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New York Senate Passes Bill That Bans Short-Term Apartment Listings On Airbnb (theverge.com)

An anonymous reader writes: The New York Senate passed a bill on Friday that makes it illegal to advertise entire unoccupied apartments for short-term rentals on Airbnb. The bill is headed to New York Governor Andrew Cuomo's desk for him to either veto or sign into law. The Verge reports: "The bill prohibits online apartment listings that last under 30 days and run up against the city's multiple dwelling law, which is designed to stop apartment buyers from renting out the entire space and basically turning their units into Airbnb hotels. First-time offenders would be fined $1,000, but a third infraction would be much costlier at $7,500. 'Let's be clear: this is a bad proposal that will make it harder for thousands of New Yorkers to pay the bills,' an Airbnb spokesperson told Tech Crunch. 'Dozens of governments around the world have demonstrated that there is a sensible way to regulate home sharing and we hope New York will follow their lead and protect the middle class.'" One of the bill's sponsors, State Assemblywoman Linda Rosenthal, disagrees and claims that it targets "people or companies with multiple listings. There are so many units held by commercial operators, not individual tenants. They are bad actors who horde multiple units, driving up the cost of housing around them and across the city." She went on to say, "You should know who your neighbor is and what happens when people rent out their apartments on Airbnb is you get strangers," said told the New York Post. "Every night there could be a different person sleeping in the next apartment and it shatters that sense of community in the building. It also can be dangerous."

32 of 211 comments (clear)

  1. Stranger Danger! by TechyImmigrant · · Score: 3, Interesting

    Be fearful! There might be strangers sleeping somewhere in a property near you.

    I bet the hotels are lobbying for this. Airbnb is one thing that is pushing the cost of visiting New York down.

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    1. Re:Stranger Danger! by the_povinator · · Score: 3, Informative

      I wonder how much money Linda Rosenthal has taken from the hotel industry? Her donors (well, the legal ones) may be found here http://www.followthemoney.org/... but with some of them it's not clear who they represent.

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    2. Re:Stranger Danger! by Anonymous Coward · · Score: 5, Informative

      That's not true.

      AirBnB drives the cost of all rentals in all cities. AirBnB was designed to rent out coach houses/basements of the same property which is your primary residence. That is also still allowed under this.

      What this law is designed to do (and needs to be done in Vancouver BC, Seattle WA, Portland Oregon, and San Francisco California) is stop people from hoarding property from the people who live in the city and need that property. There are people who own a dozen properties and list them on AirBnB or just keep them empty and use it as a store of value. "Investors" are locking up the housing supply to drive up the property prices.

      AirBnB has it's purpose, and if you look on a map of a city like NYC, SFO or YVR you'll see the AirBnB units outnumber the actual rental units available to people who live there.

      It's only arm of solving the housing affordability problem. Developers should be designing condo buildings with a few floors of 3-bedroom units that can be partitioned into a 1-bedroom main unit and a 2-bedroom "BnB" (No kitchen in the BnB side) with it's own entrance. Anything smaller is not a BnB qualifier.

    3. Re:Stranger Danger! by ShanghaiBill · · Score: 4, Interesting

      What this law is designed to do (and needs to be done in Vancouver BC, Seattle WA, Portland Oregon, and San Francisco California) is stop people from hoarding property from the people who live in the city and need that property.

      The obvious solution to a shortage of housing is to BUILD MORE HOUSING. Last year, SF rejected 95% of all building permit requests, and most people don't even bother to submit a request. Despite soaring demand, the number of new housing units is near zero. So the result is high prices. Duh. NYC and other cities are not much better. The problem is driven by NIMBY and BANANA voters. It is absurd to blame this on Airbnb.

    4. Re:Stranger Danger! by Gorobei · · Score: 4, Informative

      Be fearful! There might be strangers sleeping somewhere in a property near you.

      I bet the hotels are lobbying for this. Airbnb is one thing that is pushing the cost of visiting New York down.

      We're fearful because we live in shared doorman apartment buildings. We usually keep our apartments unlocked 24 hrs (for our own convenience, and because we know and trust our neighbors, and because old buildings have quirks like single elevators that jam and so you hop through someone's front door to get to the back door elevator bank.)

      We'd like to keep that and not have to switch to living in a hotel-like environment.

    5. Re:Stranger Danger! by alvinrod · · Score: 3, Informative

      When you implement rent controls, there's very little incentive to build more housing. It's the type of policy that most economists agree is a bad idea and it's little surprise that it distorts the market and causes all manner of ill adverse side effects.

      You honestly can't expect anyone sane to build new housing when laws mandate that it be a poor investment. At that point you end up with the only solution being government funded public housing projects, but those have a lot of stigma attached to them.

    6. Re:Stranger Danger! by FlyHelicopters · · Score: 4, Informative

      Leaving a door unlocked is plain dumb no matter where you live. You may know and trust your neighbors, but can you say the same about your neighbors guest or even family visiting?

      My wife grew up on a farm, their front door didn't even have a lock. Her Uncle owned the property and had hundreds of milk cows and other animals.

      If you're out and the neighbor needs something, they can come borrow it, they'll replace it or pay it back in kind, no big deal.

      There is a level of respect there that is lacking in big cities.

    7. Re:Stranger Danger! by Ichijo · · Score: 3, Interesting

      What this law is designed to do...is stop people from hoarding property... There are people who own a dozen properties and list them on AirBnB or just keep them empty and use it as a store of value.

      This is one reason why we need a land value tax.

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    8. Re:Stranger Danger! by Crashmarik · · Score: 2

      High taxes on property not your primary residence.

      Now that would have a fun effect on the political landscape of NYC

    9. Re:Stranger Danger! by Crashmarik · · Score: 2

      Oh please, you don't live in NYC you're living in a Seinfeld episode.

    10. Re:Stranger Danger! by _Sharp'r_ · · Score: 2

      hoarding property from the people who live in the city and need that property ... "Investors" are locking up the housing supply to drive up the property prices.

      The ignorance of economics and the effects of big city housing regulations is strong with this one...

      Even a totally partisan left-wing economist like Krugman understands that it's regulations like this one which keep housing unaffordable.

      Let me lay it out for you... If you make it more expensive to build housing of various types, and if you make housing worth less by adding lots of restrictions on what you can do with it, and if you restrict people's ability to make money with the housing they build, it turns out that over time, people build much less housing, because they don't see the point in going through all that hassle for less reward than they can get elsewhere with their money.

      The solution to that is pretty obvious, but it's not to further restrict what people are "allowed" to do in order to make housing more valuable/profitable.

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    11. Re:Stranger Danger! by Dahamma · · Score: 2

      Problem with that is for the regions of the country where the land is most of the value, it basically prices out the people who have lived in a "hot" market (ie. you should NOT be forced to move just because your neighbors pay idiotic prices for their houses).

      So, what's really needed are laws that impose extra taxes or restrictions on people who own land but are using it primarily as rental properties, so they pay their fair share. There are many ways to do that (don't give tax breaks, tax the rent at higher levels, levy extra property taxes, etc).

      But in the end if they own the property and someone wants to pay to stay there, why the hell shouldn't they be able to make a business out of it? The real issue isn't to let them make money, it's to make sure they aren't skirting laws and taxes that hotels (which is what they are at that point) already have to pay. Capitalism is fine, competition is fine, the goal should be to make sure it's FAIR.

    12. Re:Stranger Danger! by nbauman · · Score: 2

      The obvious solution to a shortage of housing is to BUILD MORE HOUSING.

      Yes, but it doesn't have to be private housing.

      New York City has a long history of public housing. That's how we housed workers during WWII. It worked well in New York City, and it works well around the world.

      Like anything else, there are some well-run public housing projects and some poorly-run public housing, but there's a lot of good public housing which has long waiting lists of tenants who want to get in. Many housing projects limit their rent to 30% of the tenant's income, which is a common definition of affordable housing.

      The purpose of private housing is to maximize the owner's revenue. The purpose of public housing is to provide housing for people at an affordable rent.

      The Republicans have passed laws against public housing, like the Faircloth Amendment, and in cities around the country, like New Orleans, they've actively destroyed public housing. (Although the Democrats have done their share.)

      As Paul Krugman says, the Republicans are ideologically opposed to government, and when the government does anything well, the Republicans have to destroy it, usually by cutting its budget.

      A mixture of public and private housing worked well in New York City. The working class was able to live in public housing, and the wealthy developers could build their own housing at a profit. It was a good solution. You make your fortune out of real estate, and let us have cheap housing.

      Unfortunately billionaires aren't willing to merely make billions of dollars from selling luxury to the wealthy, they also want to make more billions by taking necessities away from middle-class people. In recent decades the cost of housing has gone up so much that it can be very profitable to destroy working-class and middle-class housing, and build luxury housing in its place.

      The New York Times has run stories about how much of the luxury housing in New York City was bought by wealthy foreigners as safe investments, who keep them vacant. The Times found out that many of those foreigners were engaged in illegal activities, and they were able to launder their money in New York real estate because of the ability to create corporations and partnerships with secret owners.

