Friday, October 21, 2016

Airbnb sue the state of New York – El Diario NY

governor Cuomo signs a law to fine announcements of illegal offers of short term rental

Airbnb-demand state of New York
Activists, politicians, hoteliers and unions are opposed to the activity of Airbnb in the city. /Mariela Lombard

Photo: Mariela Lombard/El Diario New York

The state of New York gave on Friday a strong upside to Airbnb, the platform offers rentals of residential homes.

The state’s governor, Andrew Cuomo yesterday signed a bill when in force will prohibit the advertisement for offers of share house that is considered illegal.

When is an ad and an offer illegal? In the state it is when it is rented for fewer than 30 days a home or apartment without the person who is owner or renter by contract to be in the same residence. Until now there was no sanction against the publication of the offers but now, with the signing of Cuomo of this law, are penalized with a fine to users who can reach up to $ 7,500.

"It has been deliberate about this issue in a careful way but eventually are activities that are expressly prohibited by law. In addition, compromise the efforts to maintain and promote affordable housing by allowing these units to be used as hotels irregular and refuses to communities significant income for taxes that do not materialize, the cost of which it pays, ultimately the taxpayer", explained the governor’s spokesman, Frank Sobrino.

The same day, Friday, Airbnb announced the filing of a lawsuit before the courts of New York for violating the rights of the First Amendment, the Communications Act Appropriate. The company wants that you take preventive measures to leave without effect the law while the substance of the demand.

Josh Meltzer, head of public policy in this state for Airbnb said that "as is typical, the negotiations of backroom have benefited a special interest group, the hotel industry, which speculated with prices, and has ignored the voices of tens of thousands of new yorkers." According to Meltzer, the majority of the citizens of this state "have embraced the concept of sharing your home and we will continue to fight for a political solution smart that works for them, not for the powerful."

The proposed law was approved by the Assembly in Albany in June, and Cuomo had until October 28 to make a decision on approve or veto the law, which was sponsored by assemblywoman Linda Rosenthal.

The company does not consider this to be the end of it in New York because it ensures that most of the offers that are made through their platform are legal. Airbnb believes that this law is a major penalty for a series of practices that have no impact on those who rent out their homes legally. According to this company the greater part of those who share his residence, are "ordinary people who need extra income".

The company already has eliminated about 3,000 tenders which do not satisfy the criteria "one home, one host", that is to say a house for every offer, which eliminates the possibility that owners are constantly rented out to short-term several apartments of the city and that constitutes a business is not an extra money.

The problem that Airbnb has with this legislation is that it "expands an existing problem, the New York law, which dates back to 2010, not disntingue among new yorkers of the street that occasionally share their home of commercial operators that eliminate a permanent home on the market. This company, considers that the current law supported by the trade unions hotels, and many neighborhood organizations that fear for the future of the affordability of the housing, it is confusing for users and points to the rules of New Orleans or Los Angeles as the model to follow.

This week, in the countdown to the signature or veto of the law, Airbnb made a proposal to Albany for legislation that ensures that only individuals and not companies realquilan short-term in addition to strengthening security measures. Airbnb says that they have offered to remit hotel taxes. to the State.

A Big Apple semiprohibida

Airbnb channeled 2.5 billion offers short-term rental in 191 countries. New York is one of its biggest markets and where more difficulties it faces.

all in all, in the city, and according to the company, there are

  • 46,000 hosts that generate an economic activity to encrypted in $ 2,000 million a year.
  • 78% of them have low or moderate incomes.
  • 72% use the money they earn staying in the area stopped to pay for their own houses but many milenials do to return the debt.
  • Millennial and older than 60 years are the most in performance of this activity.
  • The number of hosts has grown 78% year-on-year in the city.
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