Pre-crime returns to America with new Airbnb law

Sovereign Man ^ | 24 October 2016 | Simon Black

[Lorianne]

On Friday afternoon, New York state Governor Andrew Cuomo signed a bill making it illegal to advertise your home for short-term rent on websites like Airbnb.

The law specifically targets New York City homeowners in apartment buildings who advertise their properties, or even just a spare room in their homes, to rent for less than 30 days at a time.

It’s important to note that New York already passed a law a few years ago making it illegal to rent your home out to short-term tenants.

This new law makes it illegal to ADVERTISE… which is basically pre-crime.

Now you don’t even need to commit the egregiously criminal act of renting out your home to a nightly traveler.

Simply informing the public that you’re thinking about it is enough to get slammed with a major fine.

Violations carry a penalty of up to $7,500, dramatically higher than New York’s penalty for reckless driving (up to $300) and even higher than the fine for driving while intoxicated (between $500 and $5,000).

I’m sure we can all sleep more soundly tonight knowing that the courageous politicians of New York are keeping the streets safe from nefarious criminal terrorists trying to earn a few extra bucks from their own private properties.

It’s ironic that New York City already has one of the highest hotel occupancy rates in the world, in excess of 90% in some parts of the city like Times Square.

(Which makes New York one of the only places in the world where a 2-star fleabag like the Comfort Inn can command rates between $249 and $429/night.)

So websites like Airbnb fill an obvious market need.

Last year alone, Airbnb generated $451 million for New York City property owners who rented their apartments or spare rooms to short-term travelers.

That’s 451 million reasons to continue allowing Airbnb to operate in the city.

Everyone wins. Hotels still have high occupancy. Property owners generate supplementary income. Travelers have a better experience in the city. And politicians get their tax slice of $451 million.

But now they’ve screwed up a perfectly good thing that was creating plenty of benefit.

Naturally, they’re citing ‘public safety’ as their primary justification. They can get away with anything if has to do with safety and security.

The text of the legislation states that they must “ensure that all buildings comply with fire, building and other safety codes relative to their class.”

Right. Because renting your apartment to a retired couple who flew into town to see Hamilton means that the entire building will burn down to the ground?

This is really some next level logic.

Driving home the political delusion, State Senator Liz Krueger released a statement in favor of the law, calling it

“a huge victory for regular New Yorkers over the interests of a thirty-billion dollar corporation.”

(Big Sister Krueger also encourages New Yorkers to rat each other out to the authorities should they find one of their neighbors violating the law.)

If this person actually had a clue about anything, she’d realize that Airbnb has NEVER generated a profit and has lost billions of dollars since it was founded.

So this ‘victory’ is against the regular New Yorkers she claims to protect– ordinary people who use the site to generate extra income and help make ends meet in one of the most expensive cities in the world.

SNP

[stocksthatgoup]

It’s not your home. The government owns everything. Now you know it.

[metmom]

And the idiots in NYC still continue to vote democratic.

When will they learn?

[BenLurkin]

Is it legal to advertise for prostitution in NYC?

Should it be?

[Alberta's Child]

If this person actually had a clue about anything, she’d realize that Airbnb has NEVER generated a profit and has lost billions of dollars since it was founded.

This makes me wonder why they're in business at all.

I'm not sure the State of New York is even capable of preventing people from renting their homes out for short-term rentals -- even if it's illegal by other measures (violates a lease provision, zoning code, etc.). All this law does is prevent you from doing it through a third party like Airbnb.

Now Airbnb and its users just have to figure out how to circumvent the law. Rent an apartment out in midtown Manhattan, but call it "Jersey City East" in the Airbnb ad.

[Fido969]

So, offering to sell drugs, or soliciting for prostitution is a “pre crime” as well?

Smoke another joint and go back to sleep.

[Alberta's Child]

I have never lived in a place where I would even WANT people to rent their homes out on a short-term basis. Any apartment building where I lived had clear provisions in the lease that prohibited this, and in any single-family home where I lived I would never want a transient population living next door.

I understand why people think this is a violation of their God-given rights, but Airbnb is a lot like Uber and Lyft in that it exploits loopholes in perfectly reasonable laws and regulations to let people pretend they're operating legitimate businesses.

[ncfool]

I wonder if this effects the VRBO site which does exactly the same think as AirBNB

[Fido969]

I wonder if this effects the VRBO site which does exactly the same think as AirBNB

I guess it depends on who is giving the political contributions.

