Search Travel Market Report

mainlogo
www.travelmarketreport.com
  • News
  • Packaged Travel
  • Cruise
  • Hotels & Resorts
  • Destinations
  • Retail Strategies
  • Niche & Luxury
  • Air
  • Training & Resources
  • Who We Are
    • Brian Israel
    • Briana Bonfiglio
    • Candace Protzman
    • Dan McCarthy
    • Dori Saltzman
    • Jennifer Arango
    • Kelly Fontenelle
    • Louis Intreglia
    • Tom McCarthy

Judge Blocks New York City Law Aimed at Cracking Down on Airbnb

by Jessica Montevago / January 11, 2019
Judge Blocks New York City Law Aimed at Cracking Down on Airbnb

Photo: Shutterstock


The ongoing saga between Airbnb and New York City continues as a federal judge last week blocked the city’s effort to crack down on short-term listing sites.

The City Council unanimously passed a law in July that, beginning in February, would have required Airbnb and similar websites to provide city officials with information on every short-term listing in the city, including hosts’ addresses and identities, in order to crack down on those that violate New York’s short-term rental laws.

Mayor Bill de Blasio signed the law in August, saying it would help combat illegal hotel operators who are reducing affordable housing.

Airbnb and another home-sharing site, HomeAway, quickly filed a lawsuit, asserting the bill was unconstitutional for violating the privacy of law-abiding hosts.

Judge Paul A. Engelmayer, of the United States District Court in Manhattan, granted Airbnb and HomeAway’s request for a preliminary injunction, stopping the law from going into effect, because it potentially violated the guarantee against illegal searches and seizures in the Fourth Amendment.

“The city has not cited any decision suggesting that the governmental appropriation of private business records on such a scale, unsupported by individualized suspicion or any tailored justification, qualifies as a reasonable search and seizure,” Judge Engelmayer wrote in a 52-page decision.

The law would have also required hosts to list whether the dwelling is their primary residence and whether the entire unit or a portion is available for short-term rentals. Failure to provide the information would warrant fines of $1,500 for each listing that was not disclosed. It would have likely exposed thousands of listings for violating state law, which says it is illegal in most buildings for an apartment to be rented out for less than 30 days unless the permanent tenant is residing in the apartment at the same time.

Airbnb said the decision is “a huge win for Airbnb and its users,” including “thousands of New Yorkers at risk of illegal surveillance.”

The injunction will remain in effect until the litigation is resolved. However, city officials remained confident the new law will ultimately prevail.

“The law is pointed at a real problem and we think it’s a good law. So you know, when a judge does a temporary injunction, there’s still a whole lot of legal process to be had and we believe we’ll ultimately prevail,” Mayor de Blasio said.

“We have a huge city with a lot of Airbnb activity and a lot of concern in our neighborhoods and unfortunately a lot of examples of abuse. And to put a strong data regimen in place made all the sense in the world.”

  0
  1
Related Articles
New Motto by Hilton Hotel to Open in Times Square
An Inside Look at JW Marriott Essex House’s Newly Renovated Luxury Hotel Suites
New York Kicks-Off Third Annual Winter Outing
Lawmakers Want Answers from Airbnb on Misleading Hosts and Listings
Airbnb’s New Luxury Rental Tier Caters to the Ultra-Wealthy
Airbnb Moves into Adventure Travel
Airbnb to Buy HotelTonight, Pushing Deeper into the Hotel Industry
Six of the Hottest Hotel Openings in New York City
Why One Travel Agent Doesn’t Use Airbnb
New York City Council Rules Airbnb Must Disclose Host Information

MOST VIEWED

  1. Maui Fires Update: Which Hotels and Resorts Are Open and Closed After Lahaina Fires
  2. FAA Issues Nationwide Ground Stop for United Airlines Flights
  3. Southwest Airlines Strike Seems Imminent
  4. Hurricane Lee's Uncertain Path Raises Some Travel Concerns
  5. Hurricane Lee Intensifies to Category 5: Caribbean and U.S. Impact Uncertain
  6. Hurricane Lee Update: Storm Poses Threat to New England and Atlantic Canada


