Judge Blocks New York City Law Aimed at Cracking Down on Airbnb
byJessica Montevago/
上周,联邦法官阻止了纽约市打击短期上市地点的努力,Airbnb与纽约市之间正在进行的传奇继续进行。
The City Councilunanimously passeda law in July that, beginning in February, would have required Airbnb and similar websites to provide city officials with information on every short-term listing in the city, including hosts’ addresses and identities, in order to crack down on those that violate New York’s short-term rental laws.
Mayor Bill de Blasio signed the law in August, saying it would help combat illegal hotel operators who are reducing affordable housing.
Airbnb and another home-sharing site, HomeAway, quickly filed a lawsuit, asserting the bill was unconstitutional for violating the privacy of law-abiding hosts.
Judge Paul A. Engelmayer, of the United States District Court in Manhattan, granted Airbnb and HomeAway’s request for a preliminary injunction, stopping the law from going into effect, because it potentially violated the guarantee against illegal searches and seizures in the Fourth Amendment.
“The city has not cited any decision suggesting that the governmental appropriation of private business records on such a scale, unsupported by individualized suspicion or any tailored justification, qualifies as a reasonable search and seizure,” Judge Engelmayer wrote in a 52-page decision.
The law would have also required hosts to list whether the dwelling is their primary residence and whether the entire unit or a portion is available for short-term rentals. Failure to provide the information would warrant fines of $1,500 for each listing that was not disclosed. It would have likely exposed thousands of listings for violating state law, which says it is illegal in most buildings for an apartment to be rented out for less than 30 days unless the permanent tenant is residing in the apartment at the same time.
Airbnb表示,这一决定“对Airbnb及其用户来说是巨大的胜利”,其中包括“成千上万的纽约人有非法监视的风险”。
禁令将一直有效,直到点燃igation is resolved. However, city officials remained confident the new law will ultimately prevail.
“The law is pointed at a real problem and we think it’s a good law. So you know, when a judge does a temporary injunction, there’s still a whole lot of legal process to be had and we believe we’ll ultimately prevail,” Mayor de Blasio said.
“我们有一个巨大的城市,在我们的社区中有很多Airbnb活动,不幸的是,许多虐待的例子。并实施强大的数据方案使世界上所有的意义。”