New Airbnb disclosure law in California
In a matter of a few years, Airbnb has developed a global presence that has attracted many enthusiastic supporters as well as numerous vocal critics, especially those living in the neighborhood. Interestingly, during Airbnb initial attempts to gain venture capital funding, it seems that Brian Chesky, co-founder, took his idea to seven venture capital firms – five threw him out the door after 15 minutes and the other two didn’t even return his phone call. After all, why would anyone give the keys to their house to a stranger who might be a serial killer? And today, that goofball idea has a valuation of $10 Billion.
Airbnb has also attracted the attention of government regulators who have attempted to assert some controls over what is called “hosting platforms.” One law recently enacted in California is of special interest to landlords and property managers. The law — Business and Professions Code Sec. 22590, 22592, and 22594, effective January 1, 2016 — requires a “hosting platform” to warn a tenant that subletting the tenant’s residence may violate his/her lease and could result in eviction.
A “hosting platform” is a marketplace that is created to facilitate the rental of a residential unit offered for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. Airbnb is an example of such a platform.
This law requires a “hosting platform” to provide notice to an occupant listing a residence for short-term rental that states:
“if you are a tenant who is listing a room, home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium, or apartment. Listing your room, home, condominium, or apartment may be a violation of your lease or contract, and could result in legal action against you by your landlord, including possible eviction.”
The notice must be in a particular font size and be provided immediately before the occupant lists each real property on the hosting platform’s Internet Web site in a manner that requires the occupant to interact with the hosting platform’s Internet Web site to affirmatively acknowledge he or she has read the notice.
Well, that’s the latest from California. It’s a disclosure law, one that probably doesn’t have compliance or enforcement teeth.
So, what’s the status of these Airbnb type short-term rentals in your neighborhood? Are they drawing the attention of local regulators?