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Landlord & Tenant Law

By ssalkin
June 01, 2020

City Entitled to Airbnb Records

City of New York v. Airbnb Inc. NYLJ 4/2/20, p. 21, col. 3 Supreme Ct., N.Y. Cty. (Lawrence, Special Master)

In actions brought by the city against Aribnb, the city sought user records of individuals whose postings on Airbnb's website did not result in a completed reservation for an unlawful short-term tenancy. A special master held that the city was entitled to the user records.

The city contends that unlawful short term tenancies put tourists and first responders at the risk of injury because of the failure of units to comply with the stringent fire and safety feature required for short-term occupancy buildings. The city also contended that even though the advertisements posted by these users did not result in reservations, the advertisements created liability for users because they violate advertising laws codified in the Multiple Dwelling Law and the city's administrative code.

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