Fed. Court in NY Enjoins Enforcement of Short-Term Rental Regulations on Fourth Amendment Grounds

This post was authored by Edward J. Sullivan, Esq.             Airbnb, Inc. v. City of New York, Nos. 18 Civ. 7712 (PAE), 18 Civ. 7742 (PAE) (Order on Motions for Preliminary Injunction, January 3, 2019) resulted in the issuance of a preliminary injunction in the enforcement of a New York City ordinance that required home-sharing “platforms” to provide on a monthly basis “voluminous data regarding customers who use their platforms to advertise short-term rentals (‘hosts’)”.  Plaintiffs claimed they do not engage in short-term rentals themselves, but rather act as brokers, receiving commissions for transactions made in their platforms. Both Airbnb and Homeaway, Inc. have similar operations.  Potential short-term renters are told that their personal information would be made available only in response to valid legal requests, including those from government agencies. Potential…

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