103 Iowa L. Rev. 817 (2018)

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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 far 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 non-commercial short-term renters (allowing the latter and outlawing the former); and (3) enabling individual neighborhoods to opt out of allowing non-commercial short-term rentals via a petition and subsequent hearing.