Airbnb versus New York City. The saga continues over a subpoena for data on NYC hosts.

NYC still has 1000+ listings for entire apartments

There's been no shortage of drama between Airbnb and New York City regarding the legality of short term rentals.

It all started with a man named Nigel Warren, a New York resident who was fined $2,400 for renting out a room in his apartment on Airbnb.  Late last month, a New York judge reversed the fines in a victory for Nigel and Airbnb who had appealed the earlier decision.  It turns out that it's actually not illegal to rent out a room as long as someone is physically present in the apartment at the same time the guest is staying over.  Airbnb dodged a bullet on a technicality, although many more are likely to be shot over the plethora of vacant apartments that are rented out by landlords or property managers.

And then there's the hotel industry blowing the whistle on Airbnb hosts because they don't pay the city occupancy taxes that hotels are required to pay.  Airbnb's CEO, Brian Chesky, has for the first time acknowledged that most hosts should have to pay some sort of occupancy tax.  Could this be a peace offering move to prevent any possibility of widespread removal of all host listings?  It's important to note that what happens in New York City will likely create a new paradigm for other cities, with reports that San Francisco has also reached an agreement with Airbnb that would require hosts to pay occupancy taxes.

And with that, it didn't take long for New York Attorney General, Eric Schneiderman, to demand user data for 225,000 New Yorkers who have previously listed a room on Airbnb.  The data is being subpoenaed as part of an investigation into people who had possibly violated the law by renting out their room without being physically present.  If Airbnb does provide New York's AG with this info, we can reasonably assume that hundreds of Airbnb hosts would be served up fines or have to pay taxes retroactively.  A quick search on Airbnb's listings in New York City show that there are more than 1,000 listings even after filtering for "entire place" units only.  In theory, the vast majority of these "entire place" units are rented out illegally.

It should almost go without saying that Airbnb will not comply in an effort to protect the privacy of its community and user data.  As written on the company blog, "this demand is unreasonably broad and we will fight it with everything we've got."

The blog goes on to say, "As these conversations continue, we will always be committed to protecting our hosts' privacy and we will always stand by the hosts who are the heart and soul of this community."

Now that is an awesome company sticking up for the privacy rights of its users!  I just hope that Airbnb holds true to their battle cry, even if legal pressures begin to mount against the company to hand over its user data.