Shireene Hale P.O. Box 693 Friday Harbor, WA 98250

San Juan County Planning Commission c/o Erika Shook, Director of Community Development P.O. Box 947 Friday Harbor, WA 98250

Re: Proposed Regulations for Short-Term Vacation Rentals

Members of the San Juan County Planning Commission:

I applaud the county’s efforts to address problems with short term vacation rentals through changes to the county regulations. I am however concerned that with no limit on the number of homes that can be converted to vacation rentals, the proposed regulations will continue to exacerbate our affordable housing crisis.

While vacation rentals are not the primary cause of our affordable housing problems, they are a contributing factor – and one that we can control.

Homes that are used as vacation rentals are profitable, commercial investments, benefitting the owners as well as the visitors using them. Businesses providing goods and services to visitors also benefit, though this benefit is likely offset to some extent due to the negative effects of vacation rentals.

For those trying to live here, the conversion of homes to vacation rentals results in fewer homes available for rent or purchase. As in other communities, the demand for these investments puts upward pressure on rental and housing prices, making the remaining homes less affordable. Finally, because affordable housing is so limited, some employers have difficulty filling vacant positions. When jobs remain vacant, there are fewer residents shopping at local businesses, and the work associated with the vacant position is delayed or not done at all.

While there is little data for San Juan County, these issues have been studied in other communities. The attached paper by Roy Samaan includes analysis of data from Los Angeles showing that areas with higher numbers of vacation rentals have higher rents, and fewer available long term rentals. In addition, this paper cites a March 2014, UCLA Anderson School of Business Human Capital Report finding that the high cost of housing in Los Angeles creates a statistically significant drag on job creation and the economy of that region.

I believe this is something we must address now, as part of the larger plan to deal with our affordable housing issues. In the near future, I anticipate voters will be asked to tax themselves to help pay for construction of affordable housing. Such a proposal may, however, have more difficulty gaining voter approval if the county does not deal effectively with the vacation rental portion of the affordable housing problem.

Fortunately, we are not alone in facing this situation. The attached paper published by the American Planning Association includes examples of how other communities have successfully balanced the needs of residents with the desires of vacation rental owners and visitors.

I suggest the following:

 Allow vacation rentals with existing county permits to continue to operate. We currently have 964 vacation rentals permitted in the county (over 7% of the total housing units), providing a good supply of housing for visitors.

 Adopt regulations for new vacation rentals requiring them to be occupied by a San Juan County resident most of the year. The resident could be either an owner or a renter. To meet this requirement, attached accessory dwelling units could be added to existing homes, allowing the main structure to be used as a vacation rental. The examples provided in the American Planning Association paper could be used as a guide in crafting the new regulations. This would give homeowners the flexibility of using their residence as a vacation rental without eliminating housing for islanders.

 Adopt other changes as necessary to deal with negative impacts from vacation rentals, applying them to both existing rentals, and those authorized under new regulations.

Thank you for the opportunity to comment.

Shireene Hale

PAS EIP-37 December 2015 t

Regulating Short-Term Residential Rentals

The Planning Advisory Service (PAS) researchers are pleased to provide you with information from our world-class planning library. This packet represents a typical collection of documents PAS provides in response to research inquiries from our subscribers. For more information about PAS visit www.planning.org/pas. PAS Essential PAS Info Packe Info Regulating Short-Term Residential Rentals PAS EIP-37

Copyright © 2015. This Essential Information Packet is compiled and distributed by the American Planning Association’s Planning Advisory Service with the written permission of the owner(s) of its content. Reuse of the packet’s content requires explicit permission from the individual copyright holder(s).

American Planning Association

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Regulating Short-Term Residential Rentals PAS EIP-37

Foreword

The concept of renting rooms or homes on a temporary basis is not new. Vacation rentals have long been common in beachfront communities, resort towns, and other destination hotspots. But with the recent rise of web-based booking services such as Airbnb or HomeStay, the number of short-term residential rentals (usually defined as rentals of less than 30 days) has grown dramatically and heightened awareness of this practice within more communities. And in addition to more traditional, commercially focused vacation rental properties, more and more home owners (and in some cases tenants) are offering the use of their residences — or rooms within their residences — as temporary rentals, either sporadically or on an ongoing basis.

In the pre-Airbnb era, many tourism-based communities addressed vacation rentals in their codes directly through licensing or zoning requirements to allow this important local economic activity to occur while mitigating any potential negative impacts. Typical standards for these short-term rentals often require property owners to obtain short-term rental permits and business licenses; establish minimum and maximum rental timeframes and maximum occupancies for rental units; address potential nuisance issues such as noise, parking, and trash removal; and in some cases require one-time or annual inspections.