      So rent control is the second best solution. If we didn't have rent control, the long-time residents of New York City would have been priced out and their neighborhoods and social networks would have been quickly destroyed. Now that's only happening slowly.

    13. Re:Stranger Danger! by FlyHelicopters · · Score: 2

      My grandparents grew up on a farm and they LOCKED THE DOORS after a traveling solicitor decided it would be worthwhile to literally stick his foot in the door to prevent my grandmother from closing it on him.

      That is what shotguns are for...

      That solicitor was stupid...

    14. Re:Stranger Danger! by FooAtWFU · · Score: 2
      Luxury housing is always the first to be built in a highly constrained, under-built market like New York City. If you need to strongarm the city to get any development done whatsoever then you're going to focus only on the highest-value projects.

      It upsets peoples' sense of egalitarianism, but it's still better for the overall housing situation than nothing. Of course, building enough housing on all levels of the market makes too much sense and will continue to be disallowed.

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    15. Re:Stranger Danger! by onepoint · · Score: 4, Informative

      As a realtor, I will comment on the following situation from multiple perspectives :

      San Francisco; multiple issues, biggest issue ( which is common ) is the self-interest of homeowners who's values have increased 200% to 400% in the last 7 years, and or rental incomes have doubled or tripled in the same timeframe, don't want any new supply to hit the market. Because it stalls the income increases ( source : https://www.rentjungle.com/ave... ) look at the stalling 2 bedroom rental market.
      Now rent control in that market ( SF ) provides lifestyle and culture living, so you might still enjoy the look and feel, but what happens when a property is removed from that market, poof, those parties are forced to move to real cost. and that's painful for them.

      New York: Rent control has worked rather well to help a large percentage of people stay within the commute of the "city", what Airbnb has done is created a very small problem which is a huge concern for the landlord. Rent control apartments can not be subleased in any which way or form, if the tenant chooses to sub-lease and get's caught, is a slap on the wrist, the landlord get's a huge heavy fines ( this one is fine related to a regular rental cite : http://therealdeal.com/2016/01... )

      Miami Florida : Well this is my market, let me explain a few interesting things. Condo's here have very interesting rules about renting. Some won't let you rent, some have policies about minimum stay ( 1 year, 6 months, 30 days, 7 days, 1 day ). it's all written within your condo documentation which you sign off that you have read. All leases that are realtor made, show, no sub-leasing unless authorized by the owner. Rent control almost does not exist near the beach, we have senior housing ( IE: over 55 places ) that are discounted to the market, so the character of community sticks. The problems we have with Airbnb are the rule breakers, You pay for a lifestyle type building ( 1 year, 6 months, 30 days, 7 days, 1 day ) you expect it IE: transient buildings are noisy but fun, 6 month or longer are quiet. I live 19-minute walk to the beach and it's quiet, Airbnb ended up with a few listing here and it became " who the fuck are you in my assigned parking spot " with people yelling and screaming. couple of emails to the staff of Airbnb stopped all our problems, they were helpful, and we have a few angry owners LOL

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    16. Re:Stranger Danger! by b0bby · · Score: 2

      Luxury housing is the only thing new construction is interested in, precisely because they can charge a lot because LUXURY.

      This is only true in certain markets like NYC & SF, where the housing supply is so tightly constrained that prices are high and only the wealthy can afford to buy. I guarantee you that there are lots of areas where affordable housing is being built. The problem is that many people want to live in NYC and SF, and they are not willing/able to build more housing on the scale of that demand.

  2. Only apartments, or houses too? by presidenteloco · · Score: 4, Interesting

    If the law only targets apartments, and leaves owners of detached houses free to do what they want, isn't this creating a two-tier system favouring the already rich?

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  3. Arrived at an airbnb place today by OzPeter · · Score: 4, Interesting

    I've just arrived at an AirBnb apartment for a 2 week stay. When booking the place I was warned not to mention that I was in an AirBnb place as the locals aren't too happy with it. So I have been thinking about such apartments this week, and it seems to be that the hotels are missing out on an opportunity for renting out complete apartments. I generally rent a complete apartment and end up paying less that a hotel in the same area and being 2 or 3 notches of luxury above the hotel and don't have to worry about strangers wandering in every day to clean the place and poke around my belongings. Yeah I know about long stay hotels, but they are sad little things in comparison and don;t give me the same feel as staying in a furnished apartment for an extended stay,

    On the other hand I have read all the sorry stories about AirBnb rentals where people have run everything from prostitution rings to wild parties from them. So I can see the benefit of local regulation.

