Don’t book Airbnb for a busy time if you can’t afford to pay the premium when your host cancels. My Chicago stay for Saturday was cancelled yesterday and my housing costs just tripled. I’m sticking with VRBO in the future.
THis is clearly a rental community issue which is exposing the using public to activity on the cheap! THe same issues apply to Uber!!! Your personal auto policy will not cover injuries to you or your passengers if you are using that auto for any 'for hire' purposes! THat is not what the insurance companies signed up for, and as a result if you as a driver are attempting to make money, you better buy commercial coverage!
If you’re a host renting out a home or a room, tell your homeowner’s insurance company, even if you think Airbnb’s liability coverage gives you most of the protection you need. After all, your guest’s lawyer will probably sue your insurance company, too, if there is an injury on your property. Make sure that your guests know how to get out in an emergency and that your home has many alarms and is free of unnecessary hazards.
THis is the bestr advise for the Uber, HomeAway users
"Paying guests should check batteries on fire and carbon monoxide detectors, be wary of kitchen equipment or outdoor toys they don’t normally use and keep a special eye out for things that could harm small children." Also, they should buy supplemental insurance with the money they save, or just go toa commercially inspected safe environment that has its own commercial insurance paid for by commercial rates!
If you’re a host renting out a home or a room, tell your homeowner’s insurance company, even if you think Airbnb’s liability coverage gives you most of the protection you need. After all, your guest’s lawyer will probably sue your insurance company, too, if there is an injury on your property. Make sure that your guests know how to get out in an emergency and that your home has many alarms and is free of unnecessary hazards.
THis is the bestr advise for the Uber, HomeAway users
"Paying guests should check batteries on fire and carbon monoxide detectors, be wary of kitchen equipment or outdoor toys they don’t normally use and keep a special eye out for things that could harm small children." Also, they should buy supplemental insurance with the money they save, or just go toa commercially inspected safe environment that has its own commercial insurance paid for by commercial rates!
2
Actually, in Nashville, TN, the licensing of an Airbnb requires proof of extra insurance, serially wired smoke detectors in the kitchen, each bedroom, attic and basement. Further, the bedroom windows must open for a quick fire exit. The fire marshal comes, tests and inspects all of the above before the place is legal.
The cost is not prohibitive and the safety of the renter is assured as far as humanly possible.
The cost is not prohibitive and the safety of the renter is assured as far as humanly possible.
1
This was a freak and horrific accident, and the trauma suffered by Mr. Stone and his family is understandable and undeniable. But after reading HIS article it does sound like the family was able to obtain a satisfactory settlement from the owner's insurance policy and also that Airbnb and its host did not dismiss his pain or his concerns. (I would urge him to ask those who have lodged similarly serious complaints against Uber how they have fared and to write about that as well.)
But I am really curious as to why Mr. Stone believes he and his family would have had a better recourse if they were dealing with a huge hotel corporation and their lawyers. Ask the families whose loved ones were killed in accidents caused by GM's faulty ignition switch and are STILL being denied justice. http://www.natlawreview.com/article/sins-fathers-new-gm-s-liability-igni...
Mr. Stone himself admits that he has been a cheerleader-reporter for Silicon start-ups that disrupt the status quo and that in doing so, he minimized the risks inherent to such endeavors. Now he is older, wiser and unfortunately, sadder. I am terribly sorry for his tragic loss, and I hope he will continue channeling his pain into investigate reporting projects on more consumer protection issues.
But I am really curious as to why Mr. Stone believes he and his family would have had a better recourse if they were dealing with a huge hotel corporation and their lawyers. Ask the families whose loved ones were killed in accidents caused by GM's faulty ignition switch and are STILL being denied justice. http://www.natlawreview.com/article/sins-fathers-new-gm-s-liability-igni...
Mr. Stone himself admits that he has been a cheerleader-reporter for Silicon start-ups that disrupt the status quo and that in doing so, he minimized the risks inherent to such endeavors. Now he is older, wiser and unfortunately, sadder. I am terribly sorry for his tragic loss, and I hope he will continue channeling his pain into investigate reporting projects on more consumer protection issues.
This article and most of the comments express a fear of the new. People like tradition, the way things have always been done, what my parents did, what I have always done. AirBNB is new. One of the things hotels have developed over the past 150 years is an illusion -- the illusion that the rooms are safe; the hotel proprietors treat always treat their customer professionally, that because of regulations, hotels are safe and worry free. Death by rope swing can only be described as a freak accident, but the hotel industry is touting it as if people are never raped, murdered and robbed in hotels. I hope AirBNB succeeds because it forces hotels to get their act together and offer a service that matches the price.
2
Accidents and law suits are old.
Life is risky and temporary for all. I'd think that people would have finally gotten sick and tired of paying $1 to government for a few cents of benefit.
I started my company, Vijilent, after my house was vandalized by an Airbnb guest - $18k in damages. Fortunately no one was hurt, but I knew something needed to be done. I've been doing predictive analytics for years, so I now I run a custom algorithm every time I invite a stranger into my home (yes, I still use Airbnb). I love the sharing economy, but it needs to be safer. Insurance may cover the cost of losses, but why not prevent them upfront?? We want to encourage more sharing, but also more safety so we've made the app free for anyone to use. Wouldn't you want to know more about who you let into your life?
4
It was a freak accident statistically-wise, to the very least. AirBnb today takes care of at least 45 million bookings a year. It's not like one death is a big problem. Accidents will always happen, anywhere.
1
The more airbnb stories I read, the more I like hotels.
8
The prospect of staying in someone's home or renting mine to a stranger is totally repugnant to me. I know that lots of people do it & good for them!
4
I found a 2 month vacation rental property last year in Phoenix AZ thru a licensed RE agent, signed the usual standard lease, paid all the rent upfront, and gave a large security deposit, only to discover after arriving in AZ (via a single simple google search) that the landlord was a convicted child molester who had been arrested a number of times for threats and violence against his neighbors. He skulked around the house the 2 months I was there, entered it when I was gone, had the water department turn off the water supply at one point, harassed me with phone calls and emails, and refused to return the security deposit. (He was judgement proof, so I never got it back.) Complaints to the RE agent who rented me the place was met with the response that agents have no obligation to screen landlords for criminal behavior or mental instability, even tho a tenant could be seriously harmed by a landlord who has access (keys and security codes) to the property at any time, day or night. What I learned from this experience is that anyone renting a private home directly from the owner (or space within a private home) whether from a RE agent, Airbnb, Homeaway, Flipkey, etc. needs to do at least a rudimentary check on the criminal/civil action against the owner.
26
fool me once shame on me: fool me twice shame on me...boy did you just detail a living experience.
1
Near the end the author writes: 'After all, your guest’s lawyer will probably sue your insurance company, too'. Your lawyer never sues the insurance company. He sues you. Under its contract with you, your insurance company steps in and provides lawyers and decides, whether or not you agree, to settle the claim or refuses to settle and let you go to court, whilst providing counsel and indemnifying you up to the limits of your coverage, should you lose. If the judgement is more than your insurance coverage, you pay the excess.
15
People rented vacation homes for decades before Airbnb or homeaway, either through classified ads or through real estate agents. I have no doubt the liability issues were the same then as they are now. What happened to this young man's father was a tragic accident, but unless you could prove to me that thehomeowners knew the tree was rotten, I don't see why they shpuld get damages from a lawsuit.
