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Airbnb To Hand Over Data On 124 Hosts To New York Attorney General

Peer-to-peer lodging service Airbnb has agreed to hand over data on 124 of its hosts in New York as part of an investigation by the state's Attorney General into the operation of illegal hotels. The AG first requested data for almost all of Airbnb's hosts in the state, but after "legal wrangling," that number was whittled down to the current 124. The data in question will be unredacted personal information, meaning names and addresses. In a blog post, Airbnb's David Hantman said, "nothing about these hosting profiles suggests [the Attorney General] is after anyone but individuals who may be flagrantly misusing our platform." Airbnb is confident that the targets of this request are hosts considered to be "bad actors," but they don't explain what classifies somebody as a "bad actor."

36 of 149 comments (clear)

  1. Definition of "bad actor" by haruchai · · Score: 2, Insightful

    It's whoever we say and whoever doesn't have the means to buy us.

    --
    Pain is merely failure leaving the body
    1. Re:Definition of "bad actor" by ArmoredDragon · · Score: 3, Insightful

      It's basically just politicians who are kowtowing to an industry that doesn't want more competition than it already has.

    2. Re:Definition of "bad actor" by Anonymous Coward · · Score: 5, Insightful

      They're "kowtowing" to an industry that has to follow regulations and therefore feels at an unfair disadvantage to players that eschew regulations (fire safety, hygiene, registration requirements, etc.). With that perspective, it should be easy to see who the bad actors are in principle: People who run hotels without following the regulations under the disguise of renting out rooms in their homes. It says as much in the blurb. There certainly is a gray area, but 124 hosts in NYC looks like they're only going after obvious cases.

    3. Re:Definition of "bad actor" by Anonymous Coward · · Score: 3, Insightful

      Fire safety, hygiene and registration requirements are "not applicable" if you're running a small hotel? We're not talking about amenities like spa, wifi and a 24h reception. You can't put your guests in danger just so you can "get in at the ground floor" and compete with "real" hotels.

    4. Re:Definition of "bad actor" by nbauman · · Score: 5, Informative

      I went to a meeting where I actually heard my local New York State assembly member, Dick Gottfried, and one from the neighboring district, Linda Rosenthal, denounce Airbnb.

      They said that they had never seen lobbying like that before. Everywhere you go in the state capital, you find Airbnb lobbyists. They have a massive lobbying effort.

      I told them that we were discussing it on Slashdot and I asked them to elaborate on exactly why Airbnb was wrong.

      First, they explained, you could always rent out a room in your home -- but you had to stay there. What you can't do is rent your apartment and leave. That's the housing law. (But most leases say that you have to get permission from your landlord to sublet.)

      The big problem is that landlords are deciding to let apartments go vacant rather than rent them to traditional long-term tenants with leases. Instead, they're renting out apartments through Airbnb, and making much more money, as de facto hotels. We have many regulations for hotels, most of them put in for good reason, and they're ignoring the regulations.

      Tenants don't like Airbnb because they reduce the rental housing stock. Landlords won't rent to tenants if they can make more from Airbnb. Furthermore, tenants don't like the heavy traffic of anonymous strangers coming in to their building. (Airbnb rentals are popular among prostitutes, or more properly, commercial sex workers.)

      In effect, if you visit New York City for a week, Airbnb is cheaper. However, if you want to live in New York City, Airbnb would make it harder for you to find permanent housing.

      One of our biggest problems in New York City is that housing is too expensive. http://www.nytimes.com/2014/08...

      In New York City, most of us believe that poor and working-class people should be able to live here, because it offers them a way up. That's our values. In Houston or Atlanta you have other values. That's your privilege.

      We've worked out ways to do it, including rent control, public housing, and housing subsidies. It's not the perfect solution, but it works. Airbnb would disrupt this system. Retired people were paying $500 a month for a subsidized apartment and subletting it for $200 a night. Taxpayers don't want their subsidies to go for that.

      You may believe that the free market is a panacea that solves all problems. You may believe that we have a moral obligation to have a free market. In New York, we believe that everybody is entitled to his opinion. However, lots of people who don't understand how things work here come to New York and try to sell us on some new scheme. People like that don't usually get far in New York. I hear they have problems elsewhere too.

  2. Avoid New York by NaCh0 · · Score: 4, Insightful

    Every time I see a story like this or the problems Tesla has in NY, I can't help but think of the "New York is open for business" commercials flooded on the TV news channels. One of the most taxed and regulated states in the nation claiming to be business friendly.

    Fuck Noo Yawk.

    1. Re:Avoid New York by Anonymous Coward · · Score: 5, Informative

      *cough* your AG is a Democrat.

