A Legal Battle Over Short-Term Rentals Erupts in New York City

Suddenly, the business practices of Airbnb seem to be under attack in many locations—including one of the company's most lucrative markets.

2 minute read

October 24, 2016, 10:00 AM PDT

By James Brasuell @CasualBrasuell


New York Apartments

Ryan DeBerardinis / Shutterstock

Katie Benner reports: "Hours after Gov. Andrew M. Cuomo of New York signed a bill that would impose steep fines on Airbnb hosts who break local housing regulations, Airbnb filed a federal lawsuit contending the new law would cause it 'irreparable harm.'"

"The heightened battle in New York follows lawsuits that Airbnb has filed against its hometown San Francisco and in Santa Monica, Calif., which have both moved to fine the company for illegal listings," according to Benner, in a gesture to the broad scope of Airbnb's legal battles. Airbnb has also been banned in Berlin, while fighting legal battles in Amsterdam and Barcelona. One exception is the city of New Orleans, which recently legalized (with strings attached) Airbnb rentals in much of the city.

However, given New York City's huge market for short-term rentals, the "New York law is particularly worrisome for Airbnb," according to Benner. Airbnb's legal complaint "the company contends that the law violates the company’s constitutional rights to free speech and due process, as well as the protection it is afforded under the Communications Decency Act, a federal law that says websites cannot be held accountable for content published by their users."

The article includes a lot more detail about the political battles and negotiations leading up the state's adoption of the law, as well as a preview of the battles to come.

Joshua Brustein and Christian Berthelsen provide additional coverage of the new law and the resulting lawsuit in a separate article for Bloomberg.

Friday, October 21, 2016 in The New York Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

July 2, 2025 - Mother Jones

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Screenshot of shade map of Buffalo, New York with legend.

Test News Post 1

This is a summary

0 seconds ago - 2TheAdvocate.com

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

18 minutes ago - Mother Jones

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog