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Save NYC sublets and vacation rentals from anti-competitive bill (savenysublets.com)
118 points by rantfoil on July 6, 2010 | hide | past | favorite | 36 comments



I'd be more in favor of activism on this point if AirBnB made any effort to limit their rentals to owner-occupied apartments. Someone renting out a spare bedroom in their apartment, or a spare couch, is one thing, but someone renting out a dozen apartments that they have never lived in, as basically an unlicensed hotel, is quite different.

A good first step would be imposing a limit of one rental property per person on the site, and making at least basic efforts to enforce it.

To be fair, this is basically an NYC problem. I haven't seen nearly the same level of shadiness on AirBnB in other cities, where people renting out spare rooms and couches seems to be the norm. But in NYC, a lot of the AirBnB listings are unlicensed hotels and unlicensed hostels, not people renting out spare rooms. I wouldn't be surprised if a good number were affiliated with organized-crime groups, either, since those are the main operators of unlicensed hotels.


> I haven't seen nearly the same level of shadiness on AirBnB in other cities

London, too.


> But in NYC, a lot of the AirBnB listings are unlicensed hotels and unlicensed hostels, not people renting out spare rooms.

Why do you care?

> I wouldn't be surprised if a good number were affiliated with organized-crime groups, either, since those are the main operators of unlicensed hotels.

When renting a room is outlawed, only outlaws will rent rooms.


On the first part: because unlicensed hotels are generally unsanitary and unsafe to stay at, are often run by shady operators who may rip you off or rob you, and are a nuisance to neighbors. Also, it's essentially misrepresentation, because AirBnB portrays itself as a place where you rent out someone's room from a real person, but then you're actually renting out a room in a fleabag hotel. If I was looking for low-end hotels I wouldn't be on AirBnB!


Services like AirBnB seem interesting, but I'm curious if they pay all the same taxes that hotels do. If hotels are paying to subsidize things like stadiums, but AirBnB can get away with avoiding that, I can see how the hotels would see that as unfair and lobby accordingly.


If that were the real problem, the solution would be better enforcement of tax law rather than making the competition flat out illegal.


Or better yet, repeal the taxes that force hotel owners to subsidize stadiums, etc., which create the barrier to entry that leads to unlicensed hotels existing.


I think AirBnB et al need to make it clear that they are attempting to BE the regulatory system. The major argument behind bills like this is that regulation is a nightmare, and it's not an unreasonable one. Unless of course you understand how AirBnB works, and the kind of regulation it provides.


So their examples are someone illegally subletting their apartment (find me a Brooklyn waiter whose lease allows subletting) and someone who benefits from the taxed, regulated high hotel prices to by renting their spare room short-term. It's not terribly convincing, noble as the cause might be.


The right to sublease is guaranteed by New York's landlord-tenant law.

"A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld."

N.Y.S. Real Property Law, Section 226-b(2)(a).

So that Brooklyn waiter shouldn't be too hard to find.


Landlords in NYC are legally entitled to credit-check subtenants, among many other details.


Not a right, but it's not illegal, either. "Subject to written consent" seems pretty reasonable since the landlord does own the place.


I don't know where your reading of the law is going wrong, but I know that isn't true at all. For example, our coop did not allow subleasing of rentals.


A worthwhile cause perhaps, but flagged nonetheless.


A whole class of Internet startups, including AirBnb (YC-funded) are affected by this anti-competitive legislation pushed forward by big-money NYC hotel interests.


And people who don't want bloody temporary neighbors who have no incentive not to be dicks. Or who are visiting cities and, more often than not, want to party. Who often don't understand what it's like to live in NYC where apartments are right next to each other and just how much sound carries or how much sound they're making; drunk people are not quiet people. Or SF where I live in a nicer building but can still touch my neighbor's house when I stretch my arms out.

If they want to help people do whatever they want with their houses in the country or in suburbs, Airbnb should knock themselves out. But in the city, where they help introduce really obnoxious neighbors, they should go away.

ps -- when I lived in Yorkville, my gf and I paid $3700 for our apartment. If you think I have exactly no tolerance for loud neighbors, well, you're right. That's not even on the high end of middle class housing in that area.


I have no experience with AirBnB, but my roommate has been a Couch Surfing (http://www.couchsurfing.org/) host and has never had a problem. Most of the time it's not actually people looking to party, or at least not party in their rooms. It's mostly people traveling on small budgets leaving small footprints.


Couldn't the same thing happen though with people putting up out of town relatives or friends? The people coming through are temporary but your neighbours that are putting them up are permanent and should be in a position to set the rules.

I'd assume this has a lot more to do with hotels being undercut.


There are at least two pretty different kinds of rentals that go on on AirBnB, though: 1) people who live in the apartment sometimes taking in visitors for a few days; and 2) people who don't live in the apartment, renting out an apartment on a regular basis.

Sometimes those in #2 get consolidated so many such units are operated by one person, making more or less a quasi-hotel. And having hotel units next door to you is somewhat different than having an apartment with a long-term tenant next door to you, which is presumably what you signed up expecting.


I have little problem with them changing the rules on the second situation you listed but the first is the one that's problematic.


