Another Excuse of “We Are Just a Platform”Another Excuse of “We Are Just a Platform” By Trudy Grundland Introduction Airbnb, a popular short-term rental platform, has once again been accused of facilitating illegal listings. A class action lawsuit filed in Nevada alleges that Airbnb failed to conduct proper due diligence on hosts, allowing them to rent properties without authorization. Legal Requirements in Nevada Nevada state and local laws require Airbnb to verify that hosts have the authority to rent their properties on a short-term basis. This is to prevent violations of homeowners’ leases, condo association rules, and city zoning laws. However, Airbnb often ignores these requirements. The Case of a Las Vegas Homeowner In Las Vegas, a homeowner discovered that her long-term renter had sublet her property to Airbnb guests without her knowledge or consent. Despite being notified, Airbnb refused to remove the listing, claiming it was not responsible for the actions of its hosts. The Class Action Lawsuit The class action lawsuit targets all Nevada homeowners who have had their properties illegally rented through Airbnb from 2020 to the present. The plaintiffs argue that Airbnb knowingly facilitated these listings, despite being aware of the legal prohibitions. Airbnb’s Defense Airbnb typically defends itself by invoking Section 230 of the Communications Decency Act, which protects online platforms from liability for the content posted by users. However, the plaintiffs argue that this immunity does not extend to cases where a platform knowingly facilitates illegal activities. Conclusion This lawsuit highlights Airbnb’s ongoing refusal to take responsibility for the actions of its hosts. The platform’s pursuit of profit appears to be taking precedence over its legal and ethical obligations. It is essential that Airbnb be held accountable for its role in facilitating illegal short-term rentals in Nevada and elsewhere.
Another excuse of “We are just a platform”
By Trudy Grundland
This is my take on the story of the class action lawsuit filed against Airbnb in Nevada in June 2024. Giller v. Airbnb, Inc.. using the Nevada Deceptive Trade Practices Act. There must be someone in California who wants to do the same thing.
Nevada state and local laws require Airbnb to conduct due diligence on new hosts to confirm that the person is authorized to rent the property on a short-term basis. Airbnb is aware that someone may be violating a homeowners’ lease or condo association’s rules, as well as city zoning laws that restrict short-term rentals. These requirements would make the property ineligible for a city business license number, a requirement of the Las Vegas Municipal Code for all short-term rentals in the city, but there are “hosts” who are willing to circumvent the law and use fake license numbers.
This happened to the owner of a single-family home in Las Vegas. The woman rented her home long-term, at least a year, with prohibitions on subletting and short-term rentals.
A young woman rented the home in 2021 and renewed the lease in June 2022 and May 2023. The homeowner/landlord went to the home in November 2023 to do routine yard work and saw “four strangers freely entering and exiting the home using the security code on the front door.”
The homeowner saw that her home was listed for short-term rent on Airbnb with the renter listed as a “Superhost” and Airbnb was notified, but the platform “declined to take action” and allowed the renter to list the property on the site.
The class action lawsuit against Airbnb targets all individuals in Nevada who currently or in the past owned a property from June 10, 2020 to the present that was rented by an Airbnb host when the host was prohibited from renting the property on a short-term basis.
The Clark County Code of Ordinances requires short-term rental agents, such as Airbnb, to verify that the short-term rental unit has been issued a short-term rental permit and that the platform must “deactivate any listings for which a valid state or county permit number has not been issued, or which the department otherwise requests be removed from the permit holder, within five business days of receipt of the request.” CLARK COUNTY, NEV., CODE OF ORDINANCES § 7.110.080(c).
Although Airbnb is well aware that many hosts on www.airbnb.com are not authorized to rent a property on a short-term basis, Airbnb nevertheless enables these hosts to place their illegal listings on the platform. Airbnb also facilitates the advertising of these illegal listings to potential Airbnb guests and facilitates the short-term rental of such properties in violation of legal and/or contractual prohibitions on such short-term rentals.
The plaintiff’s complaint alleges that Airbnb willfully obtained income from a property that violated Nevada’s short-term rental laws by failing to conduct required due diligence when screening a new host and then knowingly allowing the host to continue to rent on the Airbnb platform without the owner’s consent. The plaintiff is requesting a jury trial and the amount in dispute is over $75,000.
Another example of Airbnb’s relentless pursuit of money. Their famous mantra: “We cannot be held responsible for the actions of our hosts and guests. Section 230 of Title 47 of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1966.”
