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Cities Struggling To Crack Down On Airbnb Renters (latimes.com)

An anonymous Slashdot reader writes: A California man has been charged with eight misdemeanors for renting several apartments under his own name, and then subletting them all. "Apartments in Santa Monica that might fetch $3500 a month as ordinary rentals, are worth three or four times that on a daily or weekly basis," reports one newsweekly, and the subletter notes that he only received two years of probation plus a $3,500 fine, "what one of my properties makes in a month." On Wednesday three prominent U.S. Senators "called for a regulatory probe into whether short-term rental websites such as Airbnb are taking housing away from long-term renters and pushing up prices," but the number of Americans planning to use Airbnb this summer has apparently already doubled since last year.

The Hotel and Lodging Association of Alaska is complaining that the state's renters "are not required to follow the same state and federal safety mandates that are required for other hotels and lodges creating an unsafe and unfair market for consumers as well as hoteliers." But it seems like currently the only pushback is coming from local and city officials, like the short-term rental rules that Airbnb is currently fighting in their home city of San Francisco. For example, in Maine, the owner of one of Portland's 425 rentals units is now fighting a city order "demanding that he stop renting out part of his home through Airbnb. "Portland has a limited staff to enforce zoning rules, so it comes down on the most egregious cases, said City Hall spokeswoman Jessica Grondin."

I laughed at the quote from the City Hall spokeswoman. "It's kind of like speeding on the highway. You know it is illegal, you do it anyway, and you get caught."

34 of 260 comments (clear)

  1. Not even close to Speeding by Anonymous Coward · · Score: 5, Insightful

    When I speed, I'm not forcing people with smaller cars off of the expressway and onto dirt roads, far far away.

    These people are driving up the rents and prices of homes in communities, while not being restricted by the laws that hotels/motels/holidayinns have to follow. So for those who want decent housing at decent pricing, they have to live far away, or in worse areas.. driving the next people to live farther and worse-er.

    1. Re:Not even close to Speeding by jmcvetta · · Score: 4, Insightful

      Get real, dude. Rents in Santa Monica were sky high before Airbnb. Rents there will continue to be outrageous until the city government allows enough housing to be built to meet demand. Restrictive zoning - and the macroeconomic relation between the money value of land versus labor - is the cause of high rents, not short term rentals.

    2. Re:Not even close to Speeding by crow_t_robot · · Score: 2, Insightful

      Speeding endangers lives; airbnb renting does not. Therefore, speeding is much worse. Let them do what they want with their property.

    3. Re:Not even close to Speeding by Anonymous Coward · · Score: 2, Insightful

      They own the houses, they can do what they feel like.

      Hey neighbor! I hope you won't mind the composting and recycling operation we'll be opening up in our front yard. The trucks will be by twice a day, so you may want to time you entry and exit to miss them. The nighttime lighting will be pretty bright, so you might want to get some blackout shades too. And we'll be having an all-day hip-hop jam to kick things off the first Saturday of each month!

    4. Re:Not even close to Speeding by jittles · · Score: 2

      So, you want every home (remember every home is a potential airbnb place) inspected by the Governments? Your friends come to spend the weekend. You want the Governments to come and Tax you for "Lost Revenue"? Your family comes, a foreign exchange student comes, a refugee comes, a co-worker comes, a visitor of any kind comes. How do you prove that You aren't an airbnb-er. Do you want to pay Taxes to have a guest? The Governments just love this idea – inspect every home, tax every home for every visitor, make the home owner, home renter pay, Pay, PAY! That's the ticket!

      Oh please. The government is not trying to inspect every home or tax you for your visitors. How do they know you're not an AirBnBer? Because you don't file a 1099 from AirBnB! That's how. The IRS knows if AirBnB is paying you more than $500 a year. And if you're renting out your place for less than $500 a year, I don't think anyone in the government would want to waste their time bothering with you anyway.

    5. Re:Not even close to Speeding by ShanghaiBill · · Score: 2

      These people are driving up the rents and prices of homes in communities

      The rents are driven up by housing shortages. The NIMBYs and BANANAs have stopped nearly all housing construction in most big American cities. In SF, more than 95% of building permits were rejected last year, and most prospective builders didn't even bother to submit a request. So new growth is forced out into the suburban sprawl. Blaming the shortage of urban housing on Airbnb is silly.

