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Airbnb wins legal victory in New York City.

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Airbnb wins legal victory in New York City.

Just wanted to update everyone on Airbnb's legal victory in NYC.

Basically, the appeal board now agrees—that under New York law as long as a permanent occupant is present during a stay, the stay does not violate New York’s short term rental laws.

…airbnb.com/huge-victory-new-york-nigel-warr…

…cnn.com/2013/…index.html

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1. Re: Airbnb wins legal victory in New York City.

So hosted stays are now back as a viable option. Nice. I always thought that is a viable option for the budget traveller, it doesn't deprive anyone of a home and the tourist is "supervised" in the renters home.

New York City, New...
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2. Re: Airbnb wins legal victory in New York City.

This ruling makes sense, as sublet was/is really common in NYC.

There has been a lot of confusion everywhere including these forums. Now, it has been cleared.

This is a good option for budget travellers in NYC.

Astoria, New York
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3. Re: Airbnb wins legal victory in New York City.

This doesn't seem to address the fact that building rules/contracts are probably being violated.

Subletting requires permission of the landlord or building board, something that seems unlikely to me unless they have some benefit/

Edited: 28 September 2013, 15:38
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4. Re: Airbnb wins legal victory in New York City.

This is why a blanket statement as 'All apartment rentals in NY are illegal' is an irresponsible one to make.

I own a one family private townhouse. From dealing with many Architects, Contractors, Building Inspectors and Supervisors etc.; it is clear; the laws governing what can and cannot be done in a residential building are very complicated. There are many laws and situations that exempt a property from the over 30 day rental law. Laws or situations allowing nightly rentals.

Everything from grandfathered laws to bungalow laws etc. It is a case by case bases.

That being said; clarification is definitely needed on building laws where transient rentals is concerned. As seen with airbnb; many people that own legal establishments (bed and breakfasts, hosted rentals etc.) are being indirectly affected by the more than 30 day rule.

Many building inspectors have to check with supervisors to clarify building laws; many can be misinterpreted. Even then murky waters exist. One law being applied to all "non hotel" properties is the usual the case scenario.

If a person chooses to stay in an accommodation other than that of a hotel; they have major research to do. It is not impossible. They should be more worried about a scam of sending a deposit for a rental and the rental being non existent on arrival.

That being said; the availability of information on a property (many times) are unavailable through the usual resources (Department of Buildings).

Edited: 28 September 2013, 16:43
New York City, New...
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5. Re: Airbnb wins legal victory in New York City.

I think this ruling clears the overarching confusion about NYC rental laws.

The Appeals courts have ruled that that under New York law as long as a permanent occupant is present during a stay, the stay does not violate New York’s short term rental laws

Now to the second part... building rules:

I think that building rules is a separate issue and it need to be cleared out between the host and the guests. As many people own their apartments or homes, or each building may have different rules.

I have never done Airbnb but have subleted extra room in my apartment in the past and my landlord was fine with it. Pretty much everyone i know in NYC has sublet a room in his/her apartment in the past and are doing it even now. I have used craigslist before.

Of course, one must do research when renting a room anywhere, however this ruling definitely cleared the confusion that has been discussed at length on many forum here, regarding short term rental when the host is living in the apartment.

If done right, i think this could a great news for budget travellers and for NYC overall.

Edited: 28 September 2013, 16:53
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6. Re: Airbnb wins legal victory in New York City.

The issue in this forum has always been short term rentals where the owner is NOT present and these are still illegal

Brooklyn, NY
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7. Re: Airbnb wins legal victory in New York City.

I agree that the hosted stays make more sense from a legality standpoint, they fall under "roommate law" which is separate from subletting, and which is protected under tenant law.

However, this appeal ruling doesn't apply to the vast majority of advertised rentals, which remain illegal.

Vancouver, Canada
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8. Re: Airbnb wins legal victory in New York City.

And even in issues of "subletting" the resident/tenant still would have to comply with landlord's or condo/coop board regulations. The latter being rather onerous, I have my doubts this would "fly" in most cases.

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9. Re: Airbnb wins legal victory in New York City.

Its better hosted as not all tourists are careful with other folks property or their own for that matter. Its good for people to get income to keep themselves afloat in tight times others like company that leaves, but again needs to be agreed

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10. Re: Airbnb wins legal victory in New York City.

It really doesn't address many of the listings on that site-which are not hosted.....and are still illegal.