Post by High Priestess on May 31, 2016 3:43:23 GMT
Evelyn shared on NHF Jan 2015
www.airbnb.com/groups/content/content-106080
NY Hosts Council Meeting (1/20/15) Update
Hosts - the below is a recap from host/moderator (Brooklyn Hosting Collective) Adina www.airbnb.com/groups/content/content-105801:
You can view the actual video of the hearing at:http://legistar.council.nyc.gov/DepartmentDetail.aspx?ID=6910&GUID=AAAF96D6-8CCD-46E5-9DDB-CFF23FE775DB
My testimony is on 06:11
FROM ADINA:
What a day! Thanks to everyone who supported homesharing at the City Council hearings today - especially everyone who testified (yeah Evelyn!) The hearings went ALL DAY LONG, so it's clear that the city is taking this very seriously in 2015.
I've tried to sum up the 8 hours of hearings here! All who were there, please jump in with corrections!
What’s Legal and Illegal?
The City Council reiterated the following categories of LEGAL SHORT-TERM RENTALS (based on clarifications to New York’s Multiple Dwelling Law made between 2010 to 2013):
- Homesharing where a main resident (owner or leaseholder) is staying on premises – assuming this is not prohibited in said resident’s lease or coop/condo association rules
- 30 day + rentals
- Any rental in a 1-2 unit building (note there was one reference to a caveat about the exemption for 1-2 unit buildings only applying to properties within 100 feet of an avenue
– this is the first I’ve heard of this, I’ll see if I can verify. Also there were some indications that at least some Council members may favor expanding the exemption for 1-2 unit buildings to 3-4 unit buildings, but no more)
* Note: although these categories may be technically legal according to NY State Law, the ECB has been levying violations and fines targeting technically legal short-term rentals (one Council Member actually said ‘can someone please tell the ECB that’ about short-term rentals in one and two unit buildings being legal).
What are the Issues?
- Safety, Security & Privacy of Neighbors: Council Members are responding to thousands of complaints by neighbors inconvenienced by transient guests. In 2014 the Mayor’s Office of Special Enforcement responded to conducted 883 inspections. Main issues are insecure building access, noise, and trash issues
- Safety & Security of Guests: The main issue here is fire safety – the fact that short term rentals aren’t required to have functioning smoke detectors, fire extinguishers, egress maps and emergency instructions.
- Affordable Housing: Council Members and affordable housing activists are concerned that the rise of short-term rentals is contributing to inflated rents and undermining affordable housing, because people are diverting entire properties from long-term to transient use. The Council sited statistics that the number of NY users renting two or more units without being present has risen by 700 in the last year to 2,764. Airbnb’s counter-argument:
They’ve kicked off thousands of users with multiple listings from the site in the last year
Most of the ‘entire property’ listings on the site are only available once or twice a year for a few days or weeks, and
Even if all the ‘entire property’ listings on the site were available full time it would have a negligible impact on the overall housing market.
For more info: hidden)/housing-guide
- Host Evictions: Council Members are concerned about constituents who are unwittingly putting themselves at risk of eviction by breaking local laws, leases or coop/condo restrictions. Several members basically accused Airbnb of ‘duping’ or ‘coercing’ users into breaking the laws
- Unfair Competition: The Hotel Lobby (Including the Hotel Association of NYC & the Hotel Workers Union) and the NY B&B Association argued that short-term rentals are unfair because we’re not paying hotel taxes. Airbnb has repeatedly offered to facilitate having hosts pay these or equivalent taxes to be negotiated as part of a legalization process.
- Airbnb’s responsibility to monitor or enforce legality of listings: Several council members expressed extreme concern that Airbnb’s business model is not concerned with tracking or enforcing the legality of its listings. Airbnb counters that there’s no possible way it can be expected to do so in 34,000 cities with different laws, many of which are unclear.
What’s being done?
- So far the Mayor’s Office of Special Enforcement is tasked with responding to 311 complaints, which result in inspections and then Department of Building & Environmental Control Board violations. A big question in the hearing was whether this office is adequately equipped and staffed. They kept insisting that given their current mandate of reacting to complaints, they are sufficiently equipped and doing a good job.