    6. Re:Not even close to Speeding by SydShamino · · Score: 2

      Actually, what *I* want is for the government to leave alone owner-occupied homes that they rent out all or part of for part of the year, while cracking down entirely on short-term rentals in residential zoning for houses and apartments that aren't owner occupied.

      If you're renting it short term, and you aren't doing so as a secondary use to your own residence as the owner, then your doing commercial renting and should be subject to all commercial renting rules and regulations, including zoning regulations.

      Wow, that covers all of your extreme examples.

      --
      It doesn't hurt to be nice.
  2. Simple solution by smooth+wombat · · Score: 2

    Crank up the fines and forbid people from renting at more than one location.

    Start at $10,000 per violation.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:Simple solution by ben_kelley · · Score: 2

      $10,000? Assuming you get caught (see quote about limited resources to police zoning violations) that's still not a lot of a deterrent.

      There is a lot of money involved here. Consider that as a property investor you can get triple the return if you let your apartments through Airbnb.

      The other impact is that this drives up rents across the city for "normal" people.

    2. Re:Simple solution by LynnwoodRooster · · Score: 2

      Well that would suck... I live in Ventura but work 3-4 days a week in San Francisco. So I have places in both cities (it's cheaper to rent an apartment in SF than to do hotels for 2 to 3 nights a week). I guess I pay a violation because my commute is long enough I choose to stay overnight?

      Rather than renting more than 1 location, make the penalty for illegally subletting a place (which is what many AirBNB places are - a person rents an apartment then starts to rent it out to others for considerably more than the base rental cost) rather than a person renting a few places for their own exclusive personal use.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  3. Re:Landlords by known_coward_69 · · Score: 2

    not like the landlord is there every day. some of them own property and live in another state and simply collect the rent

  4. Re:Can't let the money fall into the wrong hands! by Anonymous Coward · · Score: 4, Insightful

    If by "little people", you mean folks that can buy 425 properties, you and I have very different definitions... The article is all about the abusing that people with plenty of money are doing to a system would have worked if it was only done on a small scale.

  5. Re:Can't let the money fall into the wrong hands! by jmcvetta · · Score: 2

    In Soviet America, land owns you!

  6. the usual suspects by ooloorie · · Score: 5, Insightful

    On Wednesday three prominent U.S. Senators "called for a regulatory probe into whether short-term rental websites such as Airbnb are taking housing away from long-term renters and pushing up prices," but the number of Americans planning to use Airbnb this summer has apparently already doubled since last year.

    Well, it sure is pushing down prices for hotels. Which is probably why crony capitalists get all pushed out of shape about this. As for housing prices and the housing shortage, AirBnB isn't responsible for that, it's zoning laws, rent control, and the interference of the federal government in the mortgage markets. But, hey, leave it to the usual suspects (Warren, Feinstein) to first wreck people's lives and then blame "big evil corporations" for the mess they created.

  7. The old struggling to fight off the new by mi · · Score: 3, Insightful

    Be it Uber or AirBNB, the pattern is the same — the old way of doing things is struggling against the technology-enabled new way.

    We lived through this, when automobiles replaced horse-drawn transport, we are witnessing it now...

    creating an unsafe and unfair market for consumers as well as hoteliers

    It is decidedly no less "safe" than the overpriced "real" hotels/motels. And it is only unfair because of the costs of government-regulations, which those "real" establishments have always passed on to their customers.

    With the immediately-available customer ratings offered by the new companies, the government regulators are simply no longer necessary. If "fairness" is a concern, the hotels should be left alone — and unregulated — too.

    --
    In Soviet Washington the swamp drains you.
    1. Re:The old struggling to fight off the new by geoskd · · Score: 4, Insightful

      If "fairness" is a concern, the hotels should be left alone — and unregulated — too.

      I'm not normally one to drink the "regulation is bad" coolaid, but in this case, the regulation serves a function that has been deprecated by the new instant availability of information. This is definitely one of those cases where technology has rendered moot the underlying reality that forced the need for regulation in the first place. The only problem is that regulation in the hotel industry lines the pockets of the already established players as well as the town and cities doing the regulating. Just like the cab industry, its time for an overhaul of these regulations and a thorough re-examination of the underlying realities. I find it overwhelmingly likely that its time to give that regulation the axe, and free up hotels and motels to be more cost competitive with airbnb. There will still be a market for hotels, just not nearly such a big one, which seems only fair, as all of the hotels near where I live sit mostly empty most of the time. They can afford that business model because most of their costs come from actually renting the room (aka taxes contingent upon occupancy). This kind of a change will start a culling in the hotel industry that, frankly, its about time we actually got around to. Free up some of that prime real estate in and around hotels, train stations, and major venues for things that provide more social value to the local residents.