You are exactly the type of person I would hate to live next to, the type who moves to a city from the suburbs and tries to keep all the benefits of both.

Cities are chaotic. Cities are loud. How about if you want peace and quiet, you move somewhere where they occur naturally, like the middle of nowhere?


The same thing could be said of you. The type that moves from the suburbs and expects to have the benefits of both. Being able to be as loud as they want because no one can hear them in their single family home.

When you're in the city you have neighbors. Some are there decades and the walls seperating you can be paper thing as far as sound travels. Cities can be loud during the day, but at night the businesses are closed and the residents are still there.

Whether you are subletter, leasee, or owner keep in mind your neighbors can shut you down so be mindful of them as well.

Anyway I don't like bills that restrict people's free will like this. But from the comments on NYT I see some people support it because they don't want their building treated like a hotel. If airbnb what this bill taken down they better do something fast because, although the hotel industry wrote it, it is gaining support amongst residents.


> Anyway I don't like bills that restrict people's free will like this.

Isn't the point of all legislation to restrict people's free will in one way or another? (Just a quibble; I realize this statement is not central to your comment.)


Well there are some freedoms that have to be denied for the greater good; disallowing strangling your obnoxious neighbor, flinging shit onto the street, dumping in rivers, or pedophilia. It's part and parcel of living in a "free" society. I give up some freedoms so that everyone and I can get along.


Yes, I agree -- my point was merely that in any case, it wouldn't make sense to argue against a bill on the basis that it takes away freedoms, since that is necessarily what any bill (with a few trivial exceptions) must do. (Of course you can argue against a bill on the basis that it takes away some freedom in particular, given, for example, that such freedom has been enshrined in a founding document, &c., &c.)


I was rude to earl in my original post, and I apologize for that. I have no way to be sure what kind of neighbor he'd make, and I shouldn't draw conclusions from one post.

I grew up mostly in the suburbs or in smaller cities (Columbus, Lexington), and I've lived my entire adult life in cities (New York first, Philadelphia now.) In my experience, which is limited to those two cities, I've found that the base level of noise is higher in the cities regardless of time. Trash trucks, ambulances, police cars, delivery trucks, drunks walking home, cabs cruising for fares, and tons of other noisy events occur at all times of day and with a greater frequency than I experienced in the suburbs.

I overreacted to earl's post. I pictured him as the type of person who can't handle any late night noise, regardless of the day of week or the holiday associated. I pictured the kind of guy who won't sign the block party application, or who pins notes to your door or car.

I lived by people like the one I describe, and I can't stand them. Maybe I'm unique--one of my first apartments was within a 1.5 block radius of a very active fire station, four bars, a liquor store, and a 24 hour gas station. You get used to noise pretty quick, or give up sleeping in environments like that.

But, politically, I do have a point: I don't see why earl's right to be free from potentially noisy, short term neighbors should lead to legislation that will cripple an industry that hasn't had the time to find its legs. We're killing innovation by some to avoid possible annoyance of others.

That doesn't seem like a fair trade, or a likely one. I doubt anyone paying to spend a few nights in earl's neighborhood is really there to throw a kegger and urinate in the hallway.


Part of living in a city is exercising some basic decorum when it comes to living very close to a lot of people. When you play loud music until 2 am -- keeping your neighbor awake with a bass rumble that can be felt through the bed frame despite ear plugs that shouldn't be necessary in the first place -- you should remember that your neighbor might just have to work tomorrow.

(It might be hard to fathom, but not everybody is a college student or an unmarried 23 year old, and some people even have to get to work early on the weekends -- myself included, during crunch times).

If you can't handle treating other people living in the next room with basic courtesy, you should yourself seriously consider living in the suburbs.

I sure wouldn't want to live next to you.


Can't you just call the police on the loud people?


It makes for pretty bad neighborly relations, and they'll just behave worse the next time. The best approach is to mention it politely when you run into them in the hallways or out on the sidewalk.

However, it's still pretty rare for inconsiderate people to grow up and show some consideration just because you ask.

I've lived in cities for my entire adult life, and I find that choosing the right building and neighborhood is imperative. When I've had bad neighbors, it's rarely just one.


Yes, it's no good for longer term neighbours. But nobody seems to have a problem with them. Or, rather, the discussion was about short term neighbours not behaving.


Calling the police is a reactive measure -- you're already awake at 2am, now you're just trying to mitigate the damage and prevent it from happening again.

With a short-term tenant, there isn't a next time to prevent, and chances are good that they'll just turn the music down until the cops leave (and possibly find ways to mistreat your property in retaliation).


Yes, that's probably true.


I'm going to play devil's advocate here: Would you rather have a hostel open up next door?


At the rent he's paying I highly doubt a hostel would be profitable in that area.


There will never be a hostel. That's why it's important to go to zoning board meetings / your local planning council. Just skim the meeting notes once a month and if there are new businesses opening near you, read what they are!

In general, there is a place for people to stay and party -- and that's in business districts. Or in hotels that are subject to increased sound insulation requirements and further regulatory requirements requiring noise, with penalties for not enforcing compliance from the guests up to and including loss of licence.


I find it funny that Americans that such store in zoning laws.




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