Skift Travel News Blog

The implementation of New York City’s host registration law last month has enabled one landlord to win a temporary restraining order against both Airbnb and a host from listing a short-term rental in an Upper West Side apartment building that put itself on the Office of Special Enforcement’s banned building list.

An NYC home that was listed on Airbnb years ago. Source: Flickr.com/Pietro and Sylvia https://tinyurl.com/mur8ukak

The Rosenberg & Estis law firm, which represents property manager Canvas Property Group for the building owner, characterized the temporary restraining order it obtained last month as “a precedent-setting victory.”

The two sides are slated to face off over making the temporary restraining order permanent in a New York state court in late October. The plaintiff sued Airbnb and the host, who the law firm stated never lived in the 3-bedroom Columbus Avenue apartment, for damages.

The Real Deal first reported the existence of the lawsuit, adding that a second landlord filed suit, as well.

As of late August, more than 10,000 buildings had applied to the city to be put on a list of buildings where tenants would be barred from offering their apartments as short-term rentals, and major platforms such as Airbnb, Booking.com and Vrbo would be prohibited from displaying them.

Although Airbnb and the city have been at loggerheads for years over New York’s regulations, which ban the bulk of properties that were formerly listed, Airbnb and the city are believed to be now working together on the implementation of the registration law. Airbnb counts on the city’s verification system to flag illegal listings, including those from hosts in buildings where they are barred.

Airbnb had no comment on the lawsuits on Saturday.

Pending legislation in Puerto Rico would limit the use of short-term rentals in residential areas to 30 percent of the property, a move that an Airbnb official characterized as a “defacto prohibition.”

“Thousands of properties in Puerto Rico could be deleted or eliminated, which provide this service, which welcome millions of visitors to Puerto Rico, who have been part of the success of Puerto Rican tourism,” Carlos Muñoz , Airbnb’s director of public policy and communications for Central America and the Caribbean told Elnuevodia.com.

House bill 1557, which was introduced in November, would require hosts who seek to use more than 30 percent of their space for short-term rentals to apply for a permit to change the designated use from residential to commercial.

The legislation is geared to thwart short-term rentals’ sometimes-disruptive impact on neighborhoods, including house parties, affordable housing shortages, and escalating rents.

Muñoz claimed that Airbnb’s footprint in Puerto Rico represented about 1 percent of the housing stock, the story said. However, short-term rentals made up more than half the available housing in cities such as San Juan, Cataño and Aguadilla, and around one-third in other popular tourism areas in 2022, according to Abexus Analytics, the story said.

Airbnb was a key factor in driving Puerto Rico’s tourism recovery.

However, the Center for a New Economy recently conducted a study on the impact of short-term rentals in Puerto Rico after Hurricane Maria. The study found that a 10 percent increase in short-term rental density in relation to the total number of housing units, led to a 7 percent increase in median rents and a 23 percent jump in housing unit prices.