The post-Airbnb era has brought new opportunities and challenges, however. Advocates praise the new prospects arising for owners to supplement their incomes and make use of underutilized spaces by offering rooms or entire homes to visitors for remuneration, and they promote the economic ripple effects of housing tourists in neighborhoods throughout a city rather than in a single hotel district. Detractors point to the potential nuisance impacts of new short-term residential rentals on adjacent homes and apartments, have concerns about the economic impacts of unregulated competition to hotels and traditional bed and breakfast establishments as well as the loss of local revenue from transient occupancy taxes, and question the bigger impacts of short-term residential rentals on local rental housing markets and affordability.

From a regulatory standpoint, local governments without short-term rental provisions in their codes have no way to address concerns, while those with existing vacation rental ordinances find most Internet-mediated rentals to be illegal units whose owners have not obtained required licenses or paid required taxes (and who may not even realize such requirements exist). Industry advocates propose establishing a new use category for this new species of Internet-mediated short-term residential rentals to differentiate it from bed and breakfast, boarding house, or hotel uses, and recommend adopting regulations sanctioning short-term rentals with an easy-to-complete registration with the locality, a modest permit fee, and the payment of all applicable taxes.

An ever-increasing number of communities across the country are examining this issue and adopting ordinances addressing short-term rentals. Most of these ordinances follow the general framework described above: they define short-term residential rentals as a distinct use and establish licensing, permitting, or taxation requirements, as well as operational or procedural standards to protect safety and mitigate potential nuisances. But nearly every community has its own twist. Some differentiate between traditional vacation rental properties and rentals of owner-occupied units; some base their requirements on whether the owner is present in the home during the rental or whether the entire unit or individual rooms are being rented. Some communities have passed zoning amendments specifying permitting requirements for short-term residential rentals and imposing performance standards or separation requirements on these units; others simply use business licensing ordinances to focus on registration of units and payment of any applicable taxes and fees. Regulating Short-Term Residential Rentals PAS EIP-37

Practically speaking, the key is coming up with regulations that are clear, easily enforced, and do not make residents out to be scofflaws unnecessarily. The use of these online booking sites is growing and shows no sign of slowing down, making it a drain for communities to enforce blanket prohibitions or onerous regulations. Though some communities have hired additional code enforcement officials to scan online hosting platform postings and carry out proactive "sting" operations, most communities rely on a complaints-based system to enforce compliance.

This Essential Info Packet provides a wide-ranging look at the topic of short-term residential rentals and how communities are addressing this issue. A section of background resources provides articles, reports, and websites that examine the potential impacts of short-term residential rentals on communities, analyze the ways in which local governments are responding, and advocate for various ways to address short-term rentals in local codes and ordinances. The next section offers a number of staff reports from a number of local governments, both those that are just beginning to explore the issues involved with regulating short-term rentals as well as those who have drafted and adopted new regulations for this use. These reports provide a comprehensive look at the many issues surrounding short-term rentals and the costs and benefits local governments are weighing as they contemplate and move forward with regulatory actions. And finally, a collection of sample zoning and licensing ordinances from more than 20 cities and counties across the country demonstrates the many ways in which local governments have codified regulatory controls on short-term residential rentals. Where city websites offer a webpage for information on short-term rentals, those URLs have been included.

Short-term residential rentals are a hot topic and a dynamic area of discussion and regulatory action. Though all the ordinances presented in this packet were current as of publication, many of the cities represented told PAS that updates to adopted ordinances were either already in process or being contemplated by local officials. As it appears that codes will be changing especially quickly around this topic, be sure to check municipal websites or code hosting sites for the most up-to-date versions going forward.

Regulating Short-Term Residential Rentals PAS EIP-37

Background Resources — APA

Merriam, Dwight H. 2015. "Peering into the Peer Economy: Short-Term Rental Regulation." Zoning Practice, October.  Article discusses short-term residential rentals in the context of the sharing economy and explores the issues involved in regulating them.

Background Resources — Additional Online Resources

California Legislative Analyst's Office. 2015. Overview of Sharing Economy and Short-Term Rentals. Sacramento: Legislative Analyst's Office. http://lao.ca.gov/handouts/state_admin/2015/Sharing-Economy-Rentals-031815.pdf  Briefing paper summarizes how short-term rentals are affecting the lodging industry in the state, and lists attributes and concerns of short-term rentals from a public policy standpoint.