      --
      I wish I had a good sig, but all the good ones are copyrighted
    2. Re:The old struggling to fight off the new by Harlequin80 · · Score: 5, Insightful

      It is materially less safe than the existing hotel market. A simple example is hotels are held to a much higher standard for fire safety. Being held to those higher standards imposes a cost on a business. If you can operate in the grey areas without those costs you have a significant commercial advantage at the risk that a fire may kill / injure people that wouldn't have been killed or hurt if your building had been compliant.

    3. Re:The old struggling to fight off the new by Harlequin80 · · Score: 5, Insightful

      How would an immediately available customer rating know if the carpets were fire retardant or not? That all the electrical items were tagged and tested regularly? That food handling procedures were up to standard, that kitchens were clean?

    4. Re:The old struggling to fight off the new by DerekLyons · · Score: 4, Insightful

      Be it Uber or AirBNB, the pattern is the same â" the old way of doing things is struggling against the technology-enabled new way.

      We lived through this, when automobiles replaced horse-drawn transport, we are witnessing it now...

      Horseshit.
       

      creating an unsafe and unfair market for consumers as well as hoteliers

      It is decidedly no less "safe" than the overpriced "real" hotels/motels.

      Horseshit. A real hotel controls it's keys so that only I and the hotel staff have access to my room. Such control is virtually impossible in an AirBNB situation. In addition, a real hotel has a front desk staff and usually some form of security staff keeping an eye on the premises. A random rental from AirBNB does not. And that's on top of the fire safety and other issues raised by other commenters.
       

      With the immediately-available customer ratings offered by the new companies, the government regulators are simply no longer necessary.

      Presuming the ratings are honest - which I do not trust them to be. Customers have no interest in honest ratings, and can be penalized for them if they cast aspersions on the service. The rental agency itself has no incentive to be scrupulously honest because they don't want to piss off too many providers. Etc... etc... Not to mention, few customers will rate (or even have the technical know how to rate) such things as the fire protection system.

    5. Re:The old struggling to fight off the new by lucm · · Score: 2

      Yes, the same thing should happen with banks, insurance companies, childcare and hospitals. Let's get the government regulations out of the way and rely on Yelp reviews and Facebook likes. FREE MARKET!

      --
      lucm, indeed.
    6. Re:The old struggling to fight off the new by geoskd · · Score: 2

      How would an immediately available customer rating know if the carpets were fire retardant or not? That all the electrical items were tagged and tested regularly?

      In a free standing apartment, two, or even a four unit building, there simply is not the danger from fire that exists in a large hotel. even in a 5000 square foot house, you are never more than a short sprint from an exit. Hotels on the other hand, you could often be a long hallways from safety, with scores of other people competing with you for limited evacuation routes. When a house burns down, it is pretty rare for there to be an actual fatality from the fire or smoke. Burns and ailments yes, fatalities, not that much. With Hotel fires, there is a lot more potential for death, especially in multistory buildings. All in all, you're safer staying at an ancient run down bed and breakfast where the whole place is wired with lamp cord, and the carpets are made out of a combination of jet fuel and matches, than you are on the 30th floor of a high rise hotel...

      --
      I wish I had a good sig, but all the good ones are copyrighted
    7. Re:The old struggling to fight off the new by Harlequin80 · · Score: 2

      Impossible to compare AirBNB stats as the information is completely unavailable.

      However there were 1.24 million building fires in the US in 2013. Which claimed the lives of 3240 people. Of those fires 7700 were in high rise buildings. Those high rise fires contributed 27 deaths. That gives you a fatality chance per fire of .35% in a high rise and .26% in all fires. So this is a relatively low difference. This low difference comes about because high rise and high density buildings have stricter fire codes even though a single fire in a high rise is a much riskier event.

      This is further helped by the fact that 50% of low rise hotels that suffered a fire event between 2007 & 2011 had full wet pipe sprinkler systems. This compares to just 17% of low rise apartments, the sort of thing airbnb will do the most of.

      So at the moment airbnb is still a relatively small player in a per stay measurement, however as it increases it is likely to see more people staying in buildings with lower standards of fire prevention. This inevitably will lead to an increase in fire deaths.

