New York State & Airbnb

Did you ever see the 2002 movie Minority Report with Tom Cruise? It is a great film with a brilliant premise which is that  it is better to stop a crime before it ever happens. Tom Cruise plays a police officer in a unit called “The Pre-Crime Task Force.”  With the aid of super psychics, they use their abilities to stop crimes just prior to their commission.

precrime

Once notified by the psychics, the police officers arrest the perpetrators before the crime is committed and incarcerate the “criminals”  before they can take action. So, even though they’ve committed no actual crimes, they are still sent to prison.

The “intent” was all that mattered.

Although it’s a science fiction movie and takes place in the “future” you’re left with the impression that the idea is far fetched and could never happen. That is….until now.

Just last week Andrew Cuomo, Governor of New York State, signed a bill making it illegal to advertise your home for short-term rentals on websites like Airbnb. So, even though you might not ever rent your space, the sheer fact of publicizing your intent to rent will run you afoul of the law. Like pre-crime, you don’t even have to rent out your unit to get into trouble.  You just need the intent. No it’s not science fiction…its New York State.

As it stands, New York already has a law on the books making it illegal to rent out your home, or rooms, to short term tenants. The state also has heavy handed condo Boards that rule and restrict New York real estate associations. Most of them have stringent measures that forbid short term rentals.

The penalties to advertise carry up to a $7500 fine. Seem egregious? Yes…when D.W.I fines in N.Y range from $500 to $5,000 dollars and reckless driving fines are only $300 dollars! These are fine for actual crimes not an intent to commit one.

The fact is, Airbnb solved a huge issue for visitors to N.Y.  New York, especially New York City, has some of the highest hotel rates in the world along with some of the highest hotel occupancy rates. It is hard to find a hotel room that rents for less than $200 a night in New York City, so cheaper alternatives were needed.

Companies such as Airbnb filled a need. It’s not like New York City isn’t benefiting. Airbnb generated over $400 million dollars for New York City property owners last year.  So, at face value, it would seem everybody would be better off by having Airbnb in New York.  Hotels still have high occupancy rates that are not being negatively effected and property owners can generate additional income while having visitors enjoy a better experience. Finally, even the politicians get their tax slice of the $400 million.

Now those benefits are gone.

The reason why Airbnb was barred was alleged to be “safety reasons.” This seems always to be the justification of every action the government takes.  The statement read, “The government must ensure that all buildings comply with fire, building and other safety codes relative to their class.”

Give me a break!

I lived in New York City. You can barely walk down the street without obtaining a multitude of permits. Now, all of a sudden, those rental properties built over the years somehow slipped through licensing and zoning agency purview and were built without the government’s oversight in the first place? Please.
 
State Senator Liz Krueger issued a statement in favor of the law, calling it “a huge victory for regular New Yorkers over the interests of a thirty-billion dollar corporation.” Really?  The majority of Airbnb’s profits flow to individuals. In fact, the company Airbnb has lost billions of dollars since it was founded. It has never generated a profit. The platform was designed for individual parties to benefit, not corporations. Senate Liz Kruger is a liar for saying something so blatantly false and misleading!

So this “victory” is actually one for the power brokers and against regular New Yorkers…ordinary people who use the site to generate extra income and help make ends meet. These people will now lose that needed extra income.

With stupidity like this so pervasive in government, especially in N.Y., it’s no wonder why people are leaving the state. Since the 2010 census  653,071 people have left the state. This was the largest decrease of any state, both in absolute terms and as a percentage of estimated population since the start of the decade.

The Empire State doesn’t say why residents are leaving, but we can think of several possible reasons: high taxes, high unemployment upstate, high housing costs in the city, and a large (and corrupt) bureaucracy—for starters.

Ironically, New York City already has the infrastructure within the surveillance state to “detect” pre-crime…not unlike the world which “Minority Report” portrayed.  So it should not come as a shock that in real life, and in real time, the bureaucrats and administrators are already writing laws that will allow them to impose upon New Yorkers what they obviously thought was a darn good plot.

Truly scary stuff.

Steve

sleeclark@gmail.com