7
This death of Mr. Stone is an unfortunate tragedy, but what anyone would call a freak accident. So this is a nonsensical reason to demand more regulations of Airbnb and similar services. Short of ordering property owners to x-ray all their trees for structural integrity, there is no sensible regulatory solution for this particularly rare kind of accident. People who demand greater safety can stay in a hotel, but since even a hotel has dangers, they might consider never leaving their house at all.
10
"So this is a nonsensical reason to demand more regulations of Airbnb and similar services ..."
The way to handle this is to simply require a minimum level of insurance. That will cover the renters, and the insurance companies will do all the investigation and checking to see if a property is safe enough to insure. If the rental agencies (Airbnb, HomeAway) want to provide the insurance, that's probably the easy way to go.
The way to handle this is to simply require a minimum level of insurance. That will cover the renters, and the insurance companies will do all the investigation and checking to see if a property is safe enough to insure. If the rental agencies (Airbnb, HomeAway) want to provide the insurance, that's probably the easy way to go.
6
But it wasn't a freak accident. The article says it was a dead tree, so it was negligent upkeep on the part of the homeowner.
5
What sort of person climbs onto a rope swing attached to a diseased or dead tree? Not to be callous at the loss of any life, but sounds like a great Darwin Award candidate.
2
I had read Zak Stone's essay this past week about loss devastating loss of his father, I am so sorry that happened, just horrible.
I really enjoy these sites that enable people to experience regions in a different way, outside of hotels which previously had monopolized the way most people experience the world away from home. I do agree that it would be beneficial for everyone if there was some sort of third-party verification process that will check out a listing and make sure it isn't a meth lab or other sort of death trap.
Prior to my own mother's passing, we had a memorable time in a rented house blocks from the ocean. It was a very important time of convening family, priceless. I am also a new host using various sites and I can tell you a huge mountain of effort has gone into making this house as safe and clean and easy as possible. But I would have welcomed the chance for some sort of visit to double-check the house and make suggestions of something I may not have thought of.
I really enjoy these sites that enable people to experience regions in a different way, outside of hotels which previously had monopolized the way most people experience the world away from home. I do agree that it would be beneficial for everyone if there was some sort of third-party verification process that will check out a listing and make sure it isn't a meth lab or other sort of death trap.
Prior to my own mother's passing, we had a memorable time in a rented house blocks from the ocean. It was a very important time of convening family, priceless. I am also a new host using various sites and I can tell you a huge mountain of effort has gone into making this house as safe and clean and easy as possible. But I would have welcomed the chance for some sort of visit to double-check the house and make suggestions of something I may not have thought of.
9
The sharing economy just looks like a computer-assisted boarding house economy.
8
An interesting question is whether a racist individual who refuses lodging apparently on the grounds of having reservations about renting a room to certain religious, ethnic, or racial customers would be actionable at all or would fall into the 'grey area' of home owner afforded by the applicable legislation. They might be exempt and Airbnb might well be liable. What's more, they might have recourse against any agreement to abide by non-discrimination laws that Airbnb might expect them to abide by. Just another pinprick in the great internet social network balloon of hype.
4
What do you suggest a vegetarian landlord should do, who for reasons religious or otherwise, doesn't want meat eaters to stay in their property?
1
As a full time B&B owner in the UK as a guest you are assured some degree of safety (1) required to PAT test every appliance every year (2) fire alarm servicing twice a year (3) fire extinguisher servicing every year (4) 30 min fire door on every door (5) way to reach host 24/7 if needed (6) fire risk assessment (7) spot checks by fire brigade with legal right to enforce and or shut down if I wasn't complying with the law (8)annual food hygiene check by the Environmental Health Department (9) full and comprehensive insurance (10) annual Landlords Gas Safety Certificate - all of these things are required by anyone renting out a room to paying customers in the UK - do you really thing most Air hosts with only one room are doing so? The One Show in the UK booked 10 Air properties, non had even a basic battery fire alarm - which nowadays I would have thought was standard especially as Air gives them away to anyone who wants them. Would you want to stay with a host who didn't even bother with a Free fire alarm and CO2 detector?
6
I would certainly tell my son to be careful traveling via this route based on the story of the young man who was held prisoner by his transgender host in Madrid - see the following: http://www.nytimes.com/2015/11/14/your-money/death-in-airbnb-rental-rais...
3
Ultimately, the people who use the sharing economy have to be aware that the system is so new that there are great many issues that have not been resolved with regard to more established businesses. Many of the small operators in the space have to understand that they are running a small business and that entails things that private citizens do not usually think about:
What if there is an injury?
Are you equipped for those whose movement is limited?
How are you dealing with fire safety and other commercial building codes?
What do you do about billing issues?
How do you handle complaints?
Do you have employees whose behavior you are now responsible?
It is apparent that the reports that have been coming out show that many people are not prepared.
What if there is an injury?
Are you equipped for those whose movement is limited?
How are you dealing with fire safety and other commercial building codes?
What do you do about billing issues?
How do you handle complaints?
Do you have employees whose behavior you are now responsible?
It is apparent that the reports that have been coming out show that many people are not prepared.
3
I've been a landlord for many years. I think you are asking for serious trouble by engaging in this business and I personally would avoid it.
9
Sometimes I think I'm the only person of modest means reading the Times. Seriously folks, my husband and I are retired and on a fixed income. The way we travel is Airbnb. If not for that option, we would be stuck at home mostly. We have been traveling modestly for 3 years now, and it's been great. 3-4 vacations per year. Now, we mix it up a bit - some nights shared, some nights in a private apartment, and with our savings a night or two in a great hotel. I guess my expectations aren't that high, and as seniors, we won't great a great "payout" in an accident regardless who is at fault, so the whole liability thing is not a biggie for me. People die, and I'd rather die on vacation than while living our routine at our own home.
BTW, I'd rent out my extra room if I could, but my landlord prohibits it. How would a landlord know - well it's pretty easy to identify the property on Airbnb. I'm often able to break it down using Google before I book. If you hate your neighbor for being an Airbnb or similar host, take the time to rat them out. Maybe you can sue them and make some money.
BTW, I'd rent out my extra room if I could, but my landlord prohibits it. How would a landlord know - well it's pretty easy to identify the property on Airbnb. I'm often able to break it down using Google before I book. If you hate your neighbor for being an Airbnb or similar host, take the time to rat them out. Maybe you can sue them and make some money.
4
A landlord who does not prohibit subletting of any part or all of a rental unit, is a fool. Why let a tenant earn money on your property while simultaneously exposing you to lawsuits and financial loss.
7
This is an opportunity for county tax assessors. Monitor these listings, if a home is rented out for even one day a year the owner loses the property tax exemption.
7
When I rent on the Airbnb site one of the first questions asked is if I want to share lodging with others or have the entire house/apartment to myself. I always pick the later, so I'm not concerned with creepy roommates.
As far as safety, health, and insurance regulations, I expect none. If those things are important to you that's understandable, in which case a fully-regulated hotel may be a better choice, and that's fine.
You can call me foolish if you want (and you might be right...) but I don't feel tricked by my Airbnb landlords -- I'm a grown-up and know what I'm getting into. When I read the story of the rope-swing death in this article my reaction was, "That's tragic," not, "Oh if only there were more regulations this would never have happened. I wish there was someone to sue."
I DO read the reviews written by other Airbnb tenants, and if anyone stated, "This apartment is a deathtrap -- don't stay here," I can't imagine that the owner would be in business long. Airbnb has nothing to gain long-time by having bad places listed.