Napa Valley Vacation Rental Alliance. 2010. Codifying Vacation Rentals Now Is Common- Sense Public Policy When Millions Are At Stake. January. wwwhite.com/nvvra/media/WHY%20CODIFYING%20VACATION%20RENTALS%20NOW%20 IS%20GOOD%20PUBLIC%20POLICY.pdf  Position paper advocating for a permissive approach to short-term rentals in Napa County, California.

National Association of Realtors. 2015. “Field Guide to Short-Term Rental Restrictions.” www.realtor.org/field-guides/field-guide-to-short-term-rental-restrictions  Website offers a collection of articles and other resources discussing issues related to short- term rentals.

New York State Office of the Attorney General. 2014. Airbnb in the City. Albany, N.Y.: Office of the New York State Attorney General. www.ag.ny.gov/pdfs/Airbnb%20report.pdf  Report examines data from 2010 to 2014 on short-term residential rentals in New York City and shares key findings on the industry's impacts on housing in the city.

Robinson and Cole. 2011. Short-Term Rental Housing Restrictions. Prepared for National Association of Realtors. www.realtor.org/sites/default/files/reports/2011/short-term-rental- housing-restrictions-white-paper-2011-09.pdf  White paper examines short-term rental restrictions, looking at impacts of rentals, legal issues raised by restrictions, and strategies for regulating these units. Includes a typology of regulations.

Samaan, Roy. 2015. Airbnb, Rising Rent, and the Housing Crisis in Los Angeles. Los Angeles: Laane. www.laane.org/wp-content/uploads/2015/03/AirBnB-Final.pdf  Worker advocacy group's paper examines the history of Airbnb and its impacts on the housing market in Los Angeles; argues that short-term rental policies should protect neighborhoods and force Airbnb to share enforcement burdens.

Short Term Rental Advocacy Center. www.stradvocacy.org/  Information clearinghouse created by partnership of Airbnb, HomeAway, TripAdvisor, and FlipKey to help "responsibly foster this growing industry." Includes case studies and "best practices" promoted by the short-term rental industry.

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Staff Reports

Arroyo Grande (California), City of. 2014. "Memorandum: Consideration of Development Code Amendment 14-002 Regarding Vacation Rentals and Homestays; Location – Citywide; Applicant – City of Arroyo Grande." May 27.  Staff report discusses a range of considerations relating to a proposed ordinance sanctioning owner-occupied homestays and non-owner occupied vacation rentals in residential districts.  See adopted ordinance below.

Berkeley (California), City of, Department of Planning and Development, Land Use Planning Division. 2015. "Staff Report: Draft Ordinance on Short-term Rental Regulations." September 16.  Staff report discusses potential definitional and code enforcement concerns with proposed ordinance-in-progress as the city begins thinking about how to regulate short-term residential rentals.

Charlottesville (Virginia), City of. 2015. "City Council Agenda: Ordinance Adoption, ZM14- 00011 – Transient Lodging (Homestay)." August 17. Also, "Memorandum: Proposed Zoning Text Amendment, Tourist (Temporary) Lodging Offered Within Residential Dwellings." December 9, 2014.  Staff report discusses city's need to regulate the use of residential dwelling units as temporary lodging for tourists or other temporary stays; proposed ordinance regulates "homestays" as a home occupation requiring a provisional use permit.  See adopted ordinance below.

Mill Valley (California), City of. 2015. "Study Session: Policy Direction for Regulating 'Short- Term' Rentals." July 14.  Study session staff report discusses three approaches to regulating short-term rentals in the city — allowing them by right, conditionally permitting them, or prohibiting them — and enumerates various regulatory mechanisms that could be further investigated. Staff recommends a pilot program allowing short-term rentals by right with business license registration.  As an initial step, the city is requiring short-term rental operators to register their units with the city and pay transient occupancy taxes. See city website, "Living Accommodations – Short-Term Rental Requirements": www.cityofmillvalley.org/Index.aspx?page=1679

Pacific Grove (California), City of. 2015. "Agenda Report: Conceptual Modifications To Amend PGMC Chapter 7.40 Regarding Short-Term Rentals." September 16. Also, "A Vision for Pacific Grove in a Sharing Economy." November 4.  Staff report and paper discuss pros and cons of stricter regulations for short-term rentals, and outline conceptual qualitative and quantitative approaches to regulating these uses.

