Refund for New York City illegal rental

[Sherrie12]

When looking for an apartment to rent in Manhattan over an April weekend I avoided all listings indicating we shouldn't tell people we were a short-term rental.  After booking, the host asked me to send my personal email so that he could send me an attachment.  The attachment had instructions to hurry through the lobby, not talk to anyone in the building about why we were there, etc.  I wasn't pleased but was so excited about the apartment I figured we could comply.

However,  this week I discovered that there is a law against many short-term rentals in New York.  The apartment we've rented has all the characteristics of what we've found to be illegal.  None of the five of us want to contribute to an illegal rental.  I asked the host if he would allow us to get a refund if we cancelled even though it was a strict cancellation policy.  He has not replied.  I sent a message to AirBnB 2 nights ago and received a response that they are working on it.  

Is there any chance we can get our money back if we cancel? Will AirBnB respond to our message (in the help section sending a message was suggested to be the most effective method of contact)?  What is the best way to resolve this?

Thank you.

[Clay-O-0]

Air BnB, home sharing has nothing to do with the price hike in rents. You have to do your research; all these articles saying home sharing is the cause are fake.

[Ornela1]

Hi Sherrie, I am in similar sitaution at this moment so please can you update us on what happened with your case? Thank you

[Justin33]

I am a NY host, let me clarify the difference between an illegal rental and breaking the terms of your landlord's lease.

ALL short term rentals of less than 30 days are illegal in New York state unless the owner is present in the apartment.  This means that most NYC listings are illegal.  This is because NY has been bought by the hotel lobby.  You can argue about whether airbnb rentals are good for the city or not, but in this case I know for a fact that it is a the hotel lobby and not concern for citizens or tourists that is the issue.

the issue the original poster had is that the airbnb host did not have the right to sublet in their contract.  this has nothing to do with legality (if they stay in the apartment too it is legal) and everything to do with the fact that the building doesn't want short term renters.

so as an airbnb guest your concern should be whether or not the host has the right in their lease to sublet - not whether it is legal in NYC, since it isn't.  Airbnb still has a thriving business though.  Renting something that isn't legal to rent won't affect you as the guest, renting something that is against the terms of the lease may get you thrown out of the building.

[Michelle1344]

Justin (in NY, NY) have there been any changes to the legailty of renting in NY with the host not in the apartment?  I have a family vacation planned and would like condo or apartment which seems impossible to find, or exhorbitantly priced (hotel suites). Do you have any suggestions?

[Edwin-and-Isabel0]

The corruptive NYC Council in bed with the hotel lobbyiest and it's union members - Just like La Cosa Nostra.

[Kristina250]

Sherri,

What was the outcome of your issue? Did Airbnb refund you?  I currently have the same issue.  I just rented an apartment in NY and after booking received the address.  Upon further research of the address I discovered the unit is located in a combination of low income and market rate apartment complex, Governed by the Low-Income Housing Tax Credit program.  This address being a multi unit dwelling is definitely illegal to rent in the state of New York aside from what other legalities are involved with it being a leased low income . The information came to my attention immediately after the 48 strict cancellation policy.  I immediately escalated the issue to Airbnb directly and also kindly requested a full refund from the host.  Both Airbnb and the host are not accomodating my request for refund.   Host basically denies it and Airbnb says I have no way to prove the claim without physically being there.  I am out of state so of course I have no way to do this.  The physical address of the building advertised on muliltiple websites as being a low income building.  I now have no choice but to contact the actual building manager/owner for their assistance. This could have been resolved by giving me a refund.  I would have minded my own business and moved on to something else. 

They still have almost 2 months for fill the reservation but now I am being forced to involve other parties and now who knows what their consequences will be!  Any help or guidance anyone can give will be greatly appreciated.

[Antonio3308]

What is the issue with a host giving you a guest the rules. I think it is very incosiderate if you stay at a place and can’t follow simple rules. People host airbnb to ensure that other have a safe place to be. I don’t understand the need to discuss your stay or business with anyone ?

[Belinda169]

Hi All

I had an 11 day Airbnb booking later this year and yesterday received a message saying it was cancelled. Not that the host cancelled it but that it was cancelled. The host has since been in contact to advise that Airbnb cancelled my booking and their  listing. This was a super host with over 200 reviews. They advised me that as they managed their own Airbnb listing and another for a friend, Airbnb did this. Has anyone else had an issue I’d heard of this? 

Belinda 

[Jamie852]

Hi Sherie,

Did you get a resolution on this? We are in the same sitruation at present. We tried to cancel once the host sent details of what we needed to do (including lying about length of stay if anyone asked). Airbnb so far have refused to get involved to help with reimbursebent.

I am wondering what recourse and next steps are best to take?

Thanks

[Sarah977]

@Jamie852  What do you mean you tried to cancel? A guest can cancel anytime they want, there's nothing stopping you from doing that.

You mean he only sent these sketchy instructions after the free cancellation window was past?

[Jamie852]

Hi @Sarah977 

Thanks, yes apologies that wasn't clear. He sent me these instructions after the free cancellation period. As soon as we received them we said we would be unable to stay under those conditions given they breached airbnb hosting policy and requested a refund.

The host has refused to refund despite a request from airbnb supportr.

We are now stuck, we've paid foir this and have no way of getting our money back.

Any advice or help appreciated.

Many thanks

[Sarah977]

@Jamie852  So has Airbnb refused to do anything about this, other than ask the host to refund? The host doesn't need to agree to refund if Airbnb decides you should be refunded. 

Many of the Airbnb reps are clueless and don't even know Airbnb policy. So be persistent until you get someone reasonable.

If I were in your shoes, I might message the host and tell him he either refunds you or you report him to the NY authorities for his illegal listing.

[Mark116]

@Jamie852  Never assume anyone at Airbnb CS knows anything about the companies policies.  If you can prove the listing is illegal/hosts actions are not allowed under Airbnb policies, then you have to 1) find the policy language that applies, include it in all of your written/verbal communications  along with 2) your evidence to prove same.

I would believe that eventually you will get your money back, assuming the listing is in fact illegal, but it may take some time and a few different CS reps.  You can also contact Airbnb on twitter and FB, which it is said, sometimes results in faster and better responses.

I agree with @Sarah977  that you could contact the host and tell them you will feel compelled to report their illegal listing if some kind of refund cannot be worked out, but be careful how such a communication would be worded.

[Helen3]

Try them on their social media @Jamie852