If you live in an area where you feel that Airbnb landlords are flouting local rules and ruining your building or neighborhood that is an entirely different topic, for which you certainly have my respect.
As far as safety, health, and insurance regulations, I expect none. If those things are important to you that's understandable, in which case a fully-regulated hotel may be a better choice, and that's fine.
You can call me foolish if you want (and you might be right...) but I don't feel tricked by my Airbnb landlords -- I'm a grown-up and know what I'm getting into. When I read the story of the rope-swing death in this article my reaction was, "That's tragic," not, "Oh if only there were more regulations this would never have happened. I wish there was someone to sue."
I DO read the reviews written by other Airbnb tenants, and if anyone stated, "This apartment is a deathtrap -- don't stay here," I can't imagine that the owner would be in business long. Airbnb has nothing to gain long-time by having bad places listed.
If you live in an area where you feel that Airbnb landlords are flouting local rules and ruining your building or neighborhood that is an entirely different topic, for which you certainly have my respect.
9
I am a single woman who worked as a landlord with rentals of one kind and another for many years. My first and last take with the "fly by the seat of your pants" Airbnb, etc. is not the extraordinary death by tree swing, a sad, unnecessary, and bizarre occurance. My reservations are in 1) criminal endangerment such as rape and theft, and 2) grubby, not as described, disappointing to say the least, accommodations. Anyone taking these chances should carefully weigh the very real risks. Beyond that...good luck.
the seriously negative realities they are risking. The article notes that guests should "check batteries on fire and carbon monoxide detectors and be wary of kitchen equipment." In addition...? Oh yes, have a happy, safe, trouble free, low cost vacation. In truth. . .good luck.
the seriously negative realities they are risking. The article notes that guests should "check batteries on fire and carbon monoxide detectors and be wary of kitchen equipment." In addition...? Oh yes, have a happy, safe, trouble free, low cost vacation. In truth. . .good luck.
2
This story, combined with personal experience, makes us less inclined to book another rental through these sharing websites. In our experience, most of the landlords are renting because they are simply interested in making money and therefore will skimp on things like safety issues. Even when we have pointed out obvious hazards in the houses where we stayed (nails sticking out decks and stair railings, e.g.), we have rarely gotten the sense that the landlord was ever going to do anything about it. Another aspect that does not get enough coverage for these types of rentals is the reaction from neighbors. In one instance, we almost got assaulted because we asked the neighbor to not let his barking and growling dog visit our house's yard. Finally, based on our experience, a good amount of the reviews on these sites are likely manufactured by owner. Buyer beware!
8
I have rented on AirBnB many times and have only ever stayed at lovely nicely kept - many with amenities rivaling hotel club rooms - and well-maintained places with lovely hosts, who also used the service. I am sure that there are bad apples, but as another person remarked, the ratings probably put folks out of business as host very quickly. Most were better, much better, than the Motel 6 or Super8s in those same areas. One thing: there are some rural areas where lodging choices are few and far between so AirBnB is a gift.
2
One can imagine the day when an Airbnb "Guest" will experience a tragic accident - or become the victim of a violent crime - while inside, or on the grounds of, the host's property - and will not only sue the host (and Airbnb) -- but also the landlord, building management and/or co-op board...
When that happens - and suddenly the issue of liability rises to the 1% level - then we'll see a tightening of the screws around this enterprise --
When that happens - and suddenly the issue of liability rises to the 1% level - then we'll see a tightening of the screws around this enterprise --
8
I ran a small B&B (not AirB&B) for 5 years, and my insurance company only charged me $250/year for commercial insurance coverage. Cheap at any price.
4
I suspect that one of the tenants in our building is letting out her room to tourists. Recently, I overheard a Belgium couple telling her how much they had enjoyed their stay. I worry about what seems to be an illegal hotel operation. If there is some sort of bad outcome the rest of us may be in danger.
3
And then there's the company Apartable, where neighbors are registered. Every time I see an out-state car in the driveway, I get knots in my stomach. What will the week hold in store?
Too often, more people than the house can hold cram into it and spill out.
A good way to turn an already iffy neighborhood unlivable.
Too often, more people than the house can hold cram into it and spill out.
A good way to turn an already iffy neighborhood unlivable.
5
Would you be more at comfort, if the cars you see in their driveway have in-state plates?
1
Airbnb seems to be a little like Uber, they will take your money, but your pretty much on your own when you have a problem. The outsourcing economy, of course the owners of these business's are Uber rich!
17
I'm waiting until someone notices that these commercial rentals must comply with the ADA. Now there's some liability, probably not shielded by insurance.
17
Good call; what happens currently with dedicated—not AirBnB—hotels? Are some hotels "grandfathered" in if they're not ADA-compliant but were built before the passing of the Americans with Disabilities Act?
In my neighborhood, the majority of buildings are walkups and it's not possible to make them ADA-compliant at all, even if a ramp is built at street level on some of them.
In my neighborhood, the majority of buildings are walkups and it's not possible to make them ADA-compliant at all, even if a ramp is built at street level on some of them.
3
What pray tell is the ADA? And what have they to say about liability?
"let’s give the new players in lodging some credit where it is due. More insurance coverage is better than less, and urging people to be aware of their risks is a welcome evolution in how these companies operate."
insurance coverage is an issue that should have been resolved BEFORE business started, not after. To say they deserve credit for inadequately addressing this issue now is pathetic. Nor do these companies plainly state the risk to their clients. Do any of their ads state any risk involved? Or do they focus solely on the benefits?
Also, death is a worst case scenario. In reality there are many possible problems that can happen where liability is an issue. As mentioned by others, who is liable for situations that arise from a party held at a rental, especially if it is in a building? Or how about the fact that allowing short term rentals in a residential area bypasses sex offender registry laws. Aren't the other tenants or neighbors entitled to retain this legal protection?
Lieber does everything to cloud an issue that has been long resolved by insurance companies. Why, only he knows. But it is long established that if you use your property for commercial purposes you need to carry higher liability and pay higher rates. To state that the issue arises from the tragic death of Louis Stone is utter nonsense!
insurance coverage is an issue that should have been resolved BEFORE business started, not after. To say they deserve credit for inadequately addressing this issue now is pathetic. Nor do these companies plainly state the risk to their clients. Do any of their ads state any risk involved? Or do they focus solely on the benefits?
Also, death is a worst case scenario. In reality there are many possible problems that can happen where liability is an issue. As mentioned by others, who is liable for situations that arise from a party held at a rental, especially if it is in a building? Or how about the fact that allowing short term rentals in a residential area bypasses sex offender registry laws. Aren't the other tenants or neighbors entitled to retain this legal protection?
Lieber does everything to cloud an issue that has been long resolved by insurance companies. Why, only he knows. But it is long established that if you use your property for commercial purposes you need to carry higher liability and pay higher rates. To state that the issue arises from the tragic death of Louis Stone is utter nonsense!
7
We're in heated agreement. I called them out in April, 2012, for the insurance problem in the column linked below. Yes, they should have launched with the insurance program intact. But this is far better than nothing, and they deserve some credit for coming around.
http://nyti.ms/ItsqsT
http://nyti.ms/ItsqsT
They don't deserve credit because because they continue to operate knowing they are instrumental in violating the lives of thousands of NYC citizens everyday, the third party, neighbors and cohabitants of the buildings their hosts use as businesses under the pretense of "shares economy" psuedo noncommercial false pretenses.
