Forcing businesses to turn over private and personal customer information violates the rights of all New Yorkers. Local Law 146, a short-term rental law passed by the New York City (NYC) Council and signed into law by Mayor de Blasio in August violates the Fourth Amendment of the U.S. Constitution and needs to be amended, NetChoice says.
NetChoice filed in the court cases of Airbnb vs. NYC and HomeAway vs. NYC. Both Airbnb and Homeway are seeking preliminary injunctions against NYCโs Local Law 146.
Local Law 146 requires short-term rental (STR) platforms to disclose private and personal information of hosts who reserve STRs through them. This law is an attempt by the city government to improve enforcement of strict regulations on STRs.
However, NetChoice believes that the law has three fatal flaws as it:
โข Breaks the 4th Amendment of the Constitution
โข Defies the federal Electronic Communications Privacy ACT
โข Violates New York State privacy laws
โNew Yorkโs fight against their own residents has led them to defy the constitution and violate the rights of New Yorkers,โ continued Szabo. โNew Yorkโs Southern District Court should protect the rights of NYC homeowners. The cityโs anti-home sharing laws are dysfunctional and to enforce them New York is trampling residentsโ right to privacy.โ