      *cough* your state legislature has a massive Democrat majority (~110 out of 150 members) in the Assembly, and a tiny Republican majority (32 out of 63 members?) in the Senate.

      *cough* your Governer is a Democrat.

      Yes, tell us more about how those evil Republicans are crushing your poor widdle throats with anti-competitive laws and enforcement.

      You're a hoot.

  3. Re:Of course they'll downplay it.. by bloodhawk · · Score: 4, Insightful

    depends on the situation. There is government being overly strict/arseholes, then there is government doing what it is supposed to do, which is ensuring hotels are all following the regulations required for hotels. If they are doing the former then it sucks, but I suspect it is the later they are chasing. I personally find it hard to fault them if what they are doing is chasing people that are blatantly ignoring the laws for insurance, health and safety etc when it comes to hotel accommodation.

  4. Just what constitutes a bad actor? by Artifakt · · Score: 2

    I know of one actual Bed and Breakfast that takes in normal clients through one set of ads, and runs other ads in BDSM magazines and such and serves as a dungeon for that clientel. They apparently rely on not scheduling people who don't know what's in the basement at the same time as those who do or something like that - maybe weekends are for whipsters. Is it possible this counts as a "bad actor"?
                Or what about people who are subletting property they only rent, against their rental agreement? Not that that's right, but I could certainly see the New York state authorities focusing only on those cases and ignoring a lot of owner landlords who rent out unsafe property, or worse, the ones who use goons to frighten or actually beat people who are protected from price increases by rent control, to force them to break their leases and free the property to be rented at a higher rate. Leaning on little old ladies is a pretty blatent kind of 'bad acting", but is it even on the radar in this case, or is it all about getting the low hanging fruit of renters who generally can't afford lawyers rather than landlords who can?.

    --
    Who is John Cabal?
  5. Re:Of course they'll downplay it.. by Anonymous Coward · · Score: 3, Interesting

    It isn't innovation to simply ignore local accommodation laws. If ignoring the law is innovation then I think a lot of people would like their prison sentences reduced as after all they were just innovating.

  6. It's about hotel taxes by HoppQ · · Score: 3, Informative

    I believe it's essentially about someone running what is essentially a hotel without paying the taxes that hotels are supposed to pay.

    See http://www.balloon-juice.com/2...

    --
    My sig will be released in 2015 third quarter. Rating pending.
    1. Re:It's about hotel taxes by khchung · · Score: 2

      well yes, it's about that.

      which makes the debate more about if a room for rent -literally- is a hotel - and why it's not a hotel if the guest stays for a month..

      How about the simple fact that most tourists staying in a place for just a few days usually won't bother to go to authorities if there is something wrong with their rooms? As such, to protect the reputation of a city, they have to regulate the hotels that primarily target tourists?

      If you are going to stay in the same place for a month or more, it is likely you will find out anything wrong in the first week, and you would more likely report it to police as you still have to stay for weeks there. Plus, people usually do more research when spending more, such as where to spend the money to stay a whole month or more, including possibly a prior visit in person for longer stay.

      Not so for a hotel you probably going to stay just one night. Any problem you found in the night, you are leaving the next day and not coming back to that city again anyway. That would allow bad hotels to stay in business for quite a while, damaging the reputation of the area and hurting tourism for everyone else.

      America being as it is, doing more to drive away tourists than promoting it, it is not surprising that most Americans have no idea how important it is for tourism to maintain a certain minimum standards on the hotels in the area. Next time you go on a trip to another country, talk to the hotel manager how many regulations they have to comply, you would be surprised how regulated they are for your safety and enjoyment.

      --
      Oliver.
  7. Re:Of course they'll downplay it.. by jklovanc · · Score: 3, Insightful

    Just because you think a law is "silly" does not mean that it is. All you are doing is giving a newcomer a financial advantage over established businesses. So when the new business harms the old business and can not handle the additional taxes and regulations when they are imposed you have less supply not more.

  8. Re:Bad actors? by drolli · · Score: 4, Interesting

    No - there are always definitly easy to spot bad actors on such platforms. These can range from stupid assholes who want to rent out their garbage collection room, people who are acting like they ren something out in private, but in reality operate a full-scale business circumventing regulations and possibly taxes.

    It seems that in NY there are 10000s of hosts. Figuring out the most criminal 1% of these has nothing to do with killing innovation but more wit doing a service to the customers (reputation for the hosts and safety for the customers).

  9. Re:Of course they'll downplay it.. by jklovanc · · Score: 4, Informative

    Do you think that a private arrangement between two individuals to allow someone to stay in a room or apartment or whatever belonging to another in exchange for some cash means that the room/apartment or whatever needs to abide by the same heavy regulations as a hotel?