5
I have stayed in about a dozen VRBO's in the last decade. When I am in the house I stay aware of my surroundings and take note of anything that looks risky. Last Christmas it was the tile in the walk in shower that was slick, so we went to a big box and bought a mat. Another time it was also the shower, but it was only one night so I put a towel on the floor while showering and told the owner why later. This behavior isn't much different than when I am staying in hotels. Stayed in a penthouse suite (it was a gift) in Europe where getting in and out of the tub took an Act of the European Union.
There is always an accident waiting to happen. Do all you can to make sure it doesn't happen to you. And if it does don't count on someone else taking responsibility.
There is always an accident waiting to happen. Do all you can to make sure it doesn't happen to you. And if it does don't count on someone else taking responsibility.
20
While agree with the advice of "pay attention" I don't necessarily abide by the policy or requiring it. Travelers are often out of time zone, more prone to be affected by alcohol removed from their common environment, and just generally less familiar with their surrounding, hence likely to miss hazards and head knockers. I once rented our house in the Hamptons to a famous basketball player through our agent who met him at the door. He turned to her and said as he observed our door is twice the standard height, ''This is cool I like big doors.'' He walked smack into a chandelier our decorator had injudiciously placed a mere 6'-8" from the floor. We were lucky. He was unhurt, though our chandelier did not fare so well. But, boy that made me think - what's the liability on a ball player getting high seven figures per season. My insurance agent said, 'I'm not sure you want a rider that big, it might actually attract actions brought by certain types looking for that.'' I had another brilliant insight. We stopped renting for extra money we don't need.
2
I am an Airbnb host with a single private room/private entrance listing in a small town on the coast that is a vacation destination. We are just winding down our 2nd season with over 100+ bookings, many from all over the world, and almost all our reviews are excellent. Our town passed an ordinance requiring yearly inspections by the code officer and the fire chief. We were required to install fire-stop sheetrock between the room and the garage, and the inspectors looked closely at egress and smoke/CO alarms. We have a B&B rider on our homeowners that covers liability, and we pay our state accommodations and state/federal income taxes. We do not serve food, in part because we didn't want to go through the health department regulations required. Homestays are only allowed if the owner is in residence. Other towns in our area have or are drafting similar ordinances; one town is requiring that Airbnb-type listings show proof of private liability coverage, and the ordinance explicitly states that short-term listings must be allowed in leases.
It is hard to understand, if towns and hosts are doing the right thing to regulate and comply with regulations (and common sense for small businesses), why there is such negativity regarding home-sharing services such as Airbnb, especially considering the checks and balances of the two-way review system without parallel in traditional accommodations. For us, our income from this covers our part of our daughter's college tuition.
It is hard to understand, if towns and hosts are doing the right thing to regulate and comply with regulations (and common sense for small businesses), why there is such negativity regarding home-sharing services such as Airbnb, especially considering the checks and balances of the two-way review system without parallel in traditional accommodations. For us, our income from this covers our part of our daughter's college tuition.
9
@Mac - The German respect and regard for law does not extend worldwide. Airbnb does, and it aggressively politics and litigates for as little liability as it thinks it can get away with in the interests of a higher profit. That's the rub.
15
Your town sounds quite unusual in its regulations and inspections. If visitors to AirBnB are dependent on the particular regulations of each of the thousands of towns that the hosts are in, they can't know what the level of safety is and what insurance the host has.
1
And in other places homeowners leave despite the so-called rules of the game, to return after their customers leave.
Well our hypocritical Texas Governor Abbot had a tree fall on him, so he sued and gets to collect insurance money for the rest of his life. The wind blew the tree down.
Judge Greg Abbot then turned around as a state judge and basically changed the law to prevent others from doing the same thing - the right to sue for compensation from negligent businesses and individuals. He's a total hypocrite
and should be ashamed of himself, but he's not, he's an arrogant man.
So Zak, truly sorry 'bout your Dad, he looked like an intelligent, loving and admirable man. Good luck finding justice in Texas.
Be sure you file your suit in another state.... ANY other state, where the money grubbing Republican party has not perverted the justice system.
Judge Greg Abbot then turned around as a state judge and basically changed the law to prevent others from doing the same thing - the right to sue for compensation from negligent businesses and individuals. He's a total hypocrite
and should be ashamed of himself, but he's not, he's an arrogant man.
So Zak, truly sorry 'bout your Dad, he looked like an intelligent, loving and admirable man. Good luck finding justice in Texas.
Be sure you file your suit in another state.... ANY other state, where the money grubbing Republican party has not perverted the justice system.
44
rm: You give one side of the story. The U.S. is known around the world for people filing lawsuits for every manner of reasons. How many times a week does someone sue saying something was in their food? Or has slipped in a store? The goal is to find some acceptable level of protection for the public while stopping all the frivolous and fake lawsuits by semi-professional "victims".
2
you probably would have received near zeros thumbs up instead of 23 Pavlovian thumbs up had you not included" Republican Party had not perverted" in your response. it shows again the left wing leaning of both the NYT and its readers
3
As a Texan attorney, I can affirm that our legal system has been perverted by the last 20 years of Republican (and 5 years of Tea Party) leadership.
1
It appears as if blithe disregard of gaping holes in liability coverage presents a strategic conundrum to Airbnb and its users for a variety of reasons. This article, however, reads like it was written by an Airbnb consultant or executive doing the dictation because time and again it attempts to place the burden on the consumer - blame the user. ''Paying guests should check batteries on fire and carbon monoxide detectors, be wary of kitchen equipment or outdoor toys they don’t normally use and keep a special eye out for things that could harm small children.'' Really? Is this the first thing we do when we check into a Day's Inn, Hilton, Marriott, or other bona fide hotel? Yes local law usually requires a sign on the back of the front door with a fire escape route diagram, and many guests want to check to see if their mini-bar is properly stocked. But, really! Do you look for the fire alarm system and test it? Don't think so. As for the host checking in with their insurance agent to advise them that their renting out through Airbnb - other than generating a cease and desist, or notice of non-coverage, or having their premiums raised or policy dropped, doubtful what that find advice would accomplish.
Airbnb's 'profit' comes from construction, finance, tax, and liability avoidance. Instead they pay for aggressive lawyers & PR machines. Maybe, the party's over.
Airbnb's 'profit' comes from construction, finance, tax, and liability avoidance. Instead they pay for aggressive lawyers & PR machines. Maybe, the party's over.
97
Placing the burden on the consumer is different than blaming them. And my placing of said burden is a begrudging one -- see the stories I've written for years in this space about death, injury, destruction and the flouting of laws as corporate strategy, yielding tens of billions of dollars in paper value. The burden is on the consumers because, for now, the companies don't assume all or even most of the burden themselves (though I'm glad for the Airbnb liability coverage, something I first called for 3-4 years ago in this space). So if you want to make money this way or travel this way, risk reduction is on you, at least for now. As an advice columnist, I have to spend a fair bit of time dealing with the world as it is.
15
Placing the burden on the consumer as a reporter, allows the litigating attorneys retained by the Airbnb industry to cite articles like this in their client's defense.
Tort history holds differently. Hotels that show an escape path in case of fire, for example, will not be protected from suits when catastrophic fires occur and injured parties line up. But, because hosts in Airbnb's are dispersed via an amateur system with no standards and flimsy liability standards, its almost worse than no protections at all. The reality is that there are lots of rabbit warren types of short term lodging scenarios that are simply makeshift and dangers as well as impositions on adjacent owners and neighbors. Legitimate Bed & Breakfast lodgings where the owners have often gone to extraordinary efforts to provide home-like comforts, which are properly insured, at placed at a crippling economic disadvantage, and the proliferation of the Airbnb irresponsible seat-of-the-pants and litigate model is promoted and allowed to proliferate. That's the bottom line.
