law was passed in New York City that required hosts to register with the city. This was an attempt to prevent illegal short-term rentals. The law states that short-term rentals of fewer than 30 consecutive days are only allowed if the owner or tenant is present during the guest's stay.
Airbnb sued New York City in 2023 over these limits on short-term rentals, calling them a "de facto ban". However, a New York judge dismissed the lawsuit.
The number of short-term Airbnbs available in New York City has dropped by 70% after the city began enforcing the new law. Despite this, there are still thousands of listings that could be unregistered.
Housing advocates have criticised short-term listings, saying they squeeze the city's limited supply of permanent homes. Policymakers estimate that up to 10,000 listings are illegal under current laws.
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Smoking indoors
Airbnb has a no-smoking policy that applies to all of its listings. This policy strictly prohibits the use of cigarettes, cigars, e-cigarettes, and any other smoking devices in all indoor spaces, including common areas, bedrooms, and bathrooms. However, the platform leaves the decision to allow or prevent guests from smoking in the hands of the hosts.
Hosts are encouraged to set clear expectations and boundaries around their smoking policies to avoid potential conflicts with guests. By prohibiting smoking, hosts can prioritise the health and safety of their guests, reducing the risk of fire hazards and the harmful effects of second-hand smoke. Additionally, a smoke-free policy can appeal to a wider audience, as many travellers, especially families with children or individuals with respiratory conditions, actively seek smoke-free accommodations.
To prevent guests from smoking inside, hosts can designate an outdoor smoking area and charge a security deposit to discourage smoking indoors. This provides guests with an incentive to follow the rules and covers any potential damage caused by smoking.
Despite these measures, there have been instances where guests have broken the no-smoking rule, as reported by hosts on Airbnb community forums.
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Drug use
Airbnb has been associated with drug use, which is illegal in many countries. While the company has a strict no-drug policy, there have been reports of guests breaking this rule and causing issues for hosts.
One incident involved a guest who left blood stains on the sheets and mattress pad cover, indicating possible drug use. The host contacted Airbnb for compensation, but it is unclear if any action was taken beyond that. In another case, a guest broke multiple rules, including drug use, and the host chose not to say anything during their stay, which resulted in a bad review from the guest.
Hosts are encouraged to confront guests who break the rules and to report any issues to Airbnb. However, it can be challenging to address these situations, especially if the host is not present during the guest's stay.
To prevent drug use and other rule-breaking behaviour, hosts can set clear expectations and house rules. They can also request that Airbnb rebook unruly guests to show respect and maintain a positive culture. By taking proactive measures, hosts can help ensure the safety and well-being of themselves and their guests.
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Unregistered listings
Airbnb has faced criticism for unregistered listings, which can break local laws. In New York City, for example, a new law took effect requiring short-term rental operators to register their homes. Despite this, there are still thousands of listings that could be unregistered. This has resulted in a 70% drop in the number of short-term Airbnbs available in the city.
The issue of unregistered listings is not unique to New York City. In many other cities and countries, Airbnb hosts are required to register their properties with local authorities. This is to ensure compliance with health and safety regulations, tax laws, and zoning restrictions. Failure to register can result in fines, legal action, and even the removal of the listing from the Airbnb platform.
The process of registering an Airbnb listing can vary depending on the location. In some cases, hosts may need to obtain a license or permit from the local government. They may also be required to provide information about the property, such as floor plans, safety features, and proof of insurance. In some jurisdictions, there may be restrictions on the number of days a property can be rented out or the number of guests that can be accommodated.
To avoid breaking the law, Airbnb hosts should familiarise themselves with the local regulations and ensure that their listings are properly registered. This may involve submitting applications, paying fees, and providing documentation to the relevant authorities. By complying with the registration process, hosts can help ensure the safety and legality of their listings, as well as contribute to the local economy in a responsible manner.
While unregistered listings can have negative consequences for both hosts and guests, it is important to note that Airbnb has taken steps to address this issue. The company has implemented policies and tools to help hosts navigate the registration process and ensure compliance with local laws. Additionally, Airbnb has worked with governments and industry groups to develop clear and consistent regulations for short-term rentals.
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Additional guests
Airbnb has not broken any laws regarding additional guests, but hosts have reported issues with guests bringing extra people to their properties. This is a recurring problem with short-term rentals, as guests may try to avoid maximum occupancy limits or additional fees. Hosts are advised to keep a complete register of their guests, as they are liable for their actions, and to clearly state and enforce a fee for extra guests. They can also request that Airbnb rebooks an unruly guest, and prevent bad reviews by addressing rule-breaking early on.
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Frequently asked questions
Airbnb has been accused of breaking New York City's home-sharing restrictions. The company and its tenants are facing lawsuits from landlords who claim they are disregarding Local Law 18, which requires hosts to register with the city for short-term rentals of less than 30 days.
Italian prosecutors claim that Airbnb failed to comply with a 2017 law that required short-term rental platforms to collect 21% of landlords' rental income on behalf of tax authorities. The company is facing €576m in back taxes on past bookings.
Airbnb is facing a $30 million fine in Australia, although it is unclear what law the company has broken.
