AirBNB threatened to suspend my account **

[Douglas353]

I just received a notice from AirBNB threatening to suspend my account for **.  The AirBNB support person told me **

WHY IS AIRBNB TELLING ME **?   THAT'S NOT RIGHT !

In addition the information on AirBNB's web site about short term stays is WRONG and violate current short term rental laws.  

I have bookings I don't want to lose.  Why would AirBNB suspend my account when I have active bookings? 

Anyone else having the same issue?  How do I contact the AirBNB advocate/liaison person or someone at AirBNB to discuss this issue?

Thank you

**[Content redacted due to its misleading nature]

[Lisa723]

@Douglas353 I don't know. Sell and move somewhere else? 😉 I'm glad I'm not in that situation.

[Douglas353]

@Lisa723  Ha....  Ready for this?  Berkeley is enacting a new law which requires sellers of property to give first right to buy to existing tenants including time to get finding, 6 months.  They second right to purchase to the city or authorized non-profit low income housing agencies.  IF after both refuse THEN the property can be sold to the general public.

Hold on a second.  If an Airbnb guest non-str stayed at the property they MUST be offered first right to buy.  This process can take a year or more depending on the number of tenants. 

Hosters in Berkeley are waiting to see what actions Airbnb are going to take.   It's Berkeley where homes are sold with tenants living in rooms you can't evict and homes are selling for $1 million over asking price. 

[Douglas353]

@Sarah977  They can stay for two nights as long as they book 14 to comply with the law.   The guests and I both have to comply with the law.   Try your analogy again but factor in the legal requirements and the limitations of the ordering system. 

[Christine615]

Here's what it says directly on the Berkeley site:

Become a Certified Short Term Rental Host

If you rent your Dwelling Unit, authorized Accessory Dwelling Unit, or Accessory Building, for 13 days or less, you are considered a Short Term Rental and are required to register with the City based on Berkeley Municipal Code (BMC) Section 23C.22

What is a short-term rental?

An STR is the use of any dwelling unit authorized accessory dwelling unit, or accessory building, or portions thereof, for dwelling, sleeping, or lodging purposes by a paying guest. The City's STR Ordinance assumes most transient stays will be 14 consecutive days or less.
____

So bottom line is that Berkeley does NOT require a 14 day minimum. You're doing it so as to not be classified as a Short Term Rental.

If you are trying "skirt" the Berkeley system by pretending to have 14 day stays so it doesn't get classified as an STR (by offering deals for people who stay a few days but appear to stay 14) - you're breaking the intent. (Also - 7 bookings of 2 days each - doesn't meet the threshhold for Berkeley either - it's still technically an STR).

It is possible to offer only longer stays on Airbnb - you are allowed to decline people who want to rent for shorter stays if it doesn't fit your rules. Just like you're allowed to decline people who want to bring in guests over the maximum allowed. Just don't imply people can contact you on your listing for stays that are out of compliance with your stated Berkeley constraints. It's a huge red flag.

[Douglas353]

@Christine615  You are correct that is what it says.  If only it were that simple.  But you didn't finish reading the rest of the ordinance or Berkeley's Rent Control laws.  There's a lot more to read and you will see how it applies to almost all Airbnb hosters in Berkeley. 

https://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Guide_to_Rent_Control.aspx

An then there are the changes in the law which are supposed to go into effect in July. Housing the homeless  and landlords can no longer do any criminal background checks or decline to rent to convicted murders, rapists or violent criminals.

[Lisa723]

@Christine615 the city can have no legitimate interest in requiring units to be occupied for 14 nights. Presumably it would be fine with the city if @Douglas353 kept his space entirely vacant. What they are trying to avoid is a lot of short-stay turnover.  If Douglas allows people to book for 14 nights at a low rate, but not necessarily occupy the unit the entire time, this is wholly compliant with the obvious intent of the law.

[Douglas353]

Lisa, how right you are.

[Alba160]

I understand what Douglas is doing. I live in Berkeley, too. We rent two bedrooms. As I speak I can't  remember the minimum booking stated on the listing, although we don't  do less than 14 days stay. I remember how  while back I didn't  wanted to set "14 days" minimum  stay for the same reason than Douglas. We learned that only long term works for us  (and to not break the law, too). Berkeley laws are very strict, and ridiculously expensive just to wake up everyday in this part of the Bay. 

[John5097]

@Douglas353  I would be careful. Its not just the local municipality and Airbnb you have to worry about. 

In Charleston, one of the owners of a Bed and Breakfast, which is different from STR permit, and more like an Inn, actively files law suits against illegal listings he finds on Airbnb. He purchased the B&B as an investment (almost everyone is from out of state) and sues a huge number of STR with no permit. My sisters friend has a million dollar house where she lives and rented out less than 2 months a year, and she was dodging getting served for about a year. I think she finally did get served. It was kind of comical, but probably stressful also. 

I don't think it would be far fetched for an individual in the local communty,  or a group to actively search for STR that are out of compliance with the local regulations, make a reservation, then file a law suit, claiming some kind of housing hardship. You also need dedicated STR insurance if you don't know that already. ABB host guarantee is not even remotely a reliable insurance policy. 

It really looks like it would be very difficult to have any kind of rental there. It also sounds like you have lived there a long time and probably love it. Probably a great area to live but maybe not to have a rental. 

Edit: It up to each host to do their own research and select the correct settings for the listing on ABB. This topic never asked a question except how to contact ABB and I said the contact info is pinned in one of the first messages in the Help room. 

[Nina69]

@Douglas353  Sounds like a communist country that Berkeley lol 

[Douglas353]

Berkeley has been called Berzerkeley since he 1960s.