Tort history holds differently. Hotels that show an escape path in case of fire, for example, will not be protected from suits when catastrophic fires occur and injured parties line up. But, because hosts in Airbnb's are dispersed via an amateur system with no standards and flimsy liability standards, its almost worse than no protections at all. The reality is that there are lots of rabbit warren types of short term lodging scenarios that are simply makeshift and dangers as well as impositions on adjacent owners and neighbors. Legitimate Bed & Breakfast lodgings where the owners have often gone to extraordinary efforts to provide home-like comforts, which are properly insured, at placed at a crippling economic disadvantage, and the proliferation of the Airbnb irresponsible seat-of-the-pants and litigate model is promoted and allowed to proliferate. That's the bottom line.
32
jwc-nyp: Good one! Hit em in the chops.
1
We need to stop referring to services like Airbnb, Uber, etc as the "sharing economy." It is a rental or lease economy, pure and simple. Sharing is something you do with a friend at no charge.
The operators are simply trying to scam the system by calling it something that it isn't.
The operators are simply trying to scam the system by calling it something that it isn't.
42
Insurance coverage is great, but still better is to have safety without injury. The best way to reduce the risk of harm is to stay at a place that is in the business of providing private, secure rooms, that is, a motel or hotel. To stay with strangers, or have strangers stay with me, is such a creepy idea. I would never relax, either way. This whole concept is for young people who have not yet been subjected to harm, and thus have no personal experience with the consequences. To each his own!
8
But as this article states, we don't actually know if hotels are any safer than Airbnb rentals.
2
And accidents and deaths on Airbnb properties are only part of the set of problems these rentals bring to a community. Some are buying homes specifically to be Airbnb rentals, without their neighbors being aware of these activities. Some of these sites become party houses, and others simply bring transients who disappear 3 days later, going back to wherever they came from. These sorts of rentals bring accountability problems for the locals. Who do you contact about loud parties next door all summer, and what do you do if you suspect a guest is responsible for local crime, or vandalism? If you live next to a motel, or hotel, you have a sense for who to contact if there are problems. It is less straightforward with Airbnb rentals.
Then there are the issues about Airbnb rentals evading local hospitality taxes, and about changing property values in an area.
12
Seems like it's just a matter of time before Uber runs into the same problem with drivers who lack adequate or appropriate insurance coverage for commercial operation.
But why should an online, virtual enterprise worry about what happens in the real world of flesh and blood people when there are billions of dollars to be accrued in market valuations.
But why should an online, virtual enterprise worry about what happens in the real world of flesh and blood people when there are billions of dollars to be accrued in market valuations.
9
Why must we always assume the host does or should carry insurance if one is injured at their place? Unless it truly is their fault due to obvious negligence, or intentional act, what's so wrong with people covering their own cost. We're all too happy these days to use the legal system like a lottery, and force others to pay for our lives.
3
What's wrong is that few people can afford to indemnify for liability. That's one important reason liability insurance exists and people buy it.
Because in our country medical costs are expensive and can escalate exponentially, and there's no other way to get help with reimbursement without suing.
It's not the "sharing economy." True sharing means selflessness, with no thought of gain or return.
These rentals and rides in private himes and cars are business transactions, but without any rules or safeguards for those involved. Pure greed and pure disregard for others.
Unions and employment laws were enacted for a reason: to protect both workers AND consumers from cheating and exploitation.
It's not sharing; it's exploitation, pure and simple.
These rentals and rides in private himes and cars are business transactions, but without any rules or safeguards for those involved. Pure greed and pure disregard for others.
Unions and employment laws were enacted for a reason: to protect both workers AND consumers from cheating and exploitation.
It's not sharing; it's exploitation, pure and simple.
32
until YOUR residentially zoned neighborhood morphs into a commercial zone so some neighbor can "share " his house for $200 a night.... until you feel your sense of community and safety eroded so your neighbor "shares" their house.. until you realize that renters are losing their homes due to "sharing" economy... until you realize how greedy this has all become... you will detest,resent, and grow to depise what airbnb has done to YOUR neighborhood.
29
The "disruptive" economy seeks leverage from uneven playing grounds. This is a classic example. Vulture capitalism.
16
I would view it more as them trying to provide a needed service in a system where the regulations are years behind reality. Airbnb provides accommodation during major events when all the hotels are full, which is a great thing.
5
Sharer, beware!
4
I am sorry for this young man's loss. It's an unfortunate fact that this kind of accident can happen anywhere. A person was killed not long ago in San Francisco when a large limb fell off of a tree in a public park. Of course there is a lawsuit over it, alleging lack of maintenance by the city, but sometimes trees just give way. You can't always see the rot or wind damage. And that kind of unpredictability is what insurance is for. I added umbrella coverage to my home policy mostly to protect against claims by independent contractors I hire to do jobs on my property. I cannot imagine opening up my home to paying guests or renters without first making sure my assets are fully protected -- not just from guests but from the guests' insurers. Insurance companies will subrogate whenever possible. When I injured myself in an accident in my own home, my medical insurer phoned to ask whether there was anyone they could blame and sue for what happened. When I answered that I was responsible for falling, and they could sue me, the guy chuckled and said, "Don't worry, we aren't going to come after you." I had been joking when I said that. The insurance guy was serious.
9
Following the article about Airbnb in San Francisco, it seems the easiest solution is (as it always is) money. Make the landlords/owners liable, and make Airbnb liable. Liability risk should put a dent in the over-extension quickly.
8
The difference between a hotel and Airbnb is that when you stay in a hotel the assumption and expectation is that hoteliers are aware of the risks to their guests and have taken steps to reduce or eliminate risk through security staff, room design and so on. Yes, yes, I know, it's not 100% and some people will always have horror stories but the big picture is that hotels seek to minimize risk while Airbnb hosts, if they give any thought to it at all, don't.
16
This is a tragic accident and my prayers for your family. While I support the Airbnb industry as an executive who returned back to NY post 911- 3 men that I rented rooms from on craigslist-hit on me sexually and one walked around naked after I moved in- it was devastating, I was in my late 40's , an executive, business owner and had this to deal with. It was to say the least one of the most horrific experiences, although NO Comparison to your fathers awful passing. We must at all costs protect those who rent from strangers and take every precaution for their safety - accidents will happen no doubt - and I am quit sure the owner that home is grieving with you and feels horrific about this situation. My prayers for both of you.
2
Condolences to the family of Mr. Stone.
Thanks for clarifying that Airbnb is underinsured. It's part of their strategy. They've passed the liability onto the homeowner / leaseholder, reaping the benefits and assuming none of the risk. It's craven and indifferent, but a clearly profitable strategy. There's no sharing going on here.
Many cities do not allow short-term rentals. It's illegal. No insurer will pay out in a liability case if they can find a way to avoid it. Operating an illegal hotel could void many liability and umbrella policies. In the long run, it's a big risk, but not for Airbnb.
Thanks for clarifying that Airbnb is underinsured. It's part of their strategy. They've passed the liability onto the homeowner / leaseholder, reaping the benefits and assuming none of the risk. It's craven and indifferent, but a clearly profitable strategy. There's no sharing going on here.