  8. economics by m2943 · · Score: 2, Interesting

    The reason housing prices are high and there is a housing shortage in desirable areas are simple: government keeps pushing up demand for housing in such areas through various housing subsidies (low income rent programs, Section 8, government support of mortgages), while at the same time discouraging the creation of new supply through price controls (rent control, affordable housing unit requirements, special taxes on developers) and regulations (zoning, usage restrictions, etc.).

    I know, dear Elizabeth, you're just a greedy lawyer and a rabble rousing politician, but please, learn some basic economics: you and people like you are responsible for the housing shortage. And restricting the ability of people to rent out their places for short periods, as on AirBnB, will make the housing shortage worse. In fact, the reason AirBnB is likely so popular in the first place is because AirBnB hosts don't have to deal with all the other rental regulation bullshit people like you have created; in a free housing market, AirBnB would be much less attractive, since landlords could get similar income without all the risk associated with an unpredictable succession of short term renters. So, if you restrict AirBnB rentals, people will probably either leave their apartments empty, or they will convert them into expensive luxury condos. See, Elizabeth, you can certainly stop people from engaging in some economic transactions by wielding your big senatorial stick, but you cannot force them to engage in economic transactions against their will.

  9. uber all over again... by Anonymous Coward · · Score: 5, Insightful

    uber is a fake taxi, avoids taxes, and avoids regulations and requirements designed to protect the public.

    airbnb is a fake hotel, avoids taxes, and avoids regulations and requirements designed to protect the public

    1. Re:uber all over again... by houghi · · Score: 2

      I am going to start 'Bee-R4u' and deliver beers and spirits to minors. But as I am not a restaurant or any other of the sort of companies that is restricted by age, I should be ok.

      Mmm. I am not selling beer, I am renting out closed cans and bottles. However when they open them, they can not be returned anymore. Closed cans can be returned for a small fee.

      As the sending is so people can look at how these things are fabricated AND I direct my business at minors, I think I should be getting money for the education I provide from the different states as well.

      I do all this to protect the public and keep education as cheap as possible. You are welcome.

      Just as an aside, I live near the AB InBev HQ, so I am sure I can at least find 1 company interested and it also means that I do not live in the USofA, so I do not have to follow the laws anyway, right?

      I just should not click on submit so others can't steal my idea. Damn, I am smart.

      --
      Don't fight for your country, if your country does not fight for you.
  10. Simon says no by RubberDogBone · · Score: 2, Interesting

    The cities and towns who want to regulate this and Uber and the like are doing so not because there is some sort of crisis or need for regulation. By their own admission, they do not have control over it now and yet there are very few reports of problems, which strongly suggests there aren't many issues.

    No, they don't want to solve anything. They're just mad that somebody is doing something without asking permission and paying for licenses and other crap. An awful lot of government is devoted to making people ask for permission to do things and making them pay fees to get that permission.

    If people realize they can do things just fine without permits, then all hell will break loose of people doing stuff on their own for free! How can bloated bureaucratic governments survive and justify their own existence if people just DO stuff?

    --
    Sig for hire.
    1. Re:Simon says no by jittles · · Score: 5, Insightful

      The cities and towns who want to regulate this and Uber and the like are doing so not because there is some sort of crisis or need for regulation. By their own admission, they do not have control over it now and yet there are very few reports of problems, which strongly suggests there aren't many issues.

      No, they don't want to solve anything. They're just mad that somebody is doing something without asking permission and paying for licenses and other crap. An awful lot of government is devoted to making people ask for permission to do things and making them pay fees to get that permission.

      If people realize they can do things just fine without permits, then all hell will break loose of people doing stuff on their own for free! How can bloated bureaucratic governments survive and justify their own existence if people just DO stuff?

      You're right. There's absolutely no need for permits to do things like electrical wiring. And no reason whatsoever to mandate that property owners have smoke alarms and fire extinguishers on their properties. Nothing has ever gone wrong in the past, all of these rules and regulations just came to be out of thin air because some bureaucrat thought it would be a great way to make money.

    2. Re:Simon says no by jittles · · Score: 2

      You obviously never applied nor got inspected for said licenses. They are just taxes on renovations. I've had 6 permits in the last 2 years, 2 electrical ones, 1 for a repair and 1 for a renovation. The licensing office requires you to have a building permit for the renovation, a building permit for fire sprinkler system, a water permit to connect the backflow preventer for said fire sprinkler system to the pipes, a sewage permit to make sure you don't connect the drain for said fire sprinkler system directly to the sewage, a fire marshal inspection, an electrical permit for the electric. Each permit is ~$120.