Council Members repeatedly indicated wanting that mandate to be expanded to a proactive approach to identifying and cracking down on illegal listings – especially a) individuals with multiple listings and b) buildings with multiple transient rentals.
- Airbnb brought in consultants they’ve hired to help make listings safer in terms of fire safety and emergency preparedness
- Again, Airbnb said they’ve kicked off all “almost all” of the illegal hotels/users with multiple properties, but they won’t provide data as to how many are left or how many of NY hosts are living in the properties they list.
Who does the city intend to target?
- The current system is structured and equipped only to respond to enforce the laws in cases where 311 complaints are made, but the council clearly wants to expand that to a much more proactive enforcement campaign.
- The tone was extremely negative towards Airbnb (the company), illegal hotels, and anyone renting an entire property full time on the site, i.e. diverting units from the housing stock, but very sympathetic to home-sharers renting rooms to make ends meet.
Several Council Members made comments about Airbnb ‘duping’ or ‘encouraging’ well-meaning New Yorkers to break the law and subject themselves to risk of eviction by unwittingly listing rooms or properties on the site.
- A big question was whether the city intends to target people who rent out their entire property infrequently (i.e. a few times a year while on vacation or business trips). Some Council members seemed to be soft on this, i.e. not seem to think the laws should be enforced in these cases or that there should be a limit of one short-term rental per year. Others argued that if you don’t enforce the law for this category of infrequent hosts they’d be undermining or crippling the law.
Thoughts? Questions?
6 comments•8 likes
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Andrea
Andreaa year ago
Thank you for posting this. We have our first public hearing, here in Boston, on Monday.
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Nic and Rach
Nic and Racha year ago
Here is the latest news from Raleigh .... read on
Airbnb in Raleigh. It's not over!
Nic and Rach
You showed up to the town hall. You signed the petition. You shared with others. And it worked. Earlier today, the Raleigh City Council voted to send the Airbnb issue to the Law and Public Safety Committee. Raleigh City Council is to be commended for making the right decision. This is a HUGE win for two reasons:
1. Airbnb will not be instantly shut down as some leaders requested.
2. The issue goes to Law and Public Safety Committee where it can be thoughtfully discussed. We all agree that there are legitimate concerns and issues. But we all win if we agree together to find the right solution for all of Raleigh. We need to keep moving forward as a city of innovation. I have the utmost confidence that Councilor-At-Large Mary-Ann Baldwin, who chairs this committee, will be able to listen to concerns and lead us forward.
We need your support more than ever. Here's what you can do starting today: •If you haven't signed the petition would you do it now?
•Share the petition with friends and family.
•Keep tweeting your heart out using #RalAirbnb. We can't stop now!
If you've ever wanted to pat yourself on the back for doing a great job, you've earned it today. We still have a long way to go. We need an innovative solution. But, for today, let's all celebrate this important win.
Reply Like 3 likes Delete
Tanya & Ben
Tanya & Bena year ago
I find it very interesting that there was sympathy towards in-home hosts. I'm starting to think more about the point raised above in terms of reducing rental stock when you consider the number of whole apartment/home listings in stock-limited cities. It seems like yet another mechanism to benefit the haves at the expense of the have-nots. Controversial point to raise as someone within Airbnb and who has used whole apartments as a guest, but I feel like it is something Airbnb should be looking at in terms of cumulative impact in certain cities. Not sure how you could do it in NYC.
Thanks for the update. Great that you spoke!
Reply Like 5 replies•3 likes Delete
Tanya & Ben
Tanya & Bena year ago
Evelyn, also do you agree with the airbnb perspective that most whole properties are rented occassionally in NYC? When I've been searching as a guest in many places around the world it seems most whole properties are available year round.
