Posted on Jan 4, 2019 at 10:53 amUpdated Jan 4, 2019, 11:46 am
Stage victory for Airbnb. Engaged in a legal standoff with New York City, the housing rental platform has obtained from the Manhattan federal judge the temporary suspension of an order requiring it to communicate data on its hosts to the town hall.
“Today’s decision is a major victory for Airbnb and its users, including the thousands of New Yorkers who use it to make ends meet and were threatened with illegal surveillance,” the firm commented.
Since August and the signing of the order by New York Mayor Bill de Blasio, Airbnb has been under threat of tightening regulations governing short-term accommodation. Supposed to come into force at the beginning of February, the text provides for the communication by the platform to the town hall of the list of all transactions for housing within the city (any breach or any incorrect information being punishable by at least $ 1,500. fine per month and per accommodation).
Unconstitutional
The decree, long demanded by some elected officials, was to make it possible to apply more effectively the ban on renting accommodation for less than thirty days (unless the host is present). Faced with a housing crisis, the municipality accuses Airbnb of moving apartments out of the ordinary rental stock with hosts renting exclusively to tourists.
Only, the text violates the fourth amendment of the Constitution, estimated the Manhattan judge, seized at the end of August by the firm. If he only temporarily suspended the order pending a decision on the merits, Paul Engelmayer accepted the arguments of Airbnb lawyers: transferring to the town hall private data provided by users while the platform s ‘is committed not to disseminate them is unconstitutional.
Limited rentals in France
“The court today recognized the fundamental importance of the constitutional rights of New Yorkers and the sanctity of their homes,” said the Californian society.
Bill de Blasio was confident about the outcome of the trial. “This law aims to prevent owners from creating de facto hotels, which is unfair and illegal,” he said during a press conference. This law responds to a real problem. “
New York, but also San Francisco, Barcelona or Paris: many municipalities are trying to regulate short-term accommodation, a sector that Airbnb has revolutionized. Since January 1, rentals have been limited to 120 days per year in 18 cities in France.
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