Post by High Priestess on Sept 7, 2016 14:18:30 GMT
We all have some gripes and complaints about Airbnb...but one thing I have to be grateful for, is the power Airbnb has, which we "little people" don't have, to push back against over-controlling, invasive governments.
www.nydailynews.com/news/politics/airbnb-threatens-suit-cuomo-signs-bill-restricting-ads-article-1.2780547
As some of you may have heard, the New York legislature passed a bill making it ILLEGAL to simply put up an advertisement for a short term rental, if the accomodations you are offering are not permitted per New York law. As I wrote elsewhere, it's one thing to prohibit people to actually do short term rentals of certain types of properties. One can argue that such regulations may be reasonable. But it is quite another thing to prohibit people to simply put up an advertisement for such a listing, without proving that they ever actually took a short term rental. As I wrote previously, to ban advertising is an encroachment upon our First Amendment right to free speech, and such acts by a government would set a dangerous precedent in trampling on our First Amendment rights.
Airbnb's legal team agrees, and this is one of their arguments:
www.nydailynews.com/news/politics/airbnb-threatens-suit-cuomo-signs-bill-restricting-ads-article-1.2780547
As some of you may have heard, the New York legislature passed a bill making it ILLEGAL to simply put up an advertisement for a short term rental, if the accomodations you are offering are not permitted per New York law. As I wrote elsewhere, it's one thing to prohibit people to actually do short term rentals of certain types of properties. One can argue that such regulations may be reasonable. But it is quite another thing to prohibit people to simply put up an advertisement for such a listing, without proving that they ever actually took a short term rental. As I wrote previously, to ban advertising is an encroachment upon our First Amendment right to free speech, and such acts by a government would set a dangerous precedent in trampling on our First Amendment rights.
Airbnb's legal team agrees, and this is one of their arguments:
The letter Airbnb sent to Cuomo and legislative leaders, says the bill violates the First Amendment constitutional right to free speech as well as due process protections for those who may not realize the units they are advertising are illegal under state law.
In addition, the proposed law wrongly seeks to regulate publishing activities that may occur outside the state's borders.
Aside from the legal arguments, the letter argues the bill is bad for New Yorkers.
"The overwhelming majority of those engaged in home sharing in New York City are middle class New Yorkers looking to use the income to help make ends meet,"
But in imposing fines of up to $7,500 per violation, Chesnut says the bill fails to distinguish between individuals who occasionally share their home and commercial operators.
In addition, the proposed law wrongly seeks to regulate publishing activities that may occur outside the state's borders.
Aside from the legal arguments, the letter argues the bill is bad for New Yorkers.
"The overwhelming majority of those engaged in home sharing in New York City are middle class New Yorkers looking to use the income to help make ends meet,"
But in imposing fines of up to $7,500 per violation, Chesnut says the bill fails to distinguish between individuals who occasionally share their home and commercial operators.