Piedmont (California), City of. 2015. "Council Agenda Report: Consideration of Short-term Rentals." September 21.  Staff report for public hearing on short-term rental regulation possibilities. Initial recommendations include considering single-family vacation rentals (unhosted unit rentals) with restrictions and performance standards and prohibiting homestays (hosted room rentals) or considering them with registration and performance standards. Includes extensive matrix of how other California communities address (or do not address) STRs.

San Diego (California), City of, Office of the Independent Budget Analyst. 2015. Report: Comparative Information on Short-Term Rentals. April 17.  Report examines short-term rental regulations in six peer cities, focusing on municipal registration and administration of STRs, as well as collection of appropriate taxes.

San Jose (California), City of. 2014. "Memorandum: An Ordinance Amending Title 20 of the San Jose Municipal Code (Zoning Code) to Allow and Regulate Transient Occupancy as an

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Incidental Use to Primary Residential Uses, to Modify Permitting Requirements and Occupancy Limitations for Bed and Breakfast Inns, to Amend and Add Long-Term Room Rental Limitations and to Make Other Technical, Nonsubstantive, or Formatting Changes Within Those Sections of Title 20." November 21.  Staff reports discussing considerations around and final tweaks for proposed ordinance for short-term residential rental regulations.  See adopted ordinance below.

San Luis Obispo (California), City of. 2015. "Council Agenda Report: Consideration of an Ordinance Allowing Owner-Occupied Homestay Rentals." January 6.  Council report discusses proposed ordinance that would permit owner-occupied homestay rentals while prohibiting short-term vacation rentals and regulating bed and breakfast uses. Includes environmental assessment report.  See adopted ordinance below.

Santa Monica (California), City of. 2015. "City Council Report: Vacation Rentals and Home- Sharing." April 28. Also, "A Vision for Pacific Grove in a Sharing Economy."  Staff report discusses proposed ordinance to reaffirm city's prohibition against vacation rentals while legalizing and regulating home-sharing uses.  See adopted ordinance below.

Sample Ordinances*

Ashland (Oregon), City of. 2015. Ordinance No. 3108: An Ordinance Amending Chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance Relating to Definitions and Accessory Travelers' Accommodations in Various Residential Zoning Districts.  2015 ordinance permits "travelers' accommodations" and "accessory travelers' accommodations." Operators of accessory travelers' accommodations must be present during the rental period; rentals are limited to a single reservation at a time. Both are considered commercial uses in multifamily districts and require conditional use approval and site design review. Standards and business licensing regulations apply.  See also city website, “Short-term Travelers’ Accommodations”: www.ashland.or.us/Page.asp?NavID=15727

Arroyo Grande (California), City of. 2014. Ordinance No. 663: An Ordinance of the City Council of the City of Arroyo Grande Amending Title 16 of the Arroyo Grande Municipal Code Regarding Vacation Rentals And Homestays.  2014 ordinance establishes definitions and performance standards for "vacation rentals" (non- owner-occupied structures) and "homestays" (owner-occupied dwelling units, maximum of two lodging rooms). Both uses require minor use permits; vacation rentals also require business licenses.

Austin (Texas), City of. 2013. Ordinance No. 20130926-144: An Ordinance Amending City Code Chapters 25-2 And 25-12 Relating To The Regulation Of Short-Term Rental Residential Uses And Other Regulated Lodging Establishments; Authorizing The Limited Refund Or Credit For Certain Fees Paid; And Waiving The Review Requirement Of Section 25-1-502.  2013 ordinance allows for three types of short-term rentals in multiple districts, including single family home districts, with license requirements, $285 fee, inspection requirements, and tax requirements. Type 1 is for owner-occupied units, and may include rental of less than an entire dwelling unit with the owner present; Type 2 is for non-owner-occupied single- family/duplex units; Type 3 is for non-owner-occupied multifamily units.  Austin is currently reviewing proposed updates to its short-term rental ordinance.  See also city website, "Vacation Rental Licensing": www.austintexas.gov/str

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Charlottesville (Virginia), City of. 2015. Ordinance of 9-08-2015: An Ordinance Amending and Reordaining Article IX and Article X of Chapter 34 of the Code of the City of Charlottesville, 1990, as Amended, to Establish a Special Category of Home Occupation to be Known as a “Homestay.”  2015 ordinance establishes "homestay" as a home occupation use for a primary residence. Requires a provisional use permit. Establishes occupancy and safety standards, allows for inspections, provides for revocation of permit with complaints.

