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- Title
Foregoing the Cleaver for the Scalpel: How New York Can Add Some Nuance to Its Short-Term Rental Laws.
- Authors
Minor, J. T.
- Abstract
In 2010, New York passed a law that made it illegal for residents living in areas zoned as class A multiple dwelling to rent their homes on a short-term basis using services like Airbnb. Just six years later, New York went even further and prohibited the advertisement of these short-term rentals. This Note will argue that New York's short-term rental laws go too fa r in banning short-term rentals outright. In addition, this Note will discuss solutions for how New York can provide greater nuance to these laws by simultaneously addressing the legislature's primary concerns with short-term rentals and allowing New York to reap the tax and tourism benefits that these rentals provide. These solutions include (1) imposing at least the standard hotel tax on short-term renters and allowing services like Airbnb to facilitate the collection of that tax; (2) distinguishing between commercial and noncommercial short-term renters (allowing the latter and outlawing the former); and (3) enabling individual neighborhoods to opt out of allowing noncommercial short-term rentals via a petition and subsequent hearing.
- Subjects
NEW York (State); RENT; LANDLORD-tenant relations; HOUSING; AIRBNB Inc.; HOTEL taxation; GOVERNMENT policy
- Publication
Iowa Law Review, 2018, Vol 103, Issue 2, p817
- ISSN
0021-0552
- Publication type
Article