Airbnb, the social website that connects travelers with locals who are willing to rent out living spaces on a short-term basis, scored a big victory in New York last week. The back story: Nigel Warren, a New York-based Airbnb host who had rented out his bedroom while he himself was traveling, was fined $2,400 for violating local laws that make it illegal to rent out a home for less than 30 days.
This matter potentially had massive ramifications, not just for Airbnb but also for travelers, who have flocked to the site to find value-priced lodgings with a local feel and ambience, rather than high-priced hotels. Airbnb hosts rent out apartments, houses and spare rooms.
In support for Warren and other hosts in New York, Airbnb worked with Warren to appeal the fine. A clarification by the New York City Environmental Control Board was handed down last week. The ruling articulated that hosts can rent out rooms as long as a permanent occupant of the home is in residence (in Warren’s case, his roommate, who was also on the lease, was present).
“In the appeal, we and Nigel argued — and the appeal board now agrees — that under New York law as long as a permanent occupant is present during a stay, the stay does not violate New York’s short term rental laws,” wrote David Hantman, Airbnb’s Head of Global Public Policy, on the company’s blog.
The bottom line for New Yorkers: It’s still okay to rent out a spare room if you’re present at the time, and it’s still illegal to rent out an apartment that you don’t live in. But the news is that as long as some permanent occupant is there, even if you as the host are not, your rental is legal.
The battle’s not fully over yet in New York, as this new development does not protect those who rent out empty apartments. (There are currently more than 1,000 such listings on Airbnb.com.) Still, it’s a start — and Warren gets his fine refunded.
All eyes now turn to a similar battle now playing out in the Los Angeles community of Silver Lake. Stay tuned.
— written by Carolyn Spencer Brown