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.

[Marzena4]

Airbnb is going into trouble like that in many U.S. cities, @Sherrie12. You shouldn't have booked through Airbnb. 

As for contacting Airbnb, try Tweeter - it's the quickest. And you'll have to be firm. It shouldn't go under yor cancellation, but a cancellation by Airbnb or with the host at fault.

[Stephanie365]

Why should she not have booked through AirBNB? It's not HER fault that the host was particularly sneaky about the details of the listing.  Sherrie said she tried to vet the listings to avoid the ones that appeared illegal.

It is believed that approximately 50% of all short-term rentals are illegal in New York, which means that about 50% are legal. And unless you're an expert on NYC regulations, I'm not sure how someone from out of town would know the difference.

[Ekta1]

I’ve had a similar situation but I’m actually in the appartment and being questioned by the super - I’m uncomfortable to stay but Airbnb won’t let me leave and are saying if I declare the illegaility there’s a chance the person will be evicted so I shouldn’t do it!!!!

[Anonymous]

If you want to support the hotel lobby in funding corrupt politicians to use their laws to "crack down" on home-sharing-- then yes, avoid AirBNB and soon enough you'll be forced to stay in overpriced hotels (approx 3X the cost on average vs Airbnb) with 1/3rd the space and 0/3rds the character. 

[Anonymous]

If you want to support the hotel lobby in funding corrupt politicians to use their laws to "crack down" on home-sharing-- then yes, avoid AirBNB and soon enough you'll be forced to stay in overpriced hotels (approx 3X the cost on average vs Airbnb) with 1/3rd the space and 0/3rds the character. 

[Helen3]

 Oh @Anonymous don't be so over dramatic. Lots of cities have regulations for short term lettings that landlords have to abide by.

New York has had regulations governing short term lets for many years, it's just that many New Yorkers were happy to break the law and the city did little to enforce the legislation.

My understanding is that the city has introduced legislation whereby hosts who live on the premises can let out their homes. 

If you don't I understand in certain circumstances you can apply for a permit.

Yes of course there is an active hotel lobby but there are also local communities with valid concerns about the impact of the STR market on house and rental prices and their local communities.

It is not home sharing they are cracking down on, but absentee landlords buying up property and turning them into STRs.

[Anonymous]

I admire your ignorance actually -- I wish I shared it so I wasn't so angry about this. Everything is about money. Everything. This is about hotels not making as much money as they would like. The minute you start to make excuses for the behavior of Bill Deblasio's "Office of Special Enforcement" where he has staffed teams of fake cops to go and harrass people in their homes because the hotels don't want competition -- you are adding to the problem. What they are doing in New York is different than any other city. We have these "inspectors" which are really NYPD officers in slightly different clothes going around harrassing people inside of their homes. They have badges and guns and use legit intimidaation tactics to get tourists to admit to what they need to write the ticket. They also demand to come inside and inspect your home for the sole purpose that they can write you a ticket for lack of hotel safety requirements (like springlers and means of exit), so they can rack up the fines moreso than just for "homesharing" which is just a measly 1,000 fine -- it's not enough for them, they want to average 5,000 in fines for each violation. Almost overnight New York became the most "harsh" on hosts probably in the world. And I only say harsh to appease you in your believe that some levels of "crackdown" on homesharing is necessary which of course it is not. It is all about money. 

[Ryan792]

Because it's bull**bleep**, I live in NYC and my rent is now skyrocketing because assholes rent illegally and chill all day. It's damaging the state of the housing now too, with all the wear and tear new buildings are trampled in 2 years. I dont give a **bleep** if people airbnb but when its in an already overpriced city its makes life suck for people that actually live there which kills the city. Long term thinking..

[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.

[Ryan111]

The average rent price in an area with airbnb goes up by 1%.  Inflation and the cost of living in NYC is the actual reason rent rises.  But nice try!

[Ryan111]

double post and can't delete.

[Carlo48]

Complete agree with you statement , hotel industry , bought lawmakers to make the law under there  need and removed all competitors ." evil "communist state 

[Wettlaufer0]

This comment is very narrow minded and only sees the negative sides of regulation. Airbnb is destroying whole cities especially in Europe where it became impossible for natives to afford housing. It's not about full or no ragulatiin but about good regulation.

appearently airbnb does not require users to prove the legality of their offers and, in my view, they fail the responsibility they have takin into account their dominating market position.

[Edwin-and-Isabel0]

This city can't  even take care of its homeless population but would perfer to house them in thrifty hotels at 3 times the average price of what it would cost you at an Airbnb pad at tax payers expense.