As time presses on, Airbnb and its hosts find themselves increasingly ensnared in a web of legal complexities. These hurdles loom not on the distant horizon, but are descending with full force right now, affecting the platform and hosts across the globe.
Worldwide, regulatory authorities are tightening their grip on short-term rentals. In Australia, Airbnb is staring down the barrel of a $30 million fine. In Italy, the company is grappling with a hefty €576m in back taxes on past bookings. In Barcelona and Britain, hosts are either coping with fines or living under the shadow of potential penalties.
Let’s delve into the heart of these issues, shedding light on what hosts need to know to build and sustain their business amidst these trials.
Airbnb’s Ongoing Legal Challenges
Tax Dispute in Italy
The €576 Million Settlement
According to Italian prosecutors, Airbnb failed to comply with a 2017 law that required short-term rental platforms to collect 21% of landlords’ rental income on behalf of tax authorities. This led to an order to seize €779.5 million from Airbnb’s European headquarters in Ireland.
Airbnb has agreed to pay €576 million ($621 million) to Italian authorities, putting an end to a drawn-out tax dispute.
The settlement covers host withholdings between 2017 and 2021. However, discussions over tax obligations for 2022 and 2023 are still underway. In response to the settlement,
Future Measures and Impact on Hosts
Airbnb announced plans to introduce new tools that will allow automatic withholding of taxable income from hosts before paying it to Italian authorities. Additionally, starting next year, the Italian government will implement a national identification code for short-term rentals to clamp down on tax-evading landlords.
Airbnb stated it was not looking to recover money from hosts and expressed hope that the resolution would ease tensions with Rome.
This incident underscores the challenges Airbnb faces from regulatory bodies, particularly following the post-pandemic travel boom. Other cities like Florence and Venice have also imposed restrictions on new Airbnb listings due to an overwhelming influx of tourists.
Fined in Australia for Misleading Pricing
The Issue and The Company’s Response
On its Australian platform between January 2018 and August 2021, Airbnb displayed prices using a “$” symbol but failed to make it clear that these prices were in US dollars and not Australian dollars. Consequently, around 70,000 customers were misled into believing that the prices were in Australian dollars.
Airbnb admitted to breaching Australian consumer law early on in the case. The company attributed the issue to a software bug that failed to default customers in Australia to the local currency.
The company has been ordered by the Australian Federal Court to pay a fine of A$15 million ($10.1 million) for making false or misleading claims. It also faces up to A$15 million in compensation to affected customers, with an approximate average of A$230 per customer.
Eligible consumers will be contacted by Airbnb within the next 45 days and invited to lodge a claim. Airbnb’s country manager for Australia and New Zealand, Susan Wheeldon, stated that the issue had been promptly rectified by the company, and apologized to affected guests.
Legal and Regulatory Struggles: Host’s Side
NYC Landlords Sue Airbnb and Tenants Over Violations of Home-Sharing Restrictions
Two landlords on Manhattan’s Upper West Side have filed lawsuits against Airbnb and their tenants for violating New York City’s home-sharing restrictions. The landlords claim that Airbnb and the tenants are disregarding Local Law 18, which requires hosts to register with the city for short-term rentals less than 30 days.
One of the main objectives of Local Law 18 was to preserve NYC’s housing stock. The law, which was adopted on January 9, 2022, requires all legal short-term rental listings to be registered with the Mayor’s office. Its implementation since September 2023 has brought about significant changes, including a limit on guests where no more than two paying guests can stay in a short-term rental at a time, regardless of the dwelling’s size.
Airbnb had initially sued to block the ordinance when Local Law 18 passed in January 2022. However, its lawsuit was dismissed in August.
A new survey commissioned by Airbnb suggests that visitors are less likely to visit the city due to its strict short-term rental regulations. Its findings indicate that more visitors may turn to the black market for their accommodations as a result of the new regulations. The potential loss of revenue for the city is also highlighted as travelers might choose to stay with friends and family over hotels.