    As soon as money changes hands it is no longer a "private arrangement". When you charge for a place to stay you are now a hotel unless it is on a month to month basis then you have a roommate. If you are providing the same service as a hotel you are operating a hotel. It is not a "public safety" issue.

    For example, someone renting an apartment but never living there and only renting short term through Airbnb is a bad actor. First, they are running a one room hotel with lower regulatory costs than a hotel. Second they are probably doing it against the lease. Third, they have little incentive to ensure that their tenants are following noise restrictions. Fourth, they are removing a rental apartment from a probably already tight rental market.

  10. Re:Of course they'll downplay it.. by bloodhawk · · Score: 2

    It's similar to Uber's situation with individuals providing rides in their own vehicles to people who want rides. Do you think that a private arrangement between two individuals to allow someone to stay in a room or apartment or whatever belonging to another in exchange for some cash means that the room/apartment or whatever needs to abide by the same heavy regulations as a hotel? The government has 2 pressures and incentives here: hotel/lodging lobbyists, not getting their tax revenue. If you really think they're doing this from a perspective of public safety, I think we'd just have to disagree.

    YES I do think they should abide by the same rules as in order for insurance to be valid and cover you they must also be following the rules. This is the reason I would never use Uber here in Australia as while an accident is unlikely I like knowing I am insured against such an event and in most Uber drivers sharing you are definitely NOT covered. Similiarly if I am paying for accommodation I want to know that they are meeting minimum health and safety requirements and also have appropriate insurance.

  11. Re:Bad actors? by Anonymous Coward · · Score: 5, Interesting

    People actually want hotels and motels regulated. A few reasons I can think of:

    1. Most people don't want a motel to pop up next door. By that I mean they don't want you renting out your house in the neighborhood to random people. Ask a few homeowners what they think about someone turning their neighbors house into a rental (and that's medium term).

    2. Most people don't want an actual motel within a mile or more of them. Again, it represents passers through. Also motels are notorious for crime and housing some unfavorable types, depending on the location, scale, and many other factors. But people fear the worst.

    Okay, that's all I could come up with.

  12. Re:Of course they'll downplay it.. by jklovanc · · Score: 4, Insightful

    There are some who rent out a room in their home occasionally. With proper regulation that should be allowed. There are others who rent apartments specifically to rent out as a short term rental. These are the ones that need to comply with the complete hotel rules. Registered bed and breakfasts have to comply with ruled why shouldn't Airbnb poster have to comply with those regulations as well?

    You're saying that if I make arrangements with someone to allow them to stay in a spare room and they give me $30 a night, I need to adhere to all regulations a full fledged hotel would have to.

    Are you paying taxes on the income? Do you have adequate parking for that tenant?
    Will you say a different story when someone is burned to death because there was no fire alarm system which a hotel is required to have but a private residence is not?

    There are two different scenarios we are talking about; spare room rental and short term apartment sublet. The former should be allowed with minimal regulation. The latter needs to be watched very closely.

  13. Re:Bad actors? by Anonymous Coward · · Score: 5, Insightful

    What innovation? Renting out your room or apartment is not new or innovative. Connecting supply and demand using the Internet is not new or innovative. What's innovative about AirBnB and Uber and the likes is figuring out how to do something blatantly illegal to gain a competitive advantage over legitimate businesses that do follow rules and regulations (which in many cases exist for very good reasons), without getting immediately shut down.

  14. Re:Of course they'll downplay it.. by KingOfBLASH · · Score: 2

    Will you say a different story when someone is burned to death because there was no fire alarm system which a hotel is required to have but a private residence is not?

    That's just a ridiculous argument. Apartment buildings are required to maintain fire alarm systems, have fire escapes, fire extinguishers, etc.

    Unless you are saying the requirements for a hotel are safer, in which case why not regulate so that everyone can live in a fire safe dwelling?

  15. It is a public safety issue by Camael · · Score: 5, Informative

    As soon as money changes hands it is no longer a "private arrangement". When you charge for a place to stay you are now a hotel unless it is on a month to month basis then you have a roommate. If you are providing the same service as a hotel you are operating a hotel. It is not a "public safety" issue.

    This summary is inaccurate - it is a "public safety" issue. In the Nigel Warren case where he rented out his room on Airbnb in NYC, the judge levied a fine of fine of $2,400 after ruling that they were operating an unlicensed hotel.