Bekah and Brian
Bekah and Briana year ago
I feel strongly that airBNB is downplaying this topic all over the world. It's a tough thing that few want to discuss as it brings to mind visions of little old ladies being evicted so homeowners can make a buck. AirBNB's effect on affordable rental housing is very very real in smaller cites, for certain. As an example, The housing stock in my neighborhood is comprised mainly of two family homes owned by someone who lives on one side then rents the other. An enormous number of homeowners have converted their long-term rentals from to short-term rentals, thus eviscerating the rental options for permanent residents. Additionally, those with enough money (nearly always out-of-towners) are scooping up houses faster than you can say boo, renovating them and using them exclusively for illegal STRs. I feel lucky to live on a block that is 95% inhabited by actual residents. Not every block in my neighborhood can make that claim. I have friends whose blocks are upwards of 50% STR; imagine living sandwiched between two homes being rented to groups of 4-6 people every weekend or more! That's a lot of coming and going (and partying) and there's no way it doesn't affect the quality of life for permanent residents. There is a lot of bad blood in my neck of the woods. Some went to far as to put up signs on telephone poles instructing residents to call the police whenever people were seen with luggage, which is totally insane! I've seen people yell "Go home airBNB a#$holes! " out of their cars at strangers who appear to be tourists. It's gotten quite out of hand. Full disclosure - we got licensed, but that's not a thing everyone can do because of the way the current laws are designed. Folks here all seem to agree something needs to be done and that the laws need to be reworked but it seems no one knows quite how, and for every person who says "but what about housing for the working man!" there's someone saying "it's my property and I should be able to do whatever I want with it." In a city like New York which is mostly apartment buildings, I imagine the STR effect is felt less keenly in terms of rental loss because housing is so expensive in the first place that it almost makes it a haves vs the have mores-type of situation. Down here where real estate is far cheaper and plentiful it's a whole other story.
Rick
Ricka year ago
Eek, Beckah & Brian---I'm following the New Orleans experience---that could happen here in Savannah on a smaller scale...as the historic district is small & compact & we have some of the same issues...although no one is yelling out of car windows yet!! yipes! Tourists are our bread & butter!
Bekah and Brian
Bekah and Briana year ago
There has got to be some middle ground. We just have to find it!
Tanya & Ben
Tanya & Bena year ago
It has to be something to do with quotas and densities. For that to work airbnb has to help OR cities require everyone to register. I can't see either of those happening.
Evelyn
Evelyna year ago
I have spoken about this issue in the past. It's complex and I don't know if there is a solution which will benefit everyone. I don't have a solution at all. I know if I lived in a building and half of my neighbors were renting their entire apartment on Airbnb more than 50% of the time I wouldn't like it. The building will change it's neighborhood feeling and it will be strangers coming in and out of the building. I lived in a building were we only allow owners to rent out their space, long term, for only two years.
I'm "legal" since I have a small 2 family home. Therefore per the state law I could rent out my entire home without any fines. BUT -if I was to register as a bed and breakfast I could be fined for zoning and other issues.
Airbnb has been offering the hotel & sales taxes as an incentive to the many cities. Because I don't provide hotel like amenities (daily maid service, cooked breakfast, concierge) I don't pay hotel & sales tax, at the moment. My neighbors know I'm an Airbnb home and have actually used my home for their family.
Tanya & Ben - no, I don't agree with Airbnb's position. I think the minority of hosts rent their home's on occasions. I think more and more people are renting their entire spaces.
Reply Like 1 reply Delete
Tanya & Ben
Tanya & Bena year ago
Thanks for clarifying evelyn. Strange airbnb takes this stance when you can just browse through the website to quite quickly prove their stance is wrong in an individual city.
Suzanne
Suzannea year ago
I wish more cities would follow my city's (Austin, Texas) example. They studied all sides of the issue, and came up with a compromise solution. All units that rent for less than 30 days are required to be licensed, and must pay taxes to the City and State (15% in all). There are no limits to the number of licenses for owner occupied places, but limits on non-owner occupied; it's done as a percentage of housing in each census tract- once the no. is used in the tract, no more licenses are available. Last Spring they added a third category of license for apartments and multi family properties - also with limits. Of course, HOA and condo/building rules would still apply when present.
Reply Like Delete
Suzanne
Suzannea year ago
Unfortunately, many people don't comply with the law, and don't seek licensing. There are also occasional problems for would be STR hosts in that they must have a clear COO (certificate of occupancy) to obtain a license - some people have had to bring their places up to code because of this - but it's probably a good thing for the guests' safety. The COO can be from any period of time, to my knowledge, must property must not have any non approved additions, etc.