Many cities do not allow short-term rentals. It's illegal. No insurer will pay out in a liability case if they can find a way to avoid it. Operating an illegal hotel could void many liability and umbrella policies. In the long run, it's a big risk, but not for Airbnb.
22
It's a bit sick....when I link to the article, the article is plastered with Airbnb ads
12
You can click off your google ads preference in Firefox browsers - I highly recommend the experience.
Uh got three words for you - Reading Comprehension Skills
Well - okay visual comprehension rather than reading -as in LOOK at the pictures.
They are NOT Airbnb ads - they are simulations of Airbnb's ads and websites mocking the company
As in
(1) Welcome Home - with chandelier that has crashed and splintered on the dining room table
(2) Your Home Everywhere - with the rental "house" being an unfinished structure with scaffolding
(3) Hospitality Is Both Who We Are and What We Do - with someone's feet sticking through a ceiling that has given way
(4) Belong Anywhere - with a living room flooded about 18" deep
(5) Welcome Travelers to Your Neighborhood - 5 passed out naked 20-somethings (guys and gals) twisted around each other wrapped in what looks like a curtain lying on a floor strewn with trash
(6)Travel For Work, Feel at Home - sofa bed had folded back up and trapped the guy in it
(7) Stories of Belonging - woman(dressed) sitting on toilet staring at disgusting room that looks like something out of a 3rd world slum
NOW do you get it?
(And gawd help you if when you don't get something so obviously visual, you actually had to read and comprehend a complex document or anything much of anything beyond See Spot Run! )
Well - okay visual comprehension rather than reading -as in LOOK at the pictures.
They are NOT Airbnb ads - they are simulations of Airbnb's ads and websites mocking the company
As in
(1) Welcome Home - with chandelier that has crashed and splintered on the dining room table
(2) Your Home Everywhere - with the rental "house" being an unfinished structure with scaffolding
(3) Hospitality Is Both Who We Are and What We Do - with someone's feet sticking through a ceiling that has given way
(4) Belong Anywhere - with a living room flooded about 18" deep
(5) Welcome Travelers to Your Neighborhood - 5 passed out naked 20-somethings (guys and gals) twisted around each other wrapped in what looks like a curtain lying on a floor strewn with trash
(6)Travel For Work, Feel at Home - sofa bed had folded back up and trapped the guy in it
(7) Stories of Belonging - woman(dressed) sitting on toilet staring at disgusting room that looks like something out of a 3rd world slum
NOW do you get it?
(And gawd help you if when you don't get something so obviously visual, you actually had to read and comprehend a complex document or anything much of anything beyond See Spot Run! )
I am a fan of basic regulations. I want an assurance of liability coverage for injury and theft. I want basic fire safety - working alarms and route out of the room. Rooms should have the same type of security locks as any hotel room. And the rental should be legal within the local zoning.
None of this is outrageous; and yes, a middleman who is the primary access to the property should carry the responsibility to assure that the listings they carry meets a minimum.
There are real costs to doing business. Otherwise I could just start cooking and baking in my home kitchen and distributing food to people who don't have time to cook. I am not in the food sharing business because I can't afford the liability of food poisoning someone from an unregulated catering op.
None of this is outrageous; and yes, a middleman who is the primary access to the property should carry the responsibility to assure that the listings they carry meets a minimum.
There are real costs to doing business. Otherwise I could just start cooking and baking in my home kitchen and distributing food to people who don't have time to cook. I am not in the food sharing business because I can't afford the liability of food poisoning someone from an unregulated catering op.
9
Renting rooms in your apartment or house creates quite a bit of liability for the owner. In many instances an owner is subject to violence, dissatisfaction with the perceived value of the room or property amenities, damage is common and outright trashing the apartment is always a concern - think 3x before getting this quick buck!
13
Because this article is in the NYTimes, it must be reiterated that thousands of NYC listing on AirBnB each day violate NYC housing laws and put a unjust burden on cohabitants of buildings where these listings are located. In addition, these listings violate leases, coop bylaws, condo rules. In addition, hosts often do not pay the proper taxes on such transactions. In addition, the renter often knowingly or unknowingly disturbs the neighboring apartments. AirBnB explicitly tries to dodge responsibilty for these problems its site has created and the issues go uncorrected because they would rather gain market share and profit at the expense of n others.
49
I don't even understand what justifies the incredible commission Airbnb keeps for itself on the transactions, considering the company that insists it is nothing more than a bulletin board and unwilling/unable to do even the most minimum amount of checking on their listings.
3
In October, gunfire erupted at an Airbnb rental in Queens. The Airbnb renters had a smashing good time, throwing a party for 200. The host - in violation of NYC law - advertised their home as a party venue.
In apartment buildings, there are similar as well as other security issues. Airbnb strangers - without owner's/shareholder's consent - have keys to our building and access to our common areas. They may copy or keep keys, and give them out to others.
Airbnb doesn't care. Hosts and renters: if you've a sense of honor and want to be a good citizen, think about this next time you ponder invading our homes without our consent and break our laws.
Or think about it this way: how would you like it if there was a constant stream of strangers - without your approval or without a vested interest in their surroundings - traipsing through your apartment building or in the apartment next to you?
In apartment buildings, there are similar as well as other security issues. Airbnb strangers - without owner's/shareholder's consent - have keys to our building and access to our common areas. They may copy or keep keys, and give them out to others.
Airbnb doesn't care. Hosts and renters: if you've a sense of honor and want to be a good citizen, think about this next time you ponder invading our homes without our consent and break our laws.
Or think about it this way: how would you like it if there was a constant stream of strangers - without your approval or without a vested interest in their surroundings - traipsing through your apartment building or in the apartment next to you?
41
If they are in violation of the law, then law enforcement should handle it. If they are violating rental or association contracts, then whatever penalties are stated should be enforced. I don't think Airbnb can realistically handle that kind of stuff. But if I were in your situation, I would be very annoyed as well.
2
Carl,
If a brick and mortar real estate broker did what AirBnB did, they would lose their license. AirBnB should lose their license to do nusiness in NYC whether they are technically a real estate broker or not because their "hosts" and "renters" treat them like brokers. They get paid like brokers. Their website is like a broker website. Yet they have eluded law enforcement probably because the "shared economy" semantics they use to propagandize the media all over the city. This is a commercial enterprise and a glorified yuppie new age real estate brokerage backed by progressives and bleeding hearts who refuse to see the damage it is doing to their own constituents.
If a brick and mortar real estate broker did what AirBnB did, they would lose their license. AirBnB should lose their license to do nusiness in NYC whether they are technically a real estate broker or not because their "hosts" and "renters" treat them like brokers. They get paid like brokers. Their website is like a broker website. Yet they have eluded law enforcement probably because the "shared economy" semantics they use to propagandize the media all over the city. This is a commercial enterprise and a glorified yuppie new age real estate brokerage backed by progressives and bleeding hearts who refuse to see the damage it is doing to their own constituents.
5
Carl - while you're correct that they're in violation of the law, the onus shouldn't be on those suffering from inconsiderate hosts, and Airbnb's willful illegality to have to call law enforcement. Airbnb is willfully acting in total disregard of NYC laws by allowing people to list their apartments. Most hosts know the law; they care naught for it or the harm to their neighbors.
Airbnb can indeed "realistically handle" this kind of stuff. They can simply prohibit hosts to post listings in cities that prohibit this type of sublet.
Airbnb can indeed "realistically handle" this kind of stuff. They can simply prohibit hosts to post listings in cities that prohibit this type of sublet.
