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]

[Douglas353]

@John5097  According the Airbnb they don't have a problem with it.  And as for the City of Berkeley we are fully registered and in full compliance of the law. 

Everyone in every other city around the world either benefited or is suffering over the legal battle Airbnb had with City of Berkeley and San Francisco.   It was quite a battle.  Napa/Sonoma wine country has a 30 day here as well.

No guest complained that I know of.  I know I declined one guest because they were a party of 3 with a young child.  It clearly states no kids and max of 2 people.  Did they ding me for that?   I think it's the pattern.  I have people that read the 14 day booking and then book for 2 or 3 days.  I will respond offering a 14 day booking with special discounted rate.  I've had five phone calls from Airbnb CS over this today.  And I think what's going on is when a guest doesn't accept the special offer it's turned into a Decline and penalizes me. 

I just got a message from CS saying if people don't accept the special offer to call them and have them cancel the booking so it won't go against me.  But the guy made is sound like the ding is going to go against the guest. 

Thanks

[John5097]

@Douglas353

You had great reviews and appreciate the info there on Bay area STR history. I think our city looked more at other popular tourist destinations. Regardless Berkely is a college town and that's going to be a major factor in the policy. 

Just off the top of my head, if guest book 14 days with special offer it would be for a nightly rate. So most of the nights would need to be refunded. 

However ABB caught on they aren't going to want their guest entering into special deals through the message center. Guest may have just called to see if it was ok, as other host claim. 

People do all kinds of tricks up their sleeve to get around zoning. 

My mom's next door neighbor in a town house has been renting out her's for years and the only thing that shut her down was the pandemic because she rents rooms then stays somewhere else. My mom could report it but just not her style. There are so many around here, one even almost duplicated my listing title but why get involved with all that. Its not like her guest are waking me up or something, and why tangle with people. The most important thing for me is to be insured in case something happens.  

Sorry I wasn't able to offer more advice. Best of luck moving forward with your plans. 

[Douglas353]

@John5097  Hold on a second, let me clarify something.  I'm not private messaging guests with special offers, I'm using Airbnb's reservation system.   This is from memory so work with me.  There's a flat out Decline, Special Offer, Dates Unviable and I'm not comfortable with the guest. 

Are you saying if a click special offer that's the same as a Decline?  Even though I'm not declining? 

[John5097]

@Douglas353 

"Hold on a second, let me clarify something.  I'm not private messaging guests with special offers, I'm using Airbnb's reservation system. "

You can also change the setting to 14 night minimum to be in compliance with your municipality. As it is now you have it set at 2 nights minimum. 

You know the adage don't throw stones in a glass house. 

[John5097]

@Douglas353 

I had to apply for a STR permit to rent less than 30 days. If I didn't get it I wouldn't list it on ABB. There would be too much risk if insurance decided to deny the claim. 

If our zoning wasn't so strict I would invest in other STR properties but as it is the permitting is the major hurdle. I also wouldn't want to waste people's time ranting and raving a bunch of nonsense if I was the one not in compliance with my local ordinance. Move on and do something else. You always need a plan B when using STR. Not try and bamboozle everyone wasting everyone's time, if you can simply rent for 14 days. 

[Douglas353]

No, it's not Berkeley, it's Airbnb.  You need to read the ordinance.  The City or Berkeley just like the City of San Francisco and Airbnb have been duking it out over str , rent control laws and housing for the homeless.

Airbnb's reservation system doesn't allow hosters the flexibility required by the City of Berkeley.   Different properties and even different units at the same property DO have different booking reequipments. 

[Michelle53]

@Lisa723   My own reading of the ordinance doesn't indicate that Berkeley imposes a minimum stay (or booking or whatever language @Douglas353  wants to use). Bold, italics and underlines are mine. 

This is from the Berkeley City Website FAQ.  Of course, there is more. 

https://www.cityofberkeley.info/Planning_and_Development/Land_Use_Division/Short_Term_Rentals_-_Freq...

1. What is a Short-Term Rental (STR)?

An STR is the use of any Dwelling Unit, authorized Accessory Dwelling Unit or Accessory Building, or portions thereof, for sleeping or lodging purposes by a paying guest for less than 14 consecutive days. This use is commonly associated with an online rental platform (e.g. Airbnb, HomeAway, VRBO), but can also be rented without the assistance of a third party service.

A Dwelling Unit is defined as a building or portion of a building designed for, or occupied exclusively by, persons living as one household. See Question #6 for definitions of ADUs and accessory buildings.