Reply Like Delete
www.airbnb.com/groups/content/content-106080
NY Hosts Council Meeting (1/20/15) Update
Hosts - the below is a recap from host/moderator (Brooklyn Hosting Collective) Adina www.airbnb.com/groups/content/content-105801:
You can view the actual video of the hearing at:http://legistar.council.nyc.gov/DepartmentDetail.aspx?ID=6910&GUID=AAAF96D6-8CCD-46E5-9DDB-CFF23FE775DB
My testimony is on 06:11
FROM ADINA:
What a day! Thanks to everyone who supported homesharing at the City Council hearings today - especially everyone who testified (yeah Evelyn!) The hearings went ALL DAY LONG, so it's clear that the city is taking this very seriously in 2015.
I've tried to sum up the 8 hours of hearings here! All who were there, please jump in with corrections!
What’s Legal and Illegal?
The City Council reiterated the following categories of LEGAL SHORT-TERM RENTALS (based on clarifications to New York’s Multiple Dwelling Law made between 2010 to 2013):
- Homesharing where a main resident (owner or leaseholder) is staying on premises – assuming this is not prohibited in said resident’s lease or coop/condo association rules
- 30 day + rentals
- Any rental in a 1-2 unit building (note there was one reference to a caveat about the exemption for 1-2 unit buildings only applying to properties within 100 feet of an avenue
– this is the first I’ve heard of this, I’ll see if I can verify. Also there were some indications that at least some Council members may favor expanding the exemption for 1-2 unit buildings to 3-4 unit buildings, but no more)
* Note: although these categories may be technically legal according to NY State Law, the ECB has been levying violations and fines targeting technically legal short-term rentals (one Council Member actually said ‘can someone please tell the ECB that’ about short-term rentals in one and two unit buildings being legal).
What are the Issues?
- Safety, Security & Privacy of Neighbors: Council Members are responding to thousands of complaints by neighbors inconvenienced by transient guests. In 2014 the Mayor’s Office of Special Enforcement responded to conducted 883 inspections. Main issues are insecure building access, noise, and trash issues
- Safety & Security of Guests: The main issue here is fire safety – the fact that short term rentals aren’t required to have functioning smoke detectors, fire extinguishers, egress maps and emergency instructions.
- Affordable Housing: Council Members and affordable housing activists are concerned that the rise of short-term rentals is contributing to inflated rents and undermining affordable housing, because people are diverting entire properties from long-term to transient use. The Council sited statistics that the number of NY users renting two or more units without being present has risen by 700 in the last year to 2,764. Airbnb’s counter-argument:
They’ve kicked off thousands of users with multiple listings from the site in the last year
Most of the ‘entire property’ listings on the site are only available once or twice a year for a few days or weeks, and
Even if all the ‘entire property’ listings on the site were available full time it would have a negligible impact on the overall housing market.
For more info: hidden)/housing-guide
- Host Evictions: Council Members are concerned about constituents who are unwittingly putting themselves at risk of eviction by breaking local laws, leases or coop/condo restrictions. Several members basically accused Airbnb of ‘duping’ or ‘coercing’ users into breaking the laws
- Unfair Competition: The Hotel Lobby (Including the Hotel Association of NYC & the Hotel Workers Union) and the NY B&B Association argued that short-term rentals are unfair because we’re not paying hotel taxes. Airbnb has repeatedly offered to facilitate having hosts pay these or equivalent taxes to be negotiated as part of a legalization process.
- Airbnb’s responsibility to monitor or enforce legality of listings: Several council members expressed extreme concern that Airbnb’s business model is not concerned with tracking or enforcing the legality of its listings. Airbnb counters that there’s no possible way it can be expected to do so in 34,000 cities with different laws, many of which are unclear.
What’s being done?
- So far the Mayor’s Office of Special Enforcement is tasked with responding to 311 complaints, which result in inspections and then Department of Building & Environmental Control Board violations. A big question in the hearing was whether this office is adequately equipped and staffed. They kept insisting that given their current mandate of reacting to complaints, they are sufficiently equipped and doing a good job.
Council Members repeatedly indicated wanting that mandate to be expanded to a proactive approach to identifying and cracking down on illegal listings – especially a) individuals with multiple listings and b) buildings with multiple transient rentals.