As someone who is staying in 2 Airbnbs in Japan next week, while these deaths are unfortunate, they are also freak accidents that could happen to any occupant or visitor. I am not worried in the slightest.
5
Famous last words.
2
Josh: Can we assume you have let your NY apartment while in Japan? Do you know who will stay there? Will they make copies of your keys? Check out what you have there? Party? Get into a fight with a neighbor? I hope not, and also hope you are not a problem for the neighbors in Japan.
3
How glib! Safety issues aside, I guess then, you'd be ok with your neighbors renting out their apartments to strangers that haven't been vetted or screened by your managing agent or landlord? Let's say 10 of them do it twice a month, bringing, potentially, 40 strangers a month - maybe bringing bedbugs - into your building, and perhaps next door to you. Loud, late-night parties occur perhaps with large crowds, some wander loudly through hallways leaving trash, maybe vomiting. Your home is now a transient hostel, without your consent and in violation of your lease or shareholder agreements, and you're unable to enjoy your home. And it's against the law.
Why do you participate in this vile Airbnb scheme?
Why do you participate in this vile Airbnb scheme?
1
I have rented from Homeaway and VRBO for years now. I hate staying in hotels, like to cook my own meals and have our family together while on vacation. I am leaving for Cape San Blas in one week to stay in a 5 br home on the beach, booked through Homeaway. In every instance I have found the home to be as nice or nicer than it appeared in pictures. Only in one instance while renting in Galvaston to attend a wedding did I think the surrounding neighborhood was less than desirable. Thanks for this article but I doubt I will change my habit. I will however now ask the owners if they carry insurance on their properties for personal injury for the renters, citing this article. Homeaway stays have been the best vacations we have had as a family. Airbnb however just kind of scares me. I would not ever want to be in a house with a complete stranger, or renting with a commune like situation as people have posted in this comment section. That just seems inherently dangerous to me.
11
Excellent comment. Just a friendly head's-up -- when you rent with Airbnb you are asked to choose if you want a room in someone's home (when presumably others will be around), or if you want the entire home/apartment to yourself. Personally, I always pick that later option. All FYI.
I believe it's relevant to point out that AirBnB is mostly a positive experience for travelers and renters. This summer I explored the greater Hudson Valley in New York and stayed at a half dozen AirBnB rentals.
Quite frankly it was wonderful to find an accommodation exactly where I needed one, rather than try to scramble to find a $200 to $400 per night traditional B&B.
In my case the renters were all home owners. In at least one case the home owner did not need the money, so much as her and her husband enjoyed the experience of meeting new people.
What I like best about AirBnB is that both the renters and travelers mutually review each other. On either side of the table you can be as selective as you care to be.
Finally I do not believe that AirBnB is comparable to Uber. Nobody ever double parked their house on 7th Avenue or ran over a pedestrian with a leather couch.
Taxi service should be taxed and regulated because otherwise you have chaos in the streets.
My impression of AirBnB is that they genuinely care about the positive experience of their renters and travelers. I hope that they succeed and find a way to address issues of safety and liability.
Quite frankly it was wonderful to find an accommodation exactly where I needed one, rather than try to scramble to find a $200 to $400 per night traditional B&B.
In my case the renters were all home owners. In at least one case the home owner did not need the money, so much as her and her husband enjoyed the experience of meeting new people.
What I like best about AirBnB is that both the renters and travelers mutually review each other. On either side of the table you can be as selective as you care to be.
Finally I do not believe that AirBnB is comparable to Uber. Nobody ever double parked their house on 7th Avenue or ran over a pedestrian with a leather couch.
Taxi service should be taxed and regulated because otherwise you have chaos in the streets.
My impression of AirBnB is that they genuinely care about the positive experience of their renters and travelers. I hope that they succeed and find a way to address issues of safety and liability.
6
Reading your account I was struck by how different my experience using Airbnb in upstate NY last year when I visited my daughter in college. My credit card is under my first initial and last name only and my nickname is Cindy, but I am African American, which apparently came as an unhappy surprise. Let's just put it this way, it was an extremely unpleasant experience for all concerned. I returned and stayed for twice the money at a reputable B&B - it was immaculate, the people delightful, the food delicious and well worth the extra money and dignity. To each their own.
5
Ron, why are you so often on the wrong side of responsibility when you write? I remember after the crash you were lionizing and promoting some greedy, stupid friend of yours who'd managed to bankrupt his clients and ruin his family's lives; now here you are shrugging like that ridiculous icon at a predatory company that moves in, ruins neighborhoods, and behaves like a toddler as it does it. You try to excuse the lack of any sort of business inspections, of the kind that would've saved Louis Stone's life, with some kind of nonsense about "maybe an inspector would've missed it the problem".
Is the problem that you're just a bad person? I mean not just not very bright, but not good, beyond the reach of ethics and human wisdom? Because if that's how it is, you should let go of this column and let a responsible grownup take over.
Is the problem that you're just a bad person? I mean not just not very bright, but not good, beyond the reach of ethics and human wisdom? Because if that's how it is, you should let go of this column and let a responsible grownup take over.
I have no idea what friend of mine you're referring to, so I'll let that one go. And if only you could hear how Airbnb's PR staff feels about my so-called shrugging. Sometimes, I feel like I've gotten it about right when folks on both sides are giving me a hard time about my work.
9
Instead of worrying about liability I'd be more concerned about actual safety moving forward so liability doesn't even become an issue. For example, do Airbnb properties have smoke detectors and sprinkler systems like hotels are required to have? Are they inspected regularly to insure compliance with local safety and health codes? I've stayed at Airbnbs that don't even have a lock on the bedroom door. Can you imagine accepting that at a Comfort Inn? Are hosts subject to criminal background checks before bringing people into their homes? The Airbnb web page that shows guests sleeping in bed is just so icky it has turned off people from staying with Airbnb. While Airbnb offers many benefits to travelers, there is so much that can go wrong that is being ignored in this enterprise.
44
Excellent comments. Two thoughts:
1. As you know, when you rent with Airbnb you are asked if you want a room in someone's home, or the entire place to yourself. Personally I pick the later choice, but each person gets to choose.
2. When I stay with Airbnb I know exactly what I'm getting -- the rental of someone else's home or apartment. I walk in understanding that I am NOT getting all the benefits of a hotel that has regular safety and health inspections, and I am willing to make that trade-off. If that type of regulation is important to a traveler there's nothing wrong with that, but then Airbnb may not be for them.
As I occasionally have to say to unhappy customers of my own (non-lodging) business: "We don't sell what you want to buy, and there's no shame in that on either side -- but you probably shouldn't shop here because you won't be happy."
1. As you know, when you rent with Airbnb you are asked if you want a room in someone's home, or the entire place to yourself. Personally I pick the later choice, but each person gets to choose.
2. When I stay with Airbnb I know exactly what I'm getting -- the rental of someone else's home or apartment. I walk in understanding that I am NOT getting all the benefits of a hotel that has regular safety and health inspections, and I am willing to make that trade-off. If that type of regulation is important to a traveler there's nothing wrong with that, but then Airbnb may not be for them.
As I occasionally have to say to unhappy customers of my own (non-lodging) business: "We don't sell what you want to buy, and there's no shame in that on either side -- but you probably shouldn't shop here because you won't be happy."
4
Have also arrived at multiple Airbnb properties in NYC with no/flimsy locks on the doors to the outside (front door of one didn't work; back door of another had no lock at all). It scared me, and I felt stuck. The proprietors were far less concerned than I imagine traditional commercial proprietors would be.