  1. Royal Caribbean Monitoring Haiti Violence
  2. Tropical Storm Lee Could Hit the Caribbean this Weekend
  3. Two Florida Ports Remain Closed After Hurricane Idalia
  4. Updated Cruise Line COVID-19 Vaccination, Booster, & Testing Requirements
  5. Celebrity Cruises Removes Gratuities from "All Included" Pricing
  6. Hurricane Lee Forecast to Rapidly Strengthen into the Weekend
TMR Subscription

Subscribe today to receive daily in-depth coverage, analysis of industry news, trends and issues that affect how you do business. Subscribe now for free.

Subscribe to TMR

Top Stories
Amsterdam Is Increasing Tourist Taxes for Land and Cruise Guests in 2024
Amsterdam Is Increasing Tourist Taxes for Land and Cruise Guests in 2024

Amsterdam is boosting its tourist tax.

Read...
Quark Expeditions Launches New Arctic 2025 Season: “Rethink Your Bucket List”
Quark Expeditions Launches New Arctic 2025 Season: “Rethink Your Bucket List”

Quark Expeditions, the global leader in polar adventures, invites travelers to boldly rethink their bucket list in Arctic 2025 and choose destinations that take them beyond the standard and overly popular travel experiences. 

Read...
Club Med’s First South Africa Resort Set to Begin Construction
Club Med’s First South Africa Resort Set to Begin Construction

The first Club Med resort in South Africa is slated to open in 2026.

Read...
Reports: New EU Visa Program ETIAS Won’t Start Until 2025
Reports: New EU Visa Program ETIAS Won’t Start Until 2025

The long-talked-about visa program for inbound travelers to Europe is reportedly delayed yet again.

Read...
Halloween Horror Nights Stages Frightful Scenes at Universal Orlando for 32nd Year
Halloween Horror Nights Stages Frightful Scenes at Universal Orlando for 32nd Year

Here's what travel advisors need to know about Halloween Horror Nights and how to book the horror-filled trip of their clients' dreams.

Read...
Iceland Prime Minister Promises to Increase Tourism Taxes
Iceland Prime Minister Promises to Increase Tourism Taxes

Tourists to Iceland will soon have to pay more to the country in taxes.

Read...
TMR OUTLOOKS & WHITE PAPERS
European Travel Trends 2023 Outlook
CP White Paper 1
Cruise Trend Outlook 2023
View All
industry insider
industry-insider.jpg
//services.travelsavers.com/AMGService.svc/REST/GetImage?ImageID=e6640f25-695d-ee11-92d0-005056a8720b
Why Travel Advisors Shouldn't Worry About Artificial Intelligence
Advertiser's Voice
//services.travelsavers.com/AMGService.svc/REST/GetImage?ImageID=b9003415-3a5d-ee11-92d0-005056a8720b
Travel Agent Education Powered by Avoya
About Travel Market Report Mission Staff Advisory Board Advertise
TMR Resources Webinars Calendar of Events Outlook/Whitepapers Previous Sponsored Articles Previous This Week Articles
Subscribe to TMR
Select Language
Do You Have an Idea Email
editor@travelmarketreport.com
Give Us a Call
1-(516) 730-3097
Drop Us a Note
Travel Market Report
71 Audrey Ave, Oyster Bay, NY 11771
News |Packaged Travel |Cruise |Hotels & Resorts |Destinations |Retail Strategies |Niche & Luxury |Air |Training & Resources |Who We Are
© 2005 - 2023 Travel Market Report, an American Marketing Group Inc. Company All Rights Reserved | 243 South Street, Oyster Bay, NY, 11771 USA | Telephone (516) 730-3097| Terms and Conditions
Cookie Policy Privacy Policy