- Airbnb brought in consultants they’ve hired to help make listings safer in terms of fire safety and emergency preparedness
- Again, Airbnb said they’ve kicked off all “almost all” of the illegal hotels/users with multiple properties, but they won’t provide data as to how many are left or how many of NY hosts are living in the properties they list.
Who does the city intend to target?
- The current system is structured and equipped only to respond to enforce the laws in cases where 311 complaints are made, but the council clearly wants to expand that to a much more proactive enforcement campaign.
- The tone was extremely negative towards Airbnb (the company), illegal hotels, and anyone renting an entire property full time on the site, i.e. diverting units from the housing stock, but very sympathetic to home-sharers renting rooms to make ends meet.
Several Council Members made comments about Airbnb ‘duping’ or ‘encouraging’ well-meaning New Yorkers to break the law and subject themselves to risk of eviction by unwittingly listing rooms or properties on the site.
- A big question was whether the city intends to target people who rent out their entire property infrequently (i.e. a few times a year while on vacation or business trips). Some Council members seemed to be soft on this, i.e. not seem to think the laws should be enforced in these cases or that there should be a limit of one short-term rental per year. Others argued that if you don’t enforce the law for this category of infrequent hosts they’d be undermining or crippling the law.
Thoughts? Questions?
6 comments•8 likes
Follow
Liked
Bekah and Brian
Serafina
Andrea
Lula and Larry
Deborah
+3
more
Delete
Hide
Andrea
Andreaa year ago
Thank you for posting this. We have our first public hearing, here in Boston, on Monday.
Reply Like 1 like Delete
Nic and Rach
Nic and Racha year ago
Here is the latest news from Raleigh .... read on
Airbnb in Raleigh. It's not over!
Nic and Rach
You showed up to the town hall. You signed the petition. You shared with others. And it worked. Earlier today, the Raleigh City Council voted to send the Airbnb issue to the Law and Public Safety Committee. Raleigh City Council is to be commended for making the right decision. This is a HUGE win for two reasons:
1. Airbnb will not be instantly shut down as some leaders requested.
2. The issue goes to Law and Public Safety Committee where it can be thoughtfully discussed. We all agree that there are legitimate concerns and issues. But we all win if we agree together to find the right solution for all of Raleigh. We need to keep moving forward as a city of innovation. I have the utmost confidence that Councilor-At-Large Mary-Ann Baldwin, who chairs this committee, will be able to listen to concerns and lead us forward.
We need your support more than ever. Here's what you can do starting today: •If you haven't signed the petition would you do it now?
•Share the petition with friends and family.
•Keep tweeting your heart out using #RalAirbnb. We can't stop now!
If you've ever wanted to pat yourself on the back for doing a great job, you've earned it today. We still have a long way to go. We need an innovative solution. But, for today, let's all celebrate this important win.
Reply Like 3 likes Delete
Tanya & Ben
Tanya & Bena year ago
I find it very interesting that there was sympathy towards in-home hosts. I'm starting to think more about the point raised above in terms of reducing rental stock when you consider the number of whole apartment/home listings in stock-limited cities. It seems like yet another mechanism to benefit the haves at the expense of the have-nots. Controversial point to raise as someone within Airbnb and who has used whole apartments as a guest, but I feel like it is something Airbnb should be looking at in terms of cumulative impact in certain cities. Not sure how you could do it in NYC.
Thanks for the update. Great that you spoke!
Reply Like 5 replies•3 likes Delete
Tanya & Ben
Tanya & Bena year ago
Evelyn, also do you agree with the airbnb perspective that most whole properties are rented occassionally in NYC? When I've been searching as a guest in many places around the world it seems most whole properties are available year round.