    The law on which the decision was based, Bill S6873B-2009 states:-

    JUSTIFICATION:

    The Multiple Dwelling Law and local Building, Fire and Housing Maintenance Codes establish stricter fire safety standards for dwellings such as hotels that rent rooms on a day to day (transient) basis than the standards for dwellings intended for month to month (permanent) residence. There are substantial penalties for owners who use dwellings constructed for permanent occupancy (Class A) as illegal hotels. However, the economic incentive for this unlawful and dangerous practice has increased, while it is easier than ever to advertise illegal hotel rooms for rent to tourists over the internet ... It endangers both the legal and illegal occupants of the building because it does not comply with fire and safety codes for transient use.

    I.e. The reasoning given for the law was to protect public safety, specifically to ensure compliance with fire and safety codes.

    1. Re:It is a public safety issue by aaarrrgggh · · Score: 2

      Because transient residents are not intimately familiar with the fire escapes and layout of the building. Smoke compartments must be smaller, low-level exit signs are generally required (so someone can see them when crawling), and requirements for secondary exits are different. And... you must post a sign at the door indicating exit locations.

      I am torn on the issue; in a place like San Francisco or NYC, the issue of taking units out of the rental pool is quite serious. This becomes worse where you have rent control. On the flip side, it is nice to have options when you stay in a place without sufficient traditional lodging offerings. Bed and breakfast establishments aren't really my cup of tea personally, but having a small apartment or house for a few days can put you more in the center of a community.

  16. It's not about taxes by Anonymous Coward · · Score: 2, Insightful

    During the last year of negotiations with the NY AG (Eric Schneiderman), AirBnB offered to remit taxes on the hosts' behalf, as they have done in other markets (such as San Francisco). The AG rejected this proposal. Why? Because it's not about taxes, it's about killing any possible competition the large hotels in NYC face. In fact, Schneiderman has surrounded himself with people who have heavy ties to the hotel industry, and has accepted tens of thousands of dollars in campaign contributions from hotel lobbies.

    It's inconvenient, but it's true. The NY State government's actions are, yet again, predatory and anticompetitive.

  17. Re:Of course they'll downplay it.. by ShanghaiBill · · Score: 3, Insightful

    Unless you are saying the requirements for a hotel are safer, in which case why not regulate so that everyone can live in a fire safe dwelling?

    The requirements for a hotel should be stricter. If you are renting a room for the night, you should not have to check the batteries in the fire alarm. If you have a three year lease on an apartment, it is reasonable for that to be your responsibility, rather than the landlords.

  18. Re:Bad actors? by drolli · · Score: 2

    If that would be true, then lobyists who manage to reduce the competition by 1% probably would not be worth their money.

  19. New slogan! by Overzeetop · · Score: 2

    I think you may have just hit on the next advertising masterpiece:

    I expect a roach free room and a mechanically sound taxi.
    For everyone else, there's Lyft and AirBNB.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  20. Look back to why the laws were there originally by Matt_Bennett · · Score: 3, Interesting

    Vast generalization here (I'm not a legal scholar)- but it looks like laws have been put in place to 1) encourage something viewed as good by the legislature or 2) discourage something viewed as bad by the legislature. What is viewed as "good" or "bad" is up to the legislator, the folks that the elected the legislator, the folks that the legislator represents, and most important to our current system of campaign finance, the folks that pay for the legislator's campaign. Airbnb is ostensibly a mechanism to allow people to profit from use underutilized space. Unfortunately some of the underutilized space is contained in clauses in lease agreements that the Airbnb hosts chose to ignore.

    The hotel laws were put in place because of abuses. Rent control was put in place because of abuses and to encourage affordable housing. The "bad actors" are those that are abusing the system at the potential risk to their customers- and they are customers, not guests. Because of the immense amount of money moving around, there will be abuses and bargains. Leave it up to a company to determine the bad actors, and they will invariably call out those that pose the greatest risk- and since it is a profit driven company, risk is about money, with no consideration given to public welfare (ostensibly the government's arena).

  21. Addressing potential problems by sjbe · · Score: 4, Informative

    It has EVERYTHING to do with killing innovation. Think about it for a second, who benefits?

    The (probably few) customers who don't get scammed by shady "hosts". The neighbors who don't have to put up with living next to a de-facto hotel which the property is almost certainly not zoned for. The taxing authorities and by extension the local citizens who are probably not receiving the benefits of tax revenue they would otherwise receive. The normal hotels and their employees who lose revenue they likely otherwise would have received.

    Just because something is new doesn't mean it is necessarily good. I don't have a problem with Air Bnb and I actually do wish them the best of luck but just because they think their product is "innovative" doesn't automatically mean it is a good idea. I can see potential problems with the service that are serious and need to be addressed in a more adult way than screaming "KILLING INNOVATION" to anyone who will listen.

