Airbnb is not a passive online platform, but an active and knowing participant in the illegal short-term rentals of our apartments.
Quote from Apartment Investment & Management Co. (Aimco) in an article on PhocusWire this week:
Lawsuit against Airbnb dismissed, but battle isn’t over
“Complicit” here would be how Aimco characterizes the home-share giant’s involvement in what the landlord company views as illegal subletting of its properties.
It’s a claim Airbnb not only disputes, but has also legally triumphed over - for now.
A California judge dismissed Aimco’s case against Airbnb on the grounds of the Communications Decency Act, which protects online service providers from liability for user content.
And while Aimco lost that battle, it’s not giving up the fight and is pursuing further legal options in California and also with litigation in Florida.
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This may be one case in one area, but such confrontations show that the private accommodation behemoth has a long way to go if it wants to appease others around the world accusing it of upheaving the short-term rental market.
By striking deals with a number of authorities, such as in Amsterdam, where it worked to introduce regulations (including a tax) for hosts, Airbnb has made moves that have helped put it on par with local hotels and soothe furrowed brows.
There are some that suggest cases such as Aimco’s – which argues Airbnb, and not individual hosts, is responsible when tenants violate lease terms - illustrate the work that needs to be done before it can list on the public markets, but it is worth noting that many online travel agencies regularly battle with local authorities over tax regimes and other regulatory issues.