Although Airbnb is celebrating a victory over landlord company Apartment Investment & Management Co. in a lawsuit attempting to stop tenants from sharing spaces, the fight is still active.
In a December 29 ruling, a Los Angeles federal judge sided with Airbnb, citing the Communications Decency Act, which protects online service providers from liability for user content.
“Here, what allegedly makes the listings ‘unlawful,’ ‘illegal,’ or ‘offending’ is that they advertise rentals that violate Aimco’s lease agreements,” says U.S. District Judge Dolly Gee. “Airbnb hosts, not Airbnb, are responsible for providing the actual listing information.”
Aimco disputes the outcome, vowing to pursue further legal action against the home-share giant.
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“We disagree with the court’s reasoning and application of the Communication Decency Act, and we are considering all of our legal options in California,” says an Aimco spokesperson, adding that the company is engaged in litigation in Florida where Airbnb’s motion to dismiss was denied several weeks ago.
“Airbnb is not a passive online platform, but an active and knowing participant in the illegal short-term rentals of our apartments,” the statement continues.
“We will continue to do all we can to stand up for our residents, advocate for our private property rights and address the upheaval caused by Airbnb.”
Airbnb, meanwhile, is content with the ruling: “We are pleased with the court's decision that ensures Airbnb can continue to support tenant hosts who use our platform to help pay the bills,” the company says in a statement.
“The partnerships we have established with landlords have made it clear that home sharing can be a win-win situation for everyone. The Airbnb Friendly Buildings Program allows tenants to leverage their greatest expense to make extra money and can create new economic opportunities for landlords.”