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    1. Re:Arrived at an airbnb place today by hawguy · · Score: 4, Interesting

      I've just arrived at an AirBnb apartment for a 2 week stay. When booking the place I was warned not to mention that I was in an AirBnb place as the locals aren't too happy with it. So I have been thinking about such apartments this week, and it seems to be that the hotels are missing out on an opportunity for renting out complete apartments.

      Isn't that pretty much what Extended Stay suites are? Studio, one, or two bedroom suites available for rent by the day, week, month or longer.

      don't have to worry about strangers wandering in every day to clean the place and poke around my belongings.

      When I've stayed for an extended stay suite hotel, they only offered full housekeeping once a week, and I'm sure you could tell them to skip that too if you really don't trust the housekeeping staff.

  4. Not sharing by Anonymous Coward · · Score: 2

    Renting an unoccupied appartment is not sharing.

  5. Explanation: Protects rental stock by n3r0.m4dski11z · · Score: 4, Insightful

    Vancouver (and the lower mainland in general), has a similar problem that i assume new york does. Air BNB depletes possible rental stock. I am not sure low the new york vacancy rate is, but mostly due to foreign capital in-fluxing into the real estate market here, our vacancy rate is 0.3% (probably less now, things are only getting worse).

    That said, I stay in airbnb pretty much every vacation i go on with my family as what you can get for the price blows hotels away (if there even are hotels in a destination). It's either that or camping, is really all one can really afford when you pay more than half of your salary into paying rent.

    It seems that people are somewhat confused and think its like a "big hotel lobby" or something driving this ban on aribnb. It very well may be that people are trying to protect their cities from ever higher rents. Especially in popular cities where it is impossible for an average family to own a property. The cities become just a resort in this case, instead of what they should be: A place where people can live within an hour or two commute of their workplace affordably.

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    1. Re:Explanation: Protects rental stock by Mistlefoot · · Score: 3, Interesting

      There is more than that. Hotels also charge taxes (federal/provincial and local) on each room and about 3% of the 16% tax goes to support tourism. As rental properties aren't taxable, but rooms rentals are, this is a 16% advantage an Airbnb rental has. And pretty good chance most people who rent via Airbnb aren't paying income tax on that either.

      In Victoria BC, the city is trying to make all renters register and pay taxes the same as any hotel and there is outrage amongst renters. Many don't want to have to collect and remit the same taxes those they compete with must.....

  6. Wrong ban. by ScentCone · · Score: 4, Insightful

    The only thing that should be banned is the use of the word "sharing" when it comes to all of this sort of stuff. I'm paying you for a ride, or for a place to sleep. You're not "sharing" it with me! More hipster word-erosion.

    --
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  7. Re:Say; "It's the Hotel/Motel Tax revenue" by Wycliffe · · Score: 2

    Even smallish cities rely on a good bit of their development from this tax, which is often in excess of the normal sales tax rate.

    Like the Uber service, this is a way to circumvent legacy fees to the municipality.

    The hotel/motel tax in my town is used 100% for promoting tourism which brings in more people to use those hotels which airbnb benefits from too. The preferred solution to me would be maybe a revenue cap. If you make less than say $3000 per month then you're in the clear otherwise you need to register as a hotel. Another option would be a nightly stay cap like say 10 guests/month or 30 guests/month or even 100 guests/month. This would prevent businesses from using this loophole. The same could be said for lyft/uber, if you haul more than 50 passengers a month then you need to register, get regular inspections, have proper insurance, etc... This would still allow the casual person to do it without a bunch of hoops but gets them to do it properly once they are actually running a business. Many things already operate like this where certain regulations only kick in once a minumum size is reached.

  8. Re:I Don't Want To Know Anybody by Shados · · Score: 3, Informative

    When you're in a residential area with high owner occupancy, sooner or later you get to know most of your neighbors. Since people are likely to stay there a while (I think average house ownership is 7 years), you're gonna bump into them enough time that you'll get to know who's who.

    It makes a huge difference: if something annoyed you, you talk to them, you compromise, and you're good to go for years to come (not always easy, but easier than having to redo it every year or two)

  9. Rent is a problem in the first place by Pfhorrest · · Score: 4, Interesting

    I gave you a +1, but I have to undo it because commenting is more important.

    Everything you say is true, and beyond that, the rental market in the first place does this same thing to the general housing market as well.

    Investors buy rental properties to generate a passive income (i.e. get money in exchange for nothing), by exploiting an advantaged capital position (i.e. just by having more money to begin with).

    That ability to benefit financially from housing you don't need for, you know, actually housing yourself, attracts people with money to spare into buying up more investment housing, increasing the demand and thus market price for housing.

    That makes it more difficult for people who need housing to actually live in to buy, forcing them into the only other option left, renting, putting them on the receiving end of their landlords' passive income (i.e. they're the ones paying that money in exchange for nothing).

    The real estate investors can then reinvest their rental income into buying more housing to rent out, and the renters, throwing all their money down a rent-hole, are inhibited from ever saving enough to buy their way out of that situation.

    In this way, those who already have more profit off those who already have less in an ever accelerating vicious cycle; the rich get richer, the poor get poorer, and while for those around the middle (i.e. those who've got around about just what they need for their own use, and neither can profit from their excess nor have to pay for their deficit) it seems like it would be simple to change from one end to the other with some good old fashioned hard work, in reality there is an invisible pressure away from that center, and for those starting far below it, it's an extraordinary effort to even approach that middle point in their entire lifetimes; and getting to far above it comparatively easy, for someone starting out around the middle already. Because being poor costs you money, and being rich makes you money, and rent is the engine that drives that process.

    This whole process is much more visible in places where supply is unable to easily scale up with demand, and where demand is already high; people living in Bumfuck Nowhere where no one wants to live, surrounded by unending undeveloped flat lands to the horizon, might not see this problem as more than noise in their market data, but in places where the market is already crunched this process comes to life and makes it infinitely worse than it already would have been.

    In the absence of a rental market, anyone who had more housing than they needed for their own use would have only one option to benefit from it: sell it. But nobody's going to be buying it as an investment property anymore if there's no rental market to profit from, so the only people buying would be those who need it for their own use. Which means if you want to sell it, you have to sell it at a price (and on terms) that people who need it can actually afford; that's how a free market works. Your only alternative is to not sell it and get nothing and have wasted everything you spend buying it. So in the absence of a rental market, the purchase price for housing would have to come down; conversely, the presence of a rental market artificially inflates the purchase price of housing.

    And this critique doesn't just apply to housing rental, but to any kind of rental, including the rent on money otherwise known as interest; though, again, the supply and demand curves in a given market will make it more or less visible a problem -- nobody's going to complain about the evils of the DVD rental market (if such a thing still existed). But it's the places that really matter, like housing and other big-ticket items, where the problem really manifests, and those are... well, the places where it really matters.

    Rent (including interest) is the problem with capitalism; which, n.b., is not a synonym for a free market. Free markets do not intrinsically lead to runaway concentrati

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  10. Odd definitions of success... by Firethorn · · Score: 2

    most of which have been very successful and have long waiting lists.

    Wouldn't 'long waiting lists' mean that they're actually unsuccessful, in that they're not meeting demand? Not to mention that "the projects" have a long history of extreme violent crime rates and other criminal activities?

    When you look at the actual numbers, public housing is quite efficient and provides good housing for less cost than developers do in the free market.

    You mean, quite efficient at continuing the chain of poverty, because an employer sees an address in the project and looks elsewhere? Sad, but true.

    Look, I'm not going to say that public housing is all bad, or that it can't be the most fiscally sound decision. What I am going to say is that I believe that the real way to ensure sufficient housing is to allow developers to make money. If they can make money building housing, they'll build housing. I'm not saying that you have to enable them to make a killing, but well, if you're not getting enough housing built despite sky-high prices, maybe there's a reason that can be adjusted?

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    1. Re:Odd definitions of success... by Impy+the+Impiuos+Imp · · Score: 2

      Very successful and long waiting lists!

      In Soviet Russia, long bread lines are a sign of successful tasty breads!

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  11. AirBnB needs to die by greggman · · Score: 3, Insightful

    The idea of AirBnB is a good one but AirBnB in particular is an unethical company that specifically allows hosts to falsely advertise and get away with it with impunity.

    I've stay at 20+ places and one in 5 has lied about their listings. From claiming it's 1 bedroom but actually being a studio. Claiming WiFi but actually stealing it from a neighbor. Claiming to provide parking but not. The latest is claiming to be 1 place but actually be several blocks away. In every case AirBnB did nothing. In the last case AirBnB even claimed it was policy that locations are false. So you try to rent something in a nice/safe/quiet area and it's actually an bad/dangerous/loud area and this is actually official AirBnB policy

    AirBnB really need to be taken down until they stop being blatantly unethical.

    1. Re:AirBnB needs to die by Anonymous Coward · · Score: 2, Funny

      And yet you still use them? Sounds like they're doing exactly what you want them to do.

    2. Re:AirBnB needs to die by GuB-42 · · Score: 2

      20+ times! You are not really contributing to the death of airbnb...
      What are the alternatives? How did you do before airbnb?