    1. Re:Addressing potential problems by jfengel · · Score: 3, Insightful

      I've had one negative experience with AirBnB. It wasn't terrible, more disorganized than dangerous, and it's only one out of over a dozen excellent experiences, but that sounds about right: a very small percentage of problems. 124 in New York City also sounds about right for the worst-of-the-worst.

      In other words: no, not widespread, but if you can eliminate the few bad actors it increases overall confidence in the system. And if it decreases slightly the hostility from the industry they're trying to displace, it's better for the customer. The only losers in that are those who have been bad, and I just don't see anything wrong with that.

  22. Re:Bad actors? by C0R1D4N · · Score: 2

    124 "Bed n Breakfasts" may make up 1% of the number of hosts, but that is not the same as 1% of the market share.

  23. Re:Of course they'll downplay it.. by BitZtream · · Score: 2

    It stopped being a private arrangement when it started being facilitated by a 3rd party.

    Better than uber, in this situation these people can easily squat and the home owner would have to go through the full eviction process ... Which means in some locations that you can't have them removed for at least 90 days! And no, changing the locks while they are out isn't legal either.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  24. Re:Of course they'll downplay it.. by Theaetetus · · Score: 2

    OK, but in both cases you need a fire alarm, right? And in neither case is someone legally allowed to disable the alarm, right?

    I still don't see any difference.

    From the post you're replying to:

    The requirements for a hotel should be stricter. If you are renting a room for the night, you should not have to check the batteries in the fire alarm. If you have a three year lease on an apartment, it is reasonable for that to be your responsibility, rather than the landlords.

    Add to that that hotels have mandatory annual inspections, with a fire inspector who walks through and checks all of the alarms and extinguishers. You don't do that in your apartment, I'm sure, and yet it's something a hotel tenant relies on.

  25. NYC Resident Here by hirschma · · Score: 5, Informative

    People forget that there is another side here - the NYC resident. Consider that there's likely several people within 20 feet of me at any given time - this is the reality of big city living.

    What AirBnB means to me is a diminished quality of life.

    It means "guests" rolling in at 2am, feeling the need to open and close every door and cupboard (and waking up my household). Ringing my bell accidentally at all hours. Using AirBnB to find one-night party space. Smoking everywhere.

    This is all from one apartment directly above me. If I complain to NYC, it means that they're sued to death and evicted (which I'm sorely tempted to do, but the punishment is very harsh). If I don't, I have to live in a noisier, less enjoyable circumstance.

    And yes, I've taken the time to ask the folks upstairs to be more considerate. Their response? "It's our right", even though it's against the law.

    AirBnB sucks.

    1. Re:NYC Resident Here by inject_hotmail.com · · Score: 3, Interesting

      So you have these options:

      1. Do nothing,
      2. Ask them to stop again (politely, with or without warning about going to authorities),
      3. Ask them to stop again (not politely, with or without warning about going to authorities), and
      4. Go straight to the authorities.

      My recommendation? Go straight to the authorities. You've been polite, and you do not deserve to suffer as they benefit. Make no mistake, the only reason they are doing AirBNB is to profit. You have every right not to suffer a 'diminished quality of life' (as you, very succinctly I must say, put it) just so they can put an extra, what...$30 a day(?) in their pocket.

      Strictly speaking, anyone operating an AirBNB rental is operating a business. They are providing a service/resource to those who are willing to pay. Is an expense to that business paying the people around him to allow him to do so? Maybe (we as a society seem to endorse the idea of a 'money to QoL' ratio). So, my next question is this: is Mr. Ignorant claiming that income on his income tax? I imagine not. That might be more legal leverage you have in this case. (Side note: little do most people know that if you legitimize a business, a huge array of tax incentives start rolling in (proportionally expense your Internet, heating, electricity, computers, vehicle, etc).

      I wish you the best of luck in your quest.

    2. Re:NYC Resident Here by grahamsz · · Score: 3

      You could always exploit the review system of airbnb to force a change.

      Whenever their guests are quiet you can flip the tables and go knock on their door at midnight. Tell them "[landlord's name] said you've have shit ready for me". Once they get a few reviews of "Strange people show up in the middle of the night maybe trying to buy drugs" it should in theory sort itself out :)

  26. Re:Bad actors? by nblender · · Score: 4, Insightful

    It can be argued that bylaws and residential restrictions are a form of HOA.. It really should be "if you want to do whatever you want with your own property, live out in the country" but even in the country, there are rules about what you can and can't do. As long as you live near other people and services, there are valid restrictions about what you can and can't do with your private property. Suck it up, buttercup.