NYC short-term rental law unconstitutional

short-term-rental
short-term-rental
Avatar of Linda Hohnholz
Written by Linda Hohnholz

A short-term rental law passed by the New York City Council violates the Fourth Amendment of the U.S. Constitution.

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 NYCโ€™s 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:

โ€ข Breaks the 4th Amendment of the Constitution

โ€ข Defies the federal Electronic Communications Privacy ACT

โ€ข Violates New York State privacy laws

โ€œNew Yorkโ€™s fight against their own residents has led them to defy the constitution and violate the rights of New Yorkers,โ€ continued Szabo. โ€œNew Yorkโ€™s Southern District Court should protect the rights of NYC homeowners. The cityโ€™s anti-home sharing laws are dysfunctional and to enforce them New York is trampling residentsโ€™ right to privacy.โ€

About the author

Avatar of Linda Hohnholz

Linda Hohnholz

Editor in chief for eTurboNews based in the eTN HQ.

Share to...