Why does Airbnb have to obey local laws?

Mike896
Level 2
California, United States

Why does Airbnb have to obey local laws?

hello, I've been a superhost for the last 5 years in Los Angeles. I've had hundreds of happy guests, with only a few unhappy guests. I have a 4 bedroom house. I live in the house and airbnb out the other 3 individually. It works. I have a very high occupancy rate and people are happy. However, due to the local laws in LA, I am not allowed to list my rooms individually like I do. If I cannot list my rooms, then it makes no sense for me to own the home, and I will have to sell and live somewhere else.

This raises a question for me: why does Airbnb have to obey the local laws? what would happen to Airbnb if Airbnb let me continue to rent my rooms like I was? what is the consequence?  Isn't Airbnb just a website and payment center?  

I would think that Airbnb would want all of their hosts renting as much as possible, so wouldn't Airbnb want to work out something with local laws to allow hosts to continue hosting?

I have friends in LA who list their Airbnb without registering with the city. somehow they get away with it. I'd rather not go that route. but I have to wonder if that's what most hosts in LA will end up doing.

10 Replies 10
Mike-And-Jane0
Top Contributor
England, United Kingdom

@Mike896 What a bizarre title question. Any company that breaks laws (local or otherwise) would not be in business for very long.

Mike896
Level 2
California, United States

yes, I realize it's a ridiculous question.  but what would happen if Airbnb let its hosts list without restriction?  would airbnb get sued? what about all of the people in LA doing it "illegally"?  somehow airbnb turns a blind eye for them?  there are hosts in LA that have a "Farm" of listings under 1 roof.

@Mike896   Airbnb doesn't hate money. Their lobbyists are constantly pushing for local regulations in major markets to be more favorable to their interests. But if they fail to cooperate with the regulations, they risk being prosecuted or fined, and local governments can use the delinquency to shore up support for even tougher restrictions. 

 

Additionally, courts all around the world have ordered Airbnb to hand over data on hosts (full name, property address,  transaction history, etc) to local governments and tax authorities. If this hasn't already happened in LA yet, it's only a matter of time before it does. Every past stay that's found to have been rented illegally will still be subject to penalties, even if the listings are no longer active.  This will come back to haunt your friends who believe they're getting away with it.

Mike896
Level 2
California, United States

please help me understand something: why is it that I can list my rooms for rent on Craigslist without any restriction or penalty, but I cannot do the same with Airbnb?  

 

why does Airbnb get so much scrutiny when it comes to renting rooms in a house?  I just don't get it. 

 

the only thing I can think of (specific to LA) is that the city is trying to reduce its population.  It's pretty much the norm to rent out your rooms in order to help pay the rent/mortgage, especially in big cities like LA.  I suppose that could create a problem where too many people are finding housing in an area that is already overcrowded. just thinking out loud...

Sarah977
Level 10
Sayulita, Mexico

@Mike896  Craigslist is a general marketplace and they don't really have an image to uphold. It's a free place to post things, it isn't a company that generates billions of dollars and has a board of directors and shareholders to answer to. If someone is listing an item or anything on Craigslist, and a buyer finds they've been scammed, Craigslist takes no responsibility for that. They might take down a scam ad that gets reported, but they don't mediate between buyers and sellers, and they don't handle the money that is exchanged. They have no relationship with their users, no standards for the products offered on their site, and no policies other than the usual stuff like posting pornography and such.

 

Airbnb exists solely as a listing service for rentals, has an image they want to portray to the public, tries to have some standards for what they promote, and as Andrew explained, they can't risk being prosecuted or fined.

 

When regulators crack down on illegal rentals, you can bet they will also be finding those ads on Craigslist and other places and shutting them down. It's just a matter of time.

 

These short term rental regs are instituted for various reasons- because there is a shortage of affordable housing for locals who live and work in the area, because Airbnbs can be disruptive to residential neighborhoods, because of hotel lobbying, because the city realizes there is money to be made by charging hosts for licensing, etc. Also when there is licensing and inspections, this can rout out places that really aren't safe- things like allowing 10 guests in a place that should only be housing 4 due to fire exits, or housing people in a place that isn't zoned for that. Regulation isn't totally a bad thing. 

 

As a home-share host myself, I can understand your frustration, although there aren't any licensing regs where I am. I would never rent my guest room long-term, because I don't want a full time roommate, and want to have it available when friends and family come to visit. So I'm not taking any long-term housing off the market just so I can make more money on short term rentals.

 

Nor am I hauling in tens of thousands of dollars in profits off my little guest room, and I'm not disturbing the neighbors- they'd never even know that girl walking to town from my house was an Airbnb guest, rather than my sister, unless I told them.

 

So it does seem like a bit much to require all sorts of licensing fees for simple home-shares, and in fact, in some places, the powers that be do make a distinction between that and entire houses taken off the long term rental market to fill with a constant stream of vacationers.

 

 

Mike896
Level 2
California, United States

you make good points.  there is a need to filter out bad hosts/listings. It's just a shame that people like me got caught up in this filter.  Now, people who would normally be my airbnb guests will either need to find other accommodations, which will likely be a bad airbnb situation or a hotel, which is much more expensive.  I wish something could be done so that I can continue to run my business. 

you might say "well, contact your local host compliance...".  unfortunately, the host compliance office here in LA is completely unresponsive. 

basically, I'm just screwed and in the anger stage.  next comes depression, then acceptance,....

Brian2036
Level 10
Arkansas, United States

@Mike896 @Mike-And-Jane0 @Sarah977 @Anonymous 

 

The official reason given for the anti-Airbnb laws in various places is that there is a lack of affordable long-term rentals which forces prices higher and exacerbates the homeless problem.

 

LA certainly has a horrific homeless problem but I seriously doubt that reducing rents on high-end vacation properties is likely to make any significant difference.

 

 I remember livin’ it up at the Hotel California for $7 a night (every seventh night FREE!) when I was trying to ship out of San Pedro and there was always plenty of room at the Hotel California and plenty of stinky homeless people who couldn’t afford even that lovely place.

 

I believe the extremely generous hotel lobby has a lot more to do with this kind of legislation than does any humanitarian concern.

 

If someone really wants to do something about the homeless situation I would suggest that they reopen the mental health institutions that were closed by a certain former President and make them less like prisons…

 

 

 

 

Mike896
Level 2
California, United States

Brian, that makes sense for homes purchased by institutions and investors that do not occupy the home (like Blackrock and Zillow).  But what about folks like me that live in the home?  Surely, people like me are not the reason that the housing prices have skyrocketed.  so why are we being punished? I didn't buy this house just so I could Airbnb it; I bought it to live in and it's close enough to my job. 

@Mike896  So has there been any organizing of home-share hosts in LA to form a lobby to talk to the authorities about having different requirements for home-share hosts than those basically aimed at investment properties, with off-site owners? If not, that would be  something to think about trying to put together. 

Brian2036
Level 10
Arkansas, United States

@Mike896 

 

I absolutely agree with you and it could be argued that what you do actually helps reduce housing costs.

 

If there were more home-shares they could turn some of those old hotels into apartments.

 

I think the laws are more aimed at eliminating hotel competitors like you.