Post by High Priestess on Aug 9, 2016 15:47:08 GMT
See the article:
www.abqjournal.com/821778/jim-crow-might-creep-past-tough-airbnb-policies.html
Excerpt:
Here's one comment on the article down below on the comments Section of it:
Thomas Molitor · UC Berkeley
The Airbnb business model presents a new legal challenge for sure. The Civil Rights Act of 1964 desegregated much of the federal bureaucracy and public accommodations at the state and municipal level. The controversy begins with Title II and Title VII of the CR ACT, which many feel is a violation of basic property rights. Mandating that private business owners sell their goods or services to certain individuals is a coercive intrusion by the State and a direct affront on basic private property rights. The challenge (both legal and business) is created by Airbnb itself, which clearly states in its Terms of Service "that for any reason you (host) feel uncomfortable with a guest inquiry (or when your guest arrives) you can refuse service." Secondly, who "owns the business" offering service? The homeowner or Airbnb?
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www.abqjournal.com/821778/jim-crow-might-creep-past-tough-airbnb-policies.html
Excerpt:
Airbnb itself has a policy against discrimination (and it bears repeating that it banned that North Carolina host). But the essence of its business model is that it doesn’t own the units whose rental it facilitates. It doesn’t tell its hosts how to run their businesses. That leaves a lot of room for less outspoken bigotry.
It’s not clear what, if any, federal anti-discrimination laws apply to short-term rentals. The 1964 Civil Rights Act outlaws discrimination in public accommodations, but specifically excludes from its reach any establishment located in “a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence.” Back in 1964, that described an old-fashioned rooming house. Today, it’s the classic Airbnb setup. The Fair Housing Act also prohibits discrimination, but it applies only to “dwellings,” a vaguely defined term that implies a stay measured in weeks rather than days. Consequently, most short-term rentals seemingly slide right through the net of federal anti-discrimination laws. That leaves only state and local laws, which aren’t sufficiently organized even to qualify as a patchwork.
It’s not clear what, if any, federal anti-discrimination laws apply to short-term rentals. The 1964 Civil Rights Act outlaws discrimination in public accommodations, but specifically excludes from its reach any establishment located in “a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence.” Back in 1964, that described an old-fashioned rooming house. Today, it’s the classic Airbnb setup. The Fair Housing Act also prohibits discrimination, but it applies only to “dwellings,” a vaguely defined term that implies a stay measured in weeks rather than days. Consequently, most short-term rentals seemingly slide right through the net of federal anti-discrimination laws. That leaves only state and local laws, which aren’t sufficiently organized even to qualify as a patchwork.
Here's one comment on the article down below on the comments Section of it:
Thomas Molitor · UC Berkeley
The Airbnb business model presents a new legal challenge for sure. The Civil Rights Act of 1964 desegregated much of the federal bureaucracy and public accommodations at the state and municipal level. The controversy begins with Title II and Title VII of the CR ACT, which many feel is a violation of basic property rights. Mandating that private business owners sell their goods or services to certain individuals is a coercive intrusion by the State and a direct affront on basic private property rights. The challenge (both legal and business) is created by Airbnb itself, which clearly states in its Terms of Service "that for any reason you (host) feel uncomfortable with a guest inquiry (or when your guest arrives) you can refuse service." Secondly, who "owns the business" offering service? The homeowner or Airbnb?
Like · Reply · 23 hrs