      The inspections are a joke, I did the work all myself which is permitted as the homeowner, half the inspectors asked me why they were there, They never heard of anyone doing a fire sprinkler system so especially the water and sewage inspector were wondering why they were there, then I had to point it out and they said: well, for residential fire sprinkler we can't test the system, you pass. All inspectors spent 5m looking around and say "looks good" on both rough and finish inspections, didn't even have to show the entire renovation. They do require you to submit plans for ~3 months and then hound each inspector for 3 days to show up and the building inspector I've been calling for 3 weeks now.

      You have electrical permits because working with electricity can cause fires and death. You have a sewage permit to make sure that you're not making a change to the line that would cause sewage to spill into the ground. A water permit to make sure that you're not going to cause a water problem for yourself and all your neighbors. A building permit to make sure that you do all of the structural modifications according to code. I've had to get permits to do work before, I know how the process works. When it came time for my inspections the inspectors came by (without being hassled) at the time that I scheduled with them. It took 5 minutes to schedule the inspections. And yes, the inspections only took a few minutes because the first thing the inspectors did was ask me what I did to ensure the work was up to code. Explaining that would take only a couple of minutes. Then the inspector would spend 2 minutes looking to see if I did things exactly the way that I had described. If I had described a situation that sounded dangerous, I have no doubt that the inspector would have been far more thorough. The fact is that the permitting process exists for two reasons: 1) people try to violate the zoning regulations of their community 2) bad contractors and unskilled homeowners do work that is not only dangerous to themselves, but dangerous to future buyers of the property who may not know that shoddy work was done to begin with. If you want the wild wild west that you describe, go back to any time before like 1940 and see just how many people died due to poor workmanship. Especially children in factories.

  11. New ways to cause old problems by Anonymous Coward · · Score: 3, Insightful

    This is definitely one of those cases where technology has rendered moot the underlying reality that forced the need for regulation in the first place.

    I disagree, technology is simply providing a new way for people to evade the laws and recreate the same problems that -- long ago -- caused the laws to be created.

    Now, there is some virtue to "shaking things up", but the underlying issues here are not actually computational at all, they are issues about monetary-incentives, damage and accountability, and various tragedies of the commons.

  12. Re:Landlords by slashrio · · Score: 2

    Maybe there is no problem at all. Except for the big hotel owners who now encounter some competition.

    --
    "Trump!!", the new Godwin.
  13. Re:Can't let the money fall into the wrong hands! by jmcvetta · · Score: 2

    So if you can't afford to buy a house in one of the most expensive real estate markets in the world, then there is just no point in investing at all?

    Your words, not mine.

    I have relatives nearing retirement with $0 in IRA/401k, living in a trailer park, who think exactly the same way. But they can always find the money to go to Starbucks and buy the latest iPhone.

    Good to know you're much far more clever and deserving than those feckless trailer-dwelling proles.

  14. Re:Isn't this standard way to do business? by jmcvetta · · Score: 2

    The landlord rents out unfurnished space on a long term lease. It's a passive business, a way to make money from ownership of capital.

    The Airbnb host hires out a fully furnished, immediately habitable living space on a very short term. It's an active business, a way to make money from the application of labor to relatively little capital.

  15. Re:Can't let the money fall into the wrong hands! by Actually,+I+do+RTFA · · Score: 5, Insightful

    The "natural state" is me hitting you and taking your stuff.

    --
    Your ad here. Ask me how!
  16. AirBNB is a local corruption test by EmperorOfCanada · · Score: 2

    There are very very few members of the public who don't like or have a problem with AirBNB. Any government that bans them is clearly doing this on the behest of the hotels and other such businesses. This is a perfect example of government officials working for the rich elites and not for the people who voted them into power and pay the taxes that let these thugs have jobs.

    Why do we continue to put up with law after law after law that is not in our best interests.

    Is AirBNB perfect, nope. But any problems can be regulated to solve any problems for the greater good. For instance if someone had three houses on a quiet street that they AirBNB'd for party houses, then you deal with that issue. But a blanket ban is just anti citizenry which would be an action only take if there was some inducement or incentive for the lawmakers.