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Landlord & Tenant Law
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.
After in camera review of USB drives submitted by Airbnb, the special master determined that the city was entitled to the user records. The special master noted that Airbnb might otherwise deactivate or remove the accounts of users, which would result in the equivalent of spoliation of evidence. The special master also noted that the user records might assist the city in identifying aliases of illegal hosts.
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