Dania Beach (Florida), City of. 2015. Code of Ordinances. Chapter 16, Vacation Rentals. Tallahassee, Fla.: Municipal Code Corporation.  2011 ordinance covers vacation rentals of minimum 5-night stays within single-family, two- family, three-family, and four-family dwellings. Business tax payment and vacation rental certificate required with annual certification fee. Provides requirements for certificate application; inspection of unit required. Provides requirements for vacation rental agents, vacation rental occupants (limited to 2 persons per bedrooms plus two persons, up to a maximum of 10 people), and vacation rental units.

Durango (Colorado), City of. 2014. Land Use and Development Code. Chapter 2, Zones, Uses, And Development Yield; Article 2-1, Zones And Land Uses; Division 2-1-3, Use / Zone Matrices; Section 2-1-3-3, Residential, Transient Residential, and Overnight Accommodations Use / Zone Matrix. Article 2-2, Special, Limited, And Conditional Use Standards; Division 2-2-3, Specific Standards for Special, Limited, and Conditional Uses; Section 2-2-3-4, Standards for Transient Residential Land Uses and Overnight Accommodations; part G. Vacation Rental Homes. Chapter 4, Site Design And Natural Resource Stewardship; Article 4-5, Parking And Loading; Division 4-5-2, Parking and Loading Calculations; Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables). Chapter 7, Word Usage, Measurements, Calculations, And Definitions; Article 7-3, Definitions; part V. www.EnCodePlus.com.  2009 ordinance tightens regulation of vacation home rentals in to mitigate negative impacts of this use on residential neighborhoods. Vacation home rentals require special/conditional use permit; ordinance sets 500’ distancing requirement and 1-week minimum rental period, limits renters to 2 per bedroom plus 2 additional, requires local contact person. Provides permit application requirements.  See also city website, "Vacation Rentals in Durango": www.durangogov.org/index.aspx?nid=800

Encinitas (California), City of. 2015. Code of Ordinances. Title 9, Public Safety, Peace, and Welfare; Section 9.38, Regulating Short-Term Rentals. Seattle: Quality Code Publishing.  2006 ordinance requires permit for short-term rentals of residential units. Ordinance focuses on operational requirements to minimize adverse nuisance impacts of noise, disturbances, disorderly conduct, code violations, parking, and trash disposal. Must pay transient occupancy tax.

Evanston (Illinois), City of. 2013. Ordinance 50-O-13: Enacting a New Title 5, Chapter 9 of the City Code to Require the Licensing of Vacation Rentals.  2013 ordinance establishes licensing procedures for short-term (less than 30 days) rentals of dwelling units or portions thereof. Includes findings criteria for approving the license; includes requirements and standards, including 24-hour minimum rental period and prohibition of providing food or beverages to any guest.

Madison (Wisconsin), City of. 2013. File # 31136: Ordinance Amending Sections 28.032, 28.061, 28.072, 28.082, 28.091 28.151, and 28.211 of the Madison General Ordinances to add Tourist Rooming House to the Zoning Code. Also, "City of Madison FAQ: Tourist Rooming House."  2013 ordinance establishes "tourist rooming house" (also regulated by the state) as a conditional use in all districts. Requires licensure with initial and annual fees, registration with the treasurer’s office, payment of room tax, and a 500-foot spacing requirement.

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 FAQ brochure lists zoning regulations applicable to tourist rooming houses along with other requirements and offers information regarding various short-term residential rental scenarios.

Monterey (California), County of. 2015. Code of Ordinances. Title 21, Zoning; Chapter 21.64, Special Regulations; Section 21.64.280, Administrative Permits for Transient Use of Residential Property for Remuneration.  1997 ordinance amended in 2009 allows transient use of residential property for remuneration with an administrative permit. Rental periods must be no less than seven and no more than 30 consecutive days. Local contact required; on-site advertising prohibited.  The county is currently working on an update to the code, as the permit costs established by this version have made the process too cumbersome and expensive to encourage people to apply.

Nashville–Davidson County (Tennessee), Metropolitan Government of. 2015. Ordinance No. BL2014-951: An Ordinance to Amend Chapter 6.28 of the Metropolitan Code Pertaining to Short Term Rental Property. Also, Substitute Ordinance No. BL2014-909: An Ordinance to Amend Title 17 of the Metropolitan Code, Zoning Regulations, Pertaining to Short Term Rental Property (Proposal No. 2014Z-021TX-001).  2014 ordinances define and allow short-term rental properties ("STRPs") as an accessory use in all zoning districts that allow residential uses with permit. Maximum of 4 sleeping rooms permitted, simultaneous rental to more than one party is prohibited, minimum stay is 24 hours. Annual STRP permit required; may be revoked after 3 complaints.  See also city website, "Short Term Rental Property: Permit Information": www.nashville.gov/Codes-Administration/Construction-and-Permits/Short-Term-Rentals.aspx

Palm Desert (California), City of. 2012. Ordinance No. 1236: Adding Chapter 6.10, Short- Term Rentals. Also, Ordinance No. 1243: Amending Sections 5.10.050, 8.20.02, 9.24.075 and 9.25.020, Dealing with Property Maintenance Issues.  2012 ordinance highlighted as a "sensible" approach by the Short Term Rental Advocacy Center. Sanctions short-term rentals in residential districts with a short-term rental permit. Requires a minimum 3-day, 2-night stay, caps occupants at 2 per bedroom (with a maximum of 20), and stipulates numerous operational requirements, including a provision that operators must be available to respond to complaints within 60 minutes.  See also city website, "Short Term Rentals": www.cityofpalmdesert.org/Index.aspx?page=712

Portland (Oregon), City of. 2015. Municipal Code. Title 33, Planning and Zoning; Chapter 33.207, Accessory Short-Term Rentals. Also, Ordinance as Amended 1-14-2015: Amend Transient Lodgings Tax to Add Definitions and Clarify Duties for Operators of Short-Term Rental Locations (Ordinance; Amend Code Chapter 6.04).  2014 ordinance amended in 2015 sanctions two distinct types of accessory short-term rental uses of primary residences. Type A covers rentals of no more than 2 bedrooms; requires short-term rental permit, notification of adjacent properties. Type B covers rentals with 3 to 5 bedrooms; requires conditional use review and approval.  Amendment to Special Taxes title requires short-term rental Booking Agents to provide Host information and to collect and remit transient lodging taxes to the city.  See also city website, “Accessory Short-Term Rental Permits”: www.portlandoregon.gov/bds/65603

Saco (Maine), City of. 2014. City Code. Part II, General Legislation; Chapter 173, Seasonal Property Rental. Rochester, N.Y.: General Code.  2000 ordinance adopted to regulate short-term rentals of residential properties to protect public health and safety. Seasonal rental license with inspection required.

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San Buenaventura (California), City of. 2015. Code of Ordinances. Division 6, Business Regulations; Chapter 6.455, Short-Term Vacation Rentals. Tallahassee, Fla.: Municipal Code Corporation.  2007 business licensing ordinance amended through 2009. Permit, nuisance response plan, and surety bond of $1,500 required. Detailed performance standards provide restrictions on minimum length of stay and other operational and administrative requirements.  See also city website, “Short Term Vacation Rentals”: www.cityofventura.net/ft/STVR

San Francisco (California), City and County of. 2015. Administrative Code. Chapter 41A, Residential Unit Conversion and Demolition. Cincinnati: American Legal Publishing Corporation.  2014 ordinance updated in 2015 intended to stop the proliferation of online short-term rentals (and concomitant loss of affordable housing) by requiring all short-term rentals to be registered with the city and comply with business and tax code regulations. Requires online hosting platforms to collect and remit required Transient Occupancy Taxes. Establishes penalties for noncompliance.  See also city website, “Office of Short-Term Rental Registry & FAQs”: www.sf- planning.org/index.aspx?page=4004

San Jose (California), City of. 2015. Code of Ordinances. Title 20, Zoning; Chapter 20.30, Residential Zoning Districts; Part 2, Uses Allowed; Section 20.30.110, Incidental Uses. Chapter 20.40, Commercial Zoning Districts And Public/Quasi-Public Zoning District; Part 2, Uses Allowed; Section 20.40.115, Incidental Use, Residential. Chapter 20.70, Downtown Zoning Regulations; Part 2, Uses Allowed; Section 20.70.130, Incidental Use, Residential. Chapter 20.75, Pedestrian Oriented Zoning Districts; Part 3, Use Regulations; Section 20.75.230, Incidental Use, Residential. Chapter 20.80, Specific Use Regulations; Part 2.5, Transient Occupancy as an Incidental Use to a Residence. Tallahassee, Fla.: Municipal Code Corporation.  2014 ordinance establishes incidental transient occupancy of primary residences in all districts as a permitted use subject to compliance with performance standards, including limitations on occupancy based on size of unit and whether a host is present and payment of transient occupancy tax.

San Luis Obispo (California), City of. 2015. Ordinance No. 1611: Amending Title 17 (Zoning Regulations) of the Municipal Code Regarding Homestay Rentals and Approving the Negative Declaration of Environmental Impact.  2015 ordinance creates distinctions between homestays (owner-occupied short-term rentals), vacation rentals (non-owner-occupied short-term rentals), and bed and breakfast (commercial transient lodging in dwellings). Allows homestays with homestay permit, compliances with performance standards; prohibits vacation rentals.  See also city website, "Permits for Home Owners and Renters — Homestay Applications Now Available": www.slocity.org/how-do-i/apply-for/permits/permits-for-home-owners-and-renters

Santa Fe (New Mexico), City of. 2015. Land Development Code. Article 14-6, Permitted Uses and Use Regulations; Section 14.6-2, Use-Specific Standards; part A(5), Residential Uses - Short-Term Rental of Dwelling Units – Residentially Zoned Property.  2009 ordinance allows short-term rentals of dwelling units with permits. All residents may rent their units twice in a calendar year without a permit; certain other rentals are allowed (accessory dwelling units, rentals where the owner lives on a contiguous lot, rentals within a resort development); city caps number of additional permits at 350. No more than one rental permitted in a seven-day period; limited to 17 rental periods per calendar year. Permit application requires noticing all neighbors within 200 feet.  Santa Fe is in the process of amending their ordinance to meet increased demand for short term rental permits while also addressing the problems associated with illegal short term rentals.  See also city website, “Short Term Rentals”: www.santafenm.gov/short_term_rentals

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Santa Monica (California), City of. 2015. Ordinance Number 2484: An Ordinance Of The City Council Of The City Of Santa Monica Adding Chapter 6.20 To The Santa Monica Municipal Code Clarifying Prohibitions Against Vacation Rentals And Imposing Regulations On Home Sharing. Also, "City of Santa Monica Home-Sharing Ordinance Rules." June 12.  2015 ordinance authorizes home-sharing, where a primary resident lives on-site during the visitors' stay, with a business license. Hosting platforms must collect and remit transient occupancy taxes. Prohibits "vacation rental" uses.  See also city website, “Overview of the Home-Sharing Ordinance”: www.smgov.net/Departments/PCD/Permits/Short-Term-Rental-Home-Share-Ordinance/

Solana Beach (California), City of. 2015. Municipal Code. Title 4, Business Taxes, Licenses, and Regulations; Chapter 4.47, Short-Term Vacation Rental Permit. Seattle: Code Publishing Company.  2003 ordinance to control noise, vandalism, and overcrowding generated by short-term residential rentals. Annual permit required; rentals of fewer than 7 days prohibited. Applicants are expected to prevent unreasonable disturbances and disorderly behavior and to respond to complaints within 24 hours.

St. Helena (California), City of. 2015. Municipal Code. Title 17, Zoning; Chapter 17.134, Short-Term Rentals. Seattle: Code Publishing Company.  2012 ordinance requires special operator permit and fee for short-term rentals in residential districts; caps total number of permits and requires neighbor notification and hearing for permit approval. Sets operational standards to minimize nuisance potential.  The city is reviewing this topic and may revise its ordinance in 2016.  See also city website, “Short-Term Rentals”: www.cityofsthelena.org/content/short-term- rentals-0

Tillamook (Oregon), County of. 2012. Amendment #1, Ordinance #69: An Ordinance Amending Provisions for Regulating Short Term Rentals, Establishing Standards, Providing for a Permit, Establishing Fees and Creating Penalties for Violations of this Ordinance.  2009 ordinance amended in 2012 establishes annual short-term rental permit program overseen by the Building Official. Requires inspection, subjects short-term rentals to a number of standards related to noise levels, safety, maintenance and construction.  See also county website, “Community Development – Short Term Rental”: www.co.tillamook.or.us/gov/comdev/ShortTermRental/STR.htm

*The code excerpts contained in this Essential Info Packet are current as of December 2015, but do not reflect any amendments made after this date. Please visit municipal websites or websites of the code publishers for access to the most current versions of local codes.

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Background Resources

 Merriam, Dwight H. 2015. "Peering into the Peer Economy: Short-Term Rental Regulation." Zoning Practice, October.

