As many readers likely know, this week New York State Governor Andrew Cuomo signed a bill called S6340A/A8704C, which will levy heavy fines on individuals who advertise short-term rentals of residential multiple dwelling units in New York. This ends an effort that lasted several months to convince the Governor to veto this bill which was passed by both legislative bodies in Albany earlier this year.
Airbnb promptly filed a federal lawsuit as the New York Times reported. The Times piece states that:
In its lawsuit, filed Friday afternoon in Federal District Court in the Southern District of New York, the company contends that the law violates the company’s constitutional rights to free speech and due process, as well as the protection it is afforded under the Communications Decency Act, a federal law that says websites cannot be held accountable for content published by their users.
It is possible that this matter will be settled by the courts.
But it is my hope that, instead, calmer heads will prevail and New York State will pass sensible legislation that allows short term rentals when the tenant or owner is not present.
Airbnb has proposed a five point plan that attempts to address many of the issues that New Yorkers have with short term rentals.
This proposal is similar to legislation that has been adopted in large urban cities like Chicago.
There are many reasons why the current situation is not ideal for anyone. Most people living in apartment buildings don’t like the idea of an Airbnb in their building. It is also problematic when landlords to take apartments off the rental market and create illegal hotels. And landlords need a way to enforce the rules outlined in their leases.
On the other hand, many New Yorkers use income from short term rentals to allow them to afford an apartment in NYC when they have jobs that require them to travel extensively. There are also many New Yorkers who rent their homes during busy periods to make some extra income.
An outright ban on short term rentals is a bad thing for many New Yorkers.
I am certain there is middle ground to find a compromise that addresses the legitimate issues while allowing short term rentals to continue. And I am hopeful that will eventually happen.
Both sides are to blame for where we are right now. Airbnb allowed the NY short term rental market to emerge over the past seven years without sufficient concern over the negative impacts of unregulated short term rentals. It took way too long to engage in a real and substantive discussion with legislators and regulators and when it did, there was a lot of bad blood between both sides.
On the other hand, the hotel unions and the real estate industry have used their significant clout in Albany to push for a law that is overly restrictive and hurts many New Yorkers. And they got the legislature and the Governor to support it. It shines a bright light on the kind of back room dealing that voters are sick and tired of, in Albany and all around the US.
I would urge the Governor to provide some leadership here now that he has satisfied the legislature by signing their deeply flawed bill. There is a proposal on the table from Airbnb to regulate short term rentals sensibly. The Governor and the legislature should engage with that proposal. And the real estate industry should engage as well. Short term rentals can be a good thing for them too.
I am confident that we have not seen the end of Airbnb and short term rentals in NY State. If calmer heads prevail we can get short term rentals that make sense for NY State and NY City. And that is what we should do.
