Skift Take
Lawsuits like this make us wonder if the laws we have now are appropriately equipped to address the complicated, tangled intricacies of disruptive online platforms like Airbnb, HomeAway, and their peers. They also make us long for the days when cities and platforms might better work together to apply commonsense regulations for short-term rentals.
On Sept. 2, Airbnb and HomeAway filed lawsuits against the Southern California beach town of Santa Monica, Calif., and on Sept. 6, Airbnb threatened to do the same in New York, should Governor Cuomo sign a new short-term rental advertising bill into law.
Their complaint? That Santa Monica’s strict short-term rental regulations, which went into effect in June 2015, violate the First and Fourth Amendments of the U.S. Constitution, as well as the Federal Communications Decency Act (CDA). Section 230 of the CDA protects free speech online by removing liability for an online publisher for content that is posted on their sites by third-party users in most cases.
Constance Farrell, public information coordinator for the city of Santa Monica said, “The City of Santa Monica cannot comment at this time on the complaint recently filed by Airbnb, as we have not yet even been formally served with the complaint.” She added, “However, the city stands by our Home-Sharing Ordinance. It is an expression of the city’s commitment to maintaining our housing stock for long-term residents and to preserving the character and quality of life in our neighborhoods.”
Santa Monica’s Home-Sharing Ordinance
Santa Monica’s short-term rental regulations are among the toughest in the U.S., banning entire home or apartment listings for short-term rentals of less than 30 days. The city also requires hosts to comply with a number of regulations, includin