[Kickass Conservative]

Just the beginning in Hillary’s America.

[sparklite2]

I wonder if it’s illegal to advertise pre-teen sex.
It’s not like you’re doing any. And child porn.
We’re all some number of degrees from being incarcerated, I guess. It reminds me of the prisoner standing in his cell, shouting out through the bars, “I’m free! I’m free!”

[unlearner]

“Airbnb is a lot like Uber and Lyft in that it exploits loopholes in perfectly reasonable laws and regulations to let people pretend they’re operating legitimate businesses.”

“Perfectly reasonable laws”, huh?

There is a big difference between regulations that actually protect public safety and laws designed to prop up non-competitive business practices implemented by crony capitalists. Because that is EXACTLY what these laws are about.

It has become too expensive to start a small business in many places in this nation. They are being regulated to death.

As a result, only businesses with billion dollar war chests can survive, which is why Lyft, Uber, and Airbnb are still in business. And even they cannot survive in some cities because of bureaucracy.

Even the oppressive Roman government that tried to kill Jesus as a baby did not regulate private home ownership to the point where Jesus had no place to be born.

All 3 of the businesses you cited have mechanisms in place to vet both buyers and sellers of services through their platforms. When local communities have existing zoning regulations or deed restrictions, property buyers understand this when they buy. When the government adds new restrictions it robs property owners of their rights.

Seeing these rights as “loopholes” sounds a lot like big government liberal speak.

[Sasparilla]

...It’s not your home. The government owns everything. Now you know...

Another result of Democrat rule, where fringe lunatic liberals want control of ever facit of your life, liberty, family, and property. A vote for any Democrat is a vote for less freedom and more control over you.

[Extremely Extreme Extremist]

All this law does is prevent you from doing it through a third party like Airbnb.

Nope. The law prevents you from advertising. Period.

My suggestion? File a LLC and advertise your spare room as an "Executive Suite."

[Alberta's Child]

I agree with all of that, but you're missing an important point as it relates to New York City:

When local communities have existing zoning regulations or deed restrictions, property buyers understand this when they buy. When the government adds new restrictions it robs property owners of their rights.

A recent study in New York City indicated that 64% of the housing units were occupied by renters, not owners. So any principles related to "property owners" goes right out the window in that case. I would venture to guess that the vast majority of these properties are covered by lease terms that prohibit or severely restrict sub-letting, anyway.

The remaining 36% probably includes a very large number of condominiums or co-ops, where the occupants may be "owners" but have already signed away many of their rights as property owners when they bought into that arrangement.

I'd be curious to know how many people in New York are really affected by this stupid law.

[Alberta's Child]

All 3 of the businesses you cited have mechanisms in place to vet both buyers and sellers of services through their platforms.

And all three of them will not hesitate to turn around and use the power of government -- that they complain about today when they're trying to get a foothold in the market -- to keep out new competitors in the future.

If you think that sounds outrageous, consider this: Uber has recently signed an agreement with the NYC Taxi & Limousine Commission (TLC) that requires Uber to operate pretty much like an ordinary, regulated limousine company in NYC. Uber and TLC are now partners in a legal battle to keep Lyft out of New York City.

[Dawn53Fl]

We’re not in NY, but I have several friends that rent out rooms in their home through AirBNB. Their clientele has been quite fascinating. Folks from many countries, and states (we do live in a vacation area.)

We have rented vacation property through VRBO for many years. We’ve rented in country and out of country, and have always been pleased with the destination rentals. Our kids even rented VRBO apartments for their honeymoon.

The rub in our area is there is a tourist tax collected on hotel rooms. The AirBNB folks don’t pay that tax, and therefore their prices are much less
than a hotel would be. They’ve been pushing to tax the AirBNB rentals for the past year or so.

[Alberta's Child]

I wonder what jurisdiction (if any) New York would have if you advertised a New York rental exclusively outside of New York. Would they have any legal recourse if an Airbnb ad for your home showed up in California or London, but not in New York?

[bgill]

Advertise for 30 day rentals with no penalties for breaking the contract after 3 nights.

[bgill]

It’s not fun living next to noisy partying weekenders. Sadly, half the houses on our street are listed on a weekend rental site. This trend coincidentally started about 8 years ago. It’s the only way the owners can keep up with property taxes rising 10% each year for the past 25+ years. Ha, y’all just thought Texas didn’t have high taxes. Surprise!