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]

[Emiel1]

@Douglas353 

Can you explain in what way you are forced by Airbnb to violate local laws ?

[Douglas353]

@Emiel1   Sure take a look at Airbnb's web site about hosting in Berkeley.  Then take a look at Berkeley's str and Rent Control laws.  It's obvious what Airbnb is telling hosts to do violates the law. 

[Douglas353]

Local laws require a minimum booking.  AirBNB's software doesn't allow for a minimum booking only a minimum stay.  (Don't confuse minimum stay with minimum booking.)  If I use AirBNB's minimum stay I lose customers.  If impose the minimum booking which is clearly stated in my posting AirBNB has threatened to suspend my account when guests do not abide by the law.   The AirBNB support person told me to violate the law by allowing guests to stay for less than the minimum or lose bookings by imposing a minimum booking. 

I have not had a problem abiding by the law with the min stay vs. min booking issue.  It's only when guests try and book without meeting the min booking requirements stated that AirBNB is penalizing me.   This is a bug with AirBNB software.  AND the info on AirBNB's web page in wrong which is telling people they can violate local laws. 

Are you with AirBNB?  Or are you a customer? 

[Lisa723]

@Douglas353 what is the difference between a minimum booking and a minimum stay, and why/how do you lose customers with a minimum stay?

[Lisa723]

@Douglas353 btw you are currently advertising a "remolded bathroom".

[Michelle53]

@Douglas353   I'm a little confused, too, about "minimum booking" vs "minimum stay". 

The Orinda Urgency Ordinance 19-08 (which I found using an online search) says (paraphrasing) that :-

SECTION 4

1. The property must be registered

2. The property must be owned by the host and it must be the host's primary residence

3. The host personally lives on the property when used for short term rentals

4. The host must be present to monitor and regulate activity, including meeting guests on arrival

5. Duration of the short term rental is at least two nights

And a few other things.

Here's the ordinance :-

https://www.cityoforinda.org/DocumentCenter/View/2637/Ordinance-19-08?bidId=

"At least two nights" is a minimum stay. 

[Michelle53]

@Douglas353 Never mind - disregard. Sorry. I see your listing is in Berkeley not Orinda. 

I looked up Berkeley. Here's what I found. 

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.

Is my unit eligible?

To use a unit as a short-term rental, it must be:

• your primary residence
• approved by the property owner if you are a tenant
• covered by liability insurance of $1,000,000
• located in one of the following zones: R-1, R-1A, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU, C-DMU, C-1, C-NS, C-SA, C-T, C-W, MUR - Including any of these zones with an H overlay (use our parcel information lookup tool to learn what zone you are in)

https://www.cityofberkeley.info/str/

From the FAQ:

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.

I believe your listing requires 14 days, and it doesn't appear to me that the ordinance requires that. 

[Douglas353]

Michelle53  thank you for your reply.  That's only part of the ordinance, there's more to it than what you posted.  What's on AirBNB's web site is out of date and what's posted in now violates city ordnances.  AirBNB has or had an AirBNB ambassador or liaison for Berkeley.  I meet with him several times when City of Berkeley was trying to make AirBNB illegal in Berkeley. 

Does AirBNB still have ambassadors?   Folks in support don't have a clue. 

City of Berkeley really cracked down on strs.  If was ever rented for more than 14 days over the past 14 years it cannot be a str.  Panatelas are stiff.

In my listing I state a 14 day booking is required.  This way I am complying with the law.  A 14 night booking is different than a 14 night stay. 

The issue I'm having is people are requesting a 2 or 5 night booking when my listing says 14.  I then offer them a 14 night booking and they decline.  AirBNB is penalizing me saying I've turned down too many guests.

I've had several AirBNB guests say with me who booked 14 nights and stayed for less.  If I implement AirBNB's 14 night stay I would have lost out on several guests staying with me.  Why is AirBNB threating to penalizing me when it's the guests who aren't complying with the terms stated in the listing? 

That's just not right. 

[Sarah977]

@Douglas353  You still haven't explained how you think a booking means something different than a stay. It doesn't. 

You are not being threatened with suspension because Airbnb wants you to contravene local laws, you are being warned because you are declining too many guests.

These requests for fewer nights you are getting can't be Booking Requests if you have your minimum stay set to 14 nights. It isn't enough to just state it in the listing info.

If your minimum stay is set to 14 nights, no one can send a Request for less nights. They have to input the dates and they won't be able to input less days than your setting. I suspect what you are getting are Inquiries, not Requests. 

You do not have to decline Inquiries. All you have to do is message the guest back. That counts as a response.

If it does come through as a Request, which it shouldn't, explain to the guests that your listing clearly states minimum 14 day booking, and ask them to therefore please withdraw the Request asap, so they will be free to find a place that can accommodate the length of booking they want. If you can get them to withdraw it before the 24 hour response window is up, you won't have to decline.

[Christine615]

@Douglas353I'm trying to understand but I really don't. You say that the City of Berkeley states that if it was ever rented for more than 14 days over the past 14 years it can't be an STR.  It doesn't say 14 consecutive days according to your post. So why would you advertise on a short term rental site, a 14 day booking is required?

I think you need someone to help you with this because I think you're misunderstanding both the platform and the local laws.

I used to be a long term landlord and I get they're trying to prevent conversion of rental stock to STR's. But I think you aren't interpreting the laws correctly or Airbnb's response to it. They don't have a minimum booking requirement to be on the platform.

[Douglas353]

@Christine615  Sort of.  It's if the unit has ever been rented for more than 14 days in the past 10 years, it cannot be a str.   The 14 consecutive days is for a booking of a str or non-stor in Berkeley.  

I completely understand Berkeley's rent control laws.  As well as the war the City of Berkeley and City of San Francisco waged against Airbnb.  Airbnb had a special liaison who had meetings with to tell us about the negotiations Airbnb and the cities were going. 

Were you a long term landlord in the City of Berkeley?  Or a landlord in another city.  (Huge difference)

The issue is Airbnb's reservation system hasn't kept up with City of Berkeley's str laws.  And the customer service folk at Airbnb don't really know how Airbnb's reservation system really works.  So as someone posted they make-up answers.  

[Sarah977]

@Douglas353  I also don't understand what you mean by there being a difference between minimum booking and minimum stay. If you set your minimum stay length to 14 days, and maximum to whatever you want over 14 days, no one can book less than 14 days. 

I also don't understand what Airbnb was threatening to suspend you for.

[Douglas353]

The City of Berkeley requires a 14 day booking not stay.  If I implement 14 night minimum I'm loosing out on hosting guests who are requesting shorter stays.  In my listing I clearly state guests need to book for 14 nights.  (Even if their stay is for less.)  You get the difference between booking and staying.... right? 

AirBNB has threatened to suspend my listing for not accepting people who are only willing to book for 2 or 3 nights.  Why is AirBNB penalizing me when it is the guest who is refusing the stay? 

[Sarah977]

@Douglas353  No, I don't get what you are saying. You seem to be saying that you want guests to book for 14 nights minimum, pay for that, yet then they can leave after 7 days, or whatever, and you'll refund them? It's a strange way to do business.