As it becomes more common, insurance for those of us renting to vacationers is getting more common and cheaper. Several years ago it was hard to find coverage- we went with CBIZ- and now we have a dozen options to choose from. It really isn't that much more than regular house insurance. But everyone should make sure they buy it. Your regular insurer is more than happy to deny coverage if you violate their policies (which explicitly will exclude renters, unless you have the right coverage for renters).
5
Why is the sharing economy not as great as its believers claim, why is it so controversial, and what should and shouldn’t we do about it? See http://worksnewage.blogspot.com/2015/03/the-sharing-economy-and-jobs-ii.....
9
The 'sharing economy" is good for those that benefit and bad for everyone else. Just like any change. I don't use taxis or uber so I really don't care, it does seem to work and breaks monopoly activities in several areas of the country.
The business model of the "shared economy" businesses is to roll over existing regulations of all kinds and hope that the customers will help them stay in business by interceding with governments. The founders become paper billionaires while saying that they are just offering a website that helps folks get together for "hotel" rooms and "taxi" rides and etc.; the companies disclaim anything about "employees" or the like, who are seen as independent contractors. To maintain that legal position they have to avoid doing very much in terms of oversight of the actual service providers; this inevitably increases the risk level to the end-customers, who should have no particular expectations about level of service, safety equipment, personnel training and discipline and etc. You get what you pay for.
137
There are established criteria for being an employee. For say uber, you provide the car, you decide when to work and how. So you are not an employee. Seems simple to me.
2
I find your assumption insulting. We offer a vacation rental. Everything works well. It is well maintained. We follow all the required laws and polices of our municipality, we collect and remit hotel tax, and we have more than adequate insurance (not to mention all the requirements our insurer requests, such as depth markers on the pool, carbon monoxide detectors and so forth).
1
They have to roll over existing regulations because the people who made those regulations were not imaginative enough to know what type of services technology would allow in the future.
1
Hey thanks for this piece. I'm terribly sorry for Mr. Stone and his father. But I'm happy to see honest coverage of the liability issues with the sharing economy. And the angle of comparing with traditional brick-and-mortar hotels is a good one, even if they didn't provide the data.
28
I condemn AirB&B who is leading to an all out criminal condition in rental housing. I am a recent, as in yesterday, victim.
An AirB&B host rented an entire home in San Jose, California for allegedly $4000.00 a month from landlords. No sooner than she signed a lease less than one week ago than she took photographs of rooms and posted them for rent on both Craigslist housing and AirB&B. She posted a single room for rent as $1200.00 a month that was a living room. While renting for a week, with a payment of cash only, she brought a work man (handy man) into the house to build a wall in the living room to convert the room from a living room into a bedroom.
Her intent was clear in my opinion, based on her fraudulent misrepresentations to convert a living room into a bedroom. She brought a handyman into the house on two occasions without any notice to me or another "tenant", who was going to build a wall in the living room. The ceiling appears to have asbestos in it, and I asked him to not perform any work due to the asbestos, the lack of a building permit, and my need for rest (she was going to proceed to perform the construction at 7:30 P.M.
Within 17 hours, I was compelled to vacate * defrauded hundreds of dollars.
AirB&B is creating criminal conduct by failing to contact the owners of the property involved. The rental leases of hosts who are renting to "incidental transcient occupants" should be registered with the County Recorder and the owners must be notified.
An AirB&B host rented an entire home in San Jose, California for allegedly $4000.00 a month from landlords. No sooner than she signed a lease less than one week ago than she took photographs of rooms and posted them for rent on both Craigslist housing and AirB&B. She posted a single room for rent as $1200.00 a month that was a living room. While renting for a week, with a payment of cash only, she brought a work man (handy man) into the house to build a wall in the living room to convert the room from a living room into a bedroom.
Her intent was clear in my opinion, based on her fraudulent misrepresentations to convert a living room into a bedroom. She brought a handyman into the house on two occasions without any notice to me or another "tenant", who was going to build a wall in the living room. The ceiling appears to have asbestos in it, and I asked him to not perform any work due to the asbestos, the lack of a building permit, and my need for rest (she was going to proceed to perform the construction at 7:30 P.M.
Within 17 hours, I was compelled to vacate * defrauded hundreds of dollars.
AirB&B is creating criminal conduct by failing to contact the owners of the property involved. The rental leases of hosts who are renting to "incidental transcient occupants" should be registered with the County Recorder and the owners must be notified.
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"While renting for a week, with a payment of cash only" would only be possible through a Craig's Listing; Airbnb is a no cash operation. Landlady offered you a 'special deal' for all cash and you took it thinking you'd get a bargain but cutting out the middleman (airbnb's cut) but what you got was no guarantees and no recourse for reimbursement through said middleman. There is a moral in that story.
Well, if you are landlord you already know to have property insurance that covers liability in case of accident involving tenant. If you start renting your vacation home, you need to get that kind of insurance. But, the problem is that on Airbnb tenants (who are wrongly called "owners") are illegally subletting out apartments that belong to the true property owners (their landlords). Who is liable then? Technically the landlord should not be liable if he has 'no-subletting' in the lease when this rogue tenant violates the lease -- but believe me, the landlord will be found liable somehow -- especially in NYC.
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And in SF.
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Your comment and others highlights a major problem with this whole hotel by another name operation. Tenants and even sub-tenants whose own lease (and often local law as well) prohibits commercial activity or boarding house operation simply ignore those prohibitions. In some instances only the owner of record will have liability insurance and the "host" from whom the customer rents the room will be uninured or have only a tenants policy which will disclaim for commercial activity or operation as a boarding house. The injured guest loses. But criticism of these arrangements is not allowed because it's the internet, and supposedly so hip, and trendy and millennial and cool. Try telling that to a guest who has no deep pocket to sue for grievous injury.
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The reason hotels don't disclose their death rate is that people often book into a hotel to commit suicide so as not to burden their families.
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Perhaps, though I was asking about accidental death rates. And still, crickets chirping...
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True. And murders happen. I was a guest at a Motel 6 where a murder took place. There was only one manager on site at the time. Now in California all of the Motel 6 Hotels require the registration of the vehicle a note on the windshild indicating that the vehicle belongs or is being rented by the hotel guest.
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Thanks, Anne, and while I am not questioning the validity of your statement, I'd like to know the factual and statistical sources for your statement that: " The reason hotels don't disclose their death rate is that people often book into a hotel to commit suicide so as not to burden their families."
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Curious whether Airbnb has jumped on the arbitration bandwagon yet.
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Right now I am seeking the names of their attorneys to give them notice of the fraud involving AirB&B. The entire website makes no mention of a legal department or attorneys to contact.
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Not endorsing it, but that would seem to be a likely, if heinous, approach.
As regards appropriate insurance coverage, when I last researched it, the average settlement wrongful death lawsuits was around $8 million. That's a significant motivator for plaintiff attorneys to pierce the corporate veil and recover more typical settlements.
Once that happens, a single death settlement could dwarf Airbnb's $1 million coverage for hosts and might consume most its annual coverage.
As regards appropriate insurance coverage, when I last researched it, the average settlement wrongful death lawsuits was around $8 million. That's a significant motivator for plaintiff attorneys to pierce the corporate veil and recover more typical settlements.
Once that happens, a single death settlement could dwarf Airbnb's $1 million coverage for hosts and might consume most its annual coverage.
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