Airbnb has removed the listings by Dominguez and Dewald following the lawsuits. The company stated it is cooperating with the city to enforce the law and relies on the city’s verification system to screen hosts who aren’t registered.
Implications for Hosts
Local Law 18 has forced many hosts to offer 30-day rentals or list their spaces on other platforms like Craigslist and Facebook. As of October 9, 2023, the city had received an estimated 4,794 short-term sublet applications and approved only 481 applicants who met building codes and occupancy regulations. Common reasons for returns included too many people living in the residence and clear indications that the host did not live in the place.
Moreover, Local Law 18 has created entire categories of accommodations that cannot be registered as short-term rentals. For instance, apartments cannot be used as short-term rentals if they are rent-controlled, rent-stabilized, or receiving a subsidized mortgage and under the New York City Department of Housing Preservation and Development supervision, to name a few restrictions.
Implications for Guests
For guests, the decrease in short-term rental supply means fewer, often more expensive, accommodation options. They may also have to resort to booking through emerging black market listings, which can feel riskier than booking through a public host profile with reviews on Airbnb.
Airbnb’s statement about relying on the city’s verification system to screen hosts who aren’t registered raises questions about its own checks and balances in validating licenses in NYC. This could imply that numerous NYC Airbnb listings still exist without proper licenses. These unlicensed listings may eventually be removed from the platform when discovered, leaving guests who have already booked or plan to book in the near future in a precarious situation.
Barcelona’s Crackdown on Illegal Holiday Rentals
Property Owner Fined for Violations
In a recent case, Barcelona city council has fined a property owner €420,000 for illegally renting out 14 apartments in the Old Town to tourists without necessary licenses. The property owners, described as repeat offenders, had been marketing these apartments as tourist accommodations on platforms like Booking.com and Airbnb.
These illegal rentals were disguised as traditional rents and had been ongoing for several years. The council stated that this activity severely impacted other residents in the area.
To evade detection, the violators were found to be deactivating and reactivating profiles with different names, photos, and hosts on rental platforms. However, during a joint inspection by municipal inspectors, local police, and the Old Town district authority, it was discovered that 14 out of 15 dwellings in the building were occupied by tourists without a tourist accommodation license.
Changes to HMRC Rules for Airbnb Hosts in the UK
New Tax Rules from HMRC
Thousands of Britons who use Airbnb and other short-term rental platforms could face hefty fines due to a change in rules by HM Revenue and Customs (HMRC). As of January 1, 2024, these platforms will be legally required to send their clients’ earnings information to HMRC.
Implications for Hosts
Under the Government’s Rent A Room scheme, individuals can earn up to £7,500 tax-free per year by letting out furnished rooms in their property. This equates to charging £625 per month, or £144 per week. If the income is shared with a partner or someone else and they are letting jointly, the threshold is halved to £3,750 each.
Hosts need to be aware that they must declare this income if it exceeds the Government’s threshold of £7,500. Failure to do so could result in significant fines.
Not Just an Airbnb Problem, but a Challenge for the Industry
This rapid expansion of the short-term rental industry in recent years has brought with it a wave of regulatory changes aimed at standardizing the sector and ensuring fairness for all parties involved. It’s important to recognize that these issues are not limited to Airbnb but are applicable to the entire industry.
Both individual hosts and large organizations are grappling with understanding and complying with these new rules. This is a common occurrence in any fast-growing industry, but it places an onus on hosts to continually educate themselves about their obligations.
These can range from taxation rules, such as those outlined in the European Union’s VAT Directive, to reporting requirements like those in the Corporate Sustainability Reporting Directive (CSRD). Additionally, licensing requirements vary wildly from city to city, as evidenced by the diverse regulations in places like Barcelona and New York City.
For hosts, staying informed about these changes is not just helpful—it’s essential. Missteps can result in hefty fines and other penalties, as well as damage to reputations. Moreover, being knowledgeable about the regulatory landscape can give hosts a competitive edge, allowing them to navigate the industry with confidence and foresight.