New York State Anti Home Sharing Law

[Christine9]

I am a very successful Host here is Upstate NY.  I do have friends that are Host's is Florida.  I see there is a state tax on bookings in Florida.  There are no state taxes added to us here in NY...Upstate anyway.  

That said... with the NYS Anti Home Sharing Law coming very close to being passed here in Albany I'd like to just put this out there because I am pretty pissed !

1.  Assembly Woman  Linda Rosenthal stated " Time and time again, Airbnb has proved that it is unwilling to work with us to bring it's operations to COMPLIANCE "...  Why Airbnb are you now coming to your Host's and asking them to beg the Legislature to not pass this bill.   NYS wants $$$$$     GIVE IT TO THEM !!!!

2.  Airbnb has everything tied up in their operations ...to a "T"...I find the company is very organized and well run. But, being a hard working Super Host, I do not need this type of stress.

If this passes and I loose my business, you can be sure I will sue Airbnb !

Christine

[Clare0]

@Christine9 Don't know how you could successfully sue Airbnb since you've already agreed to binding arbitration in the Terms of Service, but you can help your cause here: 

http://action.peers.org/page/s/legalize-sharing-ny

[Tim57]

It gets worse.  I have a Private House in Long Beach, NY  They are sending out "partols" from the Building Department and using the Homeaway and Airbnb  listings to go door to door to find and interrogate guests.  They tell them it is illegal to rent for less than 30 days and then send me a summons to appear in court.  

This is all about the Hotel and Real Estate lobbys paying off pols in Albany o crush innovation and for middle class people to leverage the internet to monetize there spare residental capacity.

New York State residence pay the highest property taxes, income taxes and business taxes in the nation to say nothing of fees on everyhting.

Unfortunately, it is not enough. 

Special Interest have the pols in Albany on there payroll.  The most recent and past speaker of Senate are both convicted felons.  The speaker of the house is also in jail.  All for Corruption.

There should be no surprise that they are outlawing innovation that benefits the common man, they stop caring about us a long time ago.

Note, Florida, Arizonia and Texas (and most Western States) are very open to home sharing. They have lower taxes and much smaller governments.  They also have huge influx of new residents.  Upstate (were I was born and raised) has been hallowed out and it is again, not surprise.

Tax people to death, allow coruption to run rampant, tread on people...they leave.

[Delphine-And-Michael0]

They are harrassing a private house owner of a 1 or 2 family house?

You should be able to shut that down with the department that is harrassing you.

I have a 2 family house in Manhattan where inspectors starting showing up after

the third time it happened I called the task force and had it stopped.  I explained

to them once you have verified that the building is not a multi-family then further

attempts would be harrassment and violating my right of peaceable enjoyment

of my property.  They said it was a mistake and it would not happen again and so

far it hasn't.

[Vlad2]

What task force did you call?

[Andrew90]

@Christine9   As they other person said I doubt you will have much luck suing but I think you will be ok.  And it was not AirBNB vs NYC.  

To clarify, the new LAW does not make it illegal to do short term rentals (that has been Illegal since 2011)  It seems to  only making it illegal to advertise illegal listings.  The way I read it the Law applied to Multiple Dwellings - There is a difference between private and multiple dwellings. As the law states a multiple dwelling consists of three or more independent units. A private dwelling is a one or two family home. I believe it is legal to rent a private dwelling on a short term basis. Therefore it is only illegal to rent a multiple dwelling on a short term basis and this does not apply to a private dwelling.

With this I think you are ok in Upstate NY if you dont' hve three or more independt units. 

All of this said, its not clear how AirBNB will handle this new LAW, if they BAN all "Entire Home" then you may want to explore other advertising options. 

Here are some articles that I found that described it a bit better than most of the quick blurbs I saw reported.

https://skift.com/2016/06/17/airbnb-loses-political-battle-in-new-york-as-legislature-passes-adverti...

http://ny.curbed.com/2013/3/25/10260752/an-introduction-to-new-yorks-short-term-rental-laws

From the 2011 Law

What the Law Says
Contrary to what many may think, New York laws about short term rentals are pretty clear, thanks to a law went into affect in 2011. "Under the New York State multiple dwelling law, a residential multiple dwelling can only be used for what is termed 'permanent resident purposes,'" explains attorney Robert Braverman. "What that means under the statute is that it has to be occupied by the same person or family for 30 or more consecutive days." So anything less than 30 days, no matter how you swing it, is violating the law, unless of course, the place is zoned to be a hotel or hostel.

[Anne186]

I seem to be reading the law to effect/target units in multiple unit buildings.  Can anyone clarify if renting a single family home for less then 30 days be part of the target? We only have the one listing. Thanks!

[Andrew90]

@Anne186 Check out this great post by  - https://community.airbnb.com/t5/Hosts/What-s-currently-legal-in-NY-and-what-s-coming-up/m-p/117792#M...

And give her a thumbs up and help her get to Level 10

And you may want check out her blog - http://www.evelynbadia.com/blog/simple-guide-current-ny-laws-airbnb another great resources.

[Fenton0]

Hello all , @Christine0

Please let's come together to fight back . I'm sick of being targeted ! I have had a protest in front of my house with the Ny senator back in December and now once again I'm being harassed and My guests from Wisconsin was grilled by 8 detectives fire inspectors and the building department .

I found 5 violations on my door on my 2 family house that I live on the premises ! I also thought I was ok even with the new law but here I am with several violations including not renting for 30 days or longer and not having a sprinkler system !

This is ridiculous !

[Pilar142]

Hi Fenton,

I am experiencing a similar situation as yours atm, any updates on your sitution? Id love to hear from you!

[Pilar142]

@Fenton0 I am experiencing a similar situation as yours atm, any updates on your sitution? Id love to hear from you!

[Brandon96]

We are experiencing the same in Staten Island.

[Rachel708]

Hi,

Even if the building is a single or two family, the certificate of occupancy must match its use. Sinlge and two families occupancy are permamnent dwellings can incur fines.

https://www.wnyc.org/story/think-private-homes-are-safe-list-airbnb-think-again/

[Tim57]

Yep Heads up — I had rented my House in Long Beach, NY when I was out of town and had it booked solid.  The police and building department came when folks were staying - twice.  Interrogated the guests and slapped with 2, 3 count complaints.  I appeared in court maximum sentence 90 days in jail and 8,500 fine—I plead it down to 3,200 fine and shutdown the Airbnb - also selling the house — I have another listing in Utah — I pay a small tax 3% and all is good.  The hotel lobby owns the politicians in NYS

[Pilar142]

How did you plead your case down? I had a similar situation and it was impossible to get the fines down.