Today, NetChoice commended the US Southern District Court of New York’s preliminary injunction of NYC’s anti-homesharing ordinance requiring short-term rental platforms, like Airbnb and HomeAway, to hand over huge amounts of sensitive customer data.
“New York City’s fight against their own residents has lead them to defy the constitution and violate the rights of New Yorkers,” said Carl Szabo, Vice President and General Counsel at NetChoice. “New York’s Southern District Court should protect the rights of NYC homeowners. The city’s anti-homesharing laws are dysfunctional and to enforce them New York City is trampling residents’ right to privacy.”
Here are some quotes from the Southern District Court’s decision:
- “[The ordinance] would invite such productions so as to permit regulators to troll these records for potential violations of law, even as to customers as to which there had been no basis theretofore to suspect any violation of law.” P.40
- “Existing Fourth Amendment law does not afford a charter for such a wholesale regulatory appropriation of a company’s user database.” P.40
- “A home-sharing platform has at least two very good reasons to keep host and guest information private, whether as to these users’ identities, contact information, usage patterns, and payment practices. One is competitive: Keeping such data confidential keeps such information from rivals (whether competing platforms or hotels) who might exploit it. The other involves customer relations: Keeping such data private assuredly promotes better relations with, and retention of, a platform’s users.” P.22
Link to opinion and order: netchoice.org/nycpreliminjunction
Washington DC, November 12, 2018 – The future of short-term rentals (STRs) throughout the nation’s capital is being put at risk by DC Council Bill – B22-0092 which would introduce a licensing system that would eliminate nearly all current short-term rentals like Airbnb, HomeAway and VRBO.
The bill would:
- impose zoning requirements that effectively eliminate nearly all short-term rentals;
- require short-term rental platforms to share private information about hosts with the city government;
- cost the city over $104 million in lost taxes and implementation costs;
- eliminate short-term rental competition allowing big-hotels to gouge visitors to the nation’s capital.
“Big hotels are the only real winners of DC’s anti-home sharing bill.” said Carl Szabo, Vice President at NetChoice. “The city’s latest anti-tech action threatens resident’s privacy and financial security.”
“I can think of a better way for the city to spend $100 million.”
“DC is going after short-term rentals to the detriment of home owners and at a cost of $104 million,” continued Szabo. “The City Council’s proposed rules would burden residents who use STR platforms to help make ends meet.”
A copy of coalition opposition letter can be found at: https://netchoice.org/wp-content/uploads/Association-Joint-DC-Council-Letter-150.pdf
NetChoice is a trade association of eCommerce and online businesses that share the goal of promoting convenience, choice, and commerce on the net.
“A crackdown on short-term rentals would allow companies like Marriott and Hilton to raise room rates even higher. Even worse, D.C. would need to spend more than $100 million to enforce these new regulations on residents — including losing tax revenue earned from short-term rentals.
Imagine what the District could do if it spent $350 million on affordable housing rather than on this new handout to big hotels.”