2. What is the STR Ordinance and who does it apply to?

The STR Ordinance describes the regulations that apply to the operation of STRs. It applies to anyone who rents all or a portion of their property for stays of less than 14 consecutive days.

3. I allow guests to stay 14 days or more.  Does the STR Ordinance apply to me?

Yes, unless you become a landlord.  A Short Term Rental (STR) may be rented for up to 90 days (not necessarily consecutive) during a given calendar year without the Host present, or for any length of time when the Host is present. The City's STR ordinance assumes most transient stays will be for less than 14 consecutive days, in part because Berkeley Rent Control Law states that an individual renting a residential rental unit for 14 consecutive days or more may be considered a tenant with certain rights and tenant protections: https://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Guide_to_Rent_Control.aspx.  Single-family residences are often exempt. However, an STR Transient could attempt to secure rights under this law. State landlord/tenant law may also apply as to rental units and boarders: http://www.dca.ca.gov/publications/landlordbook/whois.shtml. You are encouraged to consult an attorney or other specialist if you have any questions about applicable law.

4. Who can operate an STR?

You can operate an STR if you meet all of the following requirements:

A) The dwelling to be rented is your primary residence
B) You either own the property or have written permission of the owner to use the property as an STR; and
C) You have obtained a Zoning Certificate for your STR from the City of Berkeley

[Lisa723]

@Michelle53 The OP didn't ask for advice about interpreting local laws, and I don't know anything about them. What I know about is Airbnb so limiting my remarks to that.

[Michelle53]

@Lisa723  I think you are basing your advice on @Douglas353  's representation. Which is perfectly fair.  

I'm just confused about @Douglas353  's representation, since the facts as I read them seem to differ from his representation. 

It's hard for me to think about advising him if the  facts of the situation are unclear to me.   Maybe it's clear to everyone else, and I didn't eat my wheaties   😉

[Douglas353]

@Michelle53  Read what Airbnb has posted on Airbnb's web site about hosting in Berkeley.  What's Airbnb is telling hosters violates the laws.  Airbnb on their web site is explicitly telling hosters to break the law.

[Douglas353]

What's been posted is an excerpt from the City Ordinance.   What has been left out of the post are the Rent Stabilization Board requirements.  It's Berkeley, we have the strictest rent control laws in the world.  This is why Airbnb and City of Berkeley went to war over it.

[Douglas353]

@Michelle53   You need to read the rest of the city ordinance  AND Berkeley's Rent Control Board laws.  Berkeley is a college town and has been of over 100 years.  To be a str the dwelling MUST not have been rented for more that 14 days over the past 10 years.  (And the Rent Stabilization Board has those records.) 

In a college town with a housing shortage any idea how many dwellings an be a str?  I'm not saying there are not any, but the city wants us to house the homeless NOT Airbnb guests.   If you are a hoster would you host the homeless? 

[Michelle53]

@Douglas353   I guess that would be a rhetorical question, since I'm not hosting in Berkeley.   It's no use being upset with me. If you (and other hosts) have issues with local ordinances, all you can do is take those issues up with your local city government.    

Ordinances are getting stricter all the time  because of the scofflaws and rule breakers, not the people trying to run an honest business. 

It wouldn't help your case or Airbnb's case if hosts were doing things outside of city ordinance, so there's nothing in it for anybody to advise someone to break the law. 

I'm going to respectfully decline to spend any more time on this. 

[Douglas353]

@Lisa723   EXACTLY!

But Airbnb is threating me with cancelations for declining stays for a few nights.  But I'm NOT declining the stay.  I explain the law to them and offer a legal stay for a special rate.  But then the guest doesn't accept or reject which then shows the dates as unavailable. 

At first Airbnb told me to accept the booking KNOWING this violated City of Berkeley's laws.  They then told me what I was doing was fine. 

[Lisa723]

@Douglas353 if I got the problem right, then in your shoes this is what I would do. I would set my minimum stay to whatever your real minimum stay is.  I would change the wording in the listing description to be extremely explicit, e.g.:

"We can host only one stay in any 14-day period, per local law. Therefore, if you wish to stay for fewer than 14 nights, we will send you a special offer to book for 14 nights, at a discounted rate assuming only the dates you plan to actually occupy the space. This does not in any way obligate you to occupy the space for the additional nights; it just keeps us in compliance with the law. PLEASE DO NOT REQUEST TO BOOK FEWER THAN 14 NIGHTS IF YOU ARE NOT COMFORTABLE WITH THIS PROCEDURE."

Then, if you still get requests from people unwilling to comply, I would (politely!) ask them to withdraw their requests, rather than just decline your special offer.