Bekah and Brian
Bekah and Briana year ago
I feel strongly that airBNB is downplaying this topic all over the world. It's a tough thing that few want to discuss as it brings to mind visions of little old ladies being evicted so homeowners can make a buck. AirBNB's effect on affordable rental housing is very very real in smaller cites, for certain. As an example, The housing stock in my neighborhood is comprised mainly of two family homes owned by someone who lives on one side then rents the other. An enormous number of homeowners have converted their long-term rentals from to short-term rentals, thus eviscerating the rental options for permanent residents. Additionally, those with enough money (nearly always out-of-towners) are scooping up houses faster than you can say boo, renovating them and using them exclusively for illegal STRs. I feel lucky to live on a block that is 95% inhabited by actual residents. Not every block in my neighborhood can make that claim. I have friends whose blocks are upwards of 50% STR; imagine living sandwiched between two homes being rented to groups of 4-6 people every weekend or more! That's a lot of coming and going (and partying) and there's no way it doesn't affect the quality of life for permanent residents. There is a lot of bad blood in my neck of the woods. Some went to far as to put up signs on telephone poles instructing residents to call the police whenever people were seen with luggage, which is totally insane! I've seen people yell "Go home airBNB a#$holes! " out of their cars at strangers who appear to be tourists. It's gotten quite out of hand. Full disclosure - we got licensed, but that's not a thing everyone can do because of the way the current laws are designed. Folks here all seem to agree something needs to be done and that the laws need to be reworked but it seems no one knows quite how, and for every person who says "but what about housing for the working man!" there's someone saying "it's my property and I should be able to do whatever I want with it." In a city like New York which is mostly apartment buildings, I imagine the STR effect is felt less keenly in terms of rental loss because housing is so expensive in the first place that it almost makes it a haves vs the have mores-type of situation. Down here where real estate is far cheaper and plentiful it's a whole other story.
Rick
Ricka year ago
Eek, Beckah & Brian---I'm following the New Orleans experience---that could happen here in Savannah on a smaller scale...as the historic district is small & compact & we have some of the same issues...although no one is yelling out of car windows yet!! yipes! Tourists are our bread & butter!
Bekah and Brian
Bekah and Briana year ago
There has got to be some middle ground. We just have to find it!
Tanya & Ben
Tanya & Bena year ago
It has to be something to do with quotas and densities. For that to work airbnb has to help OR cities require everyone to register. I can't see either of those happening.
Evelyn
Evelyna year ago
I have spoken about this issue in the past. It's complex and I don't know if there is a solution which will benefit everyone. I don't have a solution at all. I know if I lived in a building and half of my neighbors were renting their entire apartment on Airbnb more than 50% of the time I wouldn't like it. The building will change it's neighborhood feeling and it will be strangers coming in and out of the building. I lived in a building were we only allow owners to rent out their space, long term, for only two years.
I'm "legal" since I have a small 2 family home. Therefore per the state law I could rent out my entire home without any fines. BUT -if I was to register as a bed and breakfast I could be fined for zoning and other issues.
Airbnb has been offering the hotel & sales taxes as an incentive to the many cities. Because I don't provide hotel like amenities (daily maid service, cooked breakfast, concierge) I don't pay hotel & sales tax, at the moment. My neighbors know I'm an Airbnb home and have actually used my home for their family.
Tanya & Ben - no, I don't agree with Airbnb's position. I think the minority of hosts rent their home's on occasions. I think more and more people are renting their entire spaces.
Reply Like 1 reply Delete
Tanya & Ben
Tanya & Bena year ago
Thanks for clarifying evelyn. Strange airbnb takes this stance when you can just browse through the website to quite quickly prove their stance is wrong in an individual city.
Suzanne
Suzannea year ago
I wish more cities would follow my city's (Austin, Texas) example. They studied all sides of the issue, and came up with a compromise solution. All units that rent for less than 30 days are required to be licensed, and must pay taxes to the City and State (15% in all). There are no limits to the number of licenses for owner occupied places, but limits on non-owner occupied; it's done as a percentage of housing in each census tract- once the no. is used in the tract, no more licenses are available. Last Spring they added a third category of license for apartments and multi family properties - also with limits. Of course, HOA and condo/building rules would still apply when present.
Reply Like Delete
Suzanne
Suzannea year ago
Unfortunately, many people don't comply with the law, and don't seek licensing. There are also occasional problems for would be STR hosts in that they must have a clear COO (certificate of occupancy) to obtain a license - some people have had to bring their places up to code because of this - but it's probably a good thing for the guests' safety. The COO can be from any period of time, to my knowledge, must property must not have any non approved additions, etc.
Reply Like Delete