Additional Online Resources

 California Legislative Analyst's Office. 2015. Overview of Sharing Economy and Short-Term Rentals. Sacramento: Legislative Analyst's Office. http://lao.ca.gov/handouts/state_admin/2015/Sharing-Economy-Rentals-031815.pdf

 Napa Valley Vacation Rental Alliance. 2010. Codifying Vacation Rentals Now Is Common-Sense Public Policy When Millions Are At Stake. January. wwwhite.com/nvvra/media/WHY%20CODIFYING%20VACATION%20RENTALS%20NOW%20IS %20GOOD%20PUBLIC%20POLICY.pdf

 National Association of Realtors. 2015. “Field Guide to Short-Term Rental Restrictions.” www.realtor.org/field-guides/field-guide-to-short-term-rental-restrictions

 New York State Office of the Attorney General. 2014. Airbnb in the City. Albany, N.Y.: Office of the New York State Attorney General. www.ag.ny.gov/pdfs/Airbnb%20report.pdf

 Robinson and Cole. 2011. Short-Term Rental Housing Restrictions. Prepared for National Association of Realtors. www.realtor.org/sites/default/files/reports/2011/short-term-rental- housing-restrictions-white-paper-2011-09.pdf

 Samaan, Roy. 2015. Airbnb, Rising Rent, and the Housing Crisis in Los Angeles. Los Angeles: Laane. www.laane.org/wp-content/uploads/2015/03/AirBnB-Final.pdf

 Short-term Rental Advocacy Center. www.stradvocacy.org/

ZONING PRACTICE OCTOBER 2015

AMERICAN PLANNING ASSOCIATION

ISSUE NUMBER 10 PRACTICE SHORT-TERM RENTALS ZONING PRACTICE ZONING AMERICAN PLANNING ASSOCIATION Ave. 205 N. Michigan 1200 Suite 60601–5927 IL Chicago, NW Street, 15th 1030 West Suite 750 20005–1503 DC Washington,

DOES YOUR COMMUNITY REGULATE SHORT-TERM RENTALS? 10 10 Peering into the Peer Economy: Short-Term Rental Regulation

By Dwight H. Merriam, faicp

You will recall, or if you are a millennial (18 to 34 years old), you might have read about the mantra that James Carville dreamed up for President Bill Clinton’s 1992 campaign: “It’s the economy, stupid.”

Today, for planners, thanks to the entirely new perspective brought to us by the millennials, our theme must be “It’s the sharing economy, stupid.” It is called variously collaborative con- sumption, the peer economy, and the sharing economy. More than half of millennials have used sharing services. It is permeating our daily lives in many ways. This new ethic about our relationship to things, to transportation, to where we bed down, and even to other people has taken us away from owning and exclusively using, to not Dwight H. Merriam owning, not possessing, and not using alone. We see the sharing economy in three broad spheres—transportation, goods and services, and housing. While our focus here is on short- This four-bedroom colonial home in Wetherfield, Connecticut, rents for $385 per term rentals, it helps to understand the larger night, with a four-night minimum stay. context for “home sharing.”

RIDE-SHARING REVOLUTION Ride sharing as a generic term encompass- Got a car, not making much use of it, and Transportation may be the most obvious and es short-term rentals, making your car available interested in making some money? You can most pervasive face of the sharing economy. to others, sharing rides, and driving or riding in make it available to others on a short-term Millennials own fewer automobiles than other taxi-like services brokered online through com- basis through peer-to-peer car-sharing services age cohorts. Millennials purchased almost 30 panies like Uber. including Getaround, which presently operates percent fewer cars from 2007 to 2011 (Plache Instead of owning a car, you can rent one in Portland, Oregon; San Francisco; San Diego; 2013). Why? Because they use short-term car on a short-term basis from companies such Austin, Texas; and Chicago. They will rent your rentals, public transportation, and ride-shar- as Zipcar and Enterprise Rent-A-Car. Why own car for you while you are away. Cars are covered ing services. They are less likely to get driver’s a car when you can conveniently pick one up with a $1 million policy, and they even clean licenses. One-third of 16 to 24 year olds don’t curbside and use it to run errands for a few it for you. RelayRides connects neighbors to have a driver’s license, the lowest percentage hours? let them rent cars by the hour or the day, and in over 50 years (Tefft et al. 2013). At the same Sharing a ride and splitting the cost is if you’re traveling more than 14 days, they will time, so we don’t get too carried away with made easier with services like Zimride (also by take your car at the airport, rent it for you, and this trend, as the millennials age, they will buy Enterprise Rent-A-Car), which links drivers with pay you. You can even do it for boats with Boat- more cars. Forty-three percent said they are riders at universities and businesses. You boom- bound. With the help of Spinlister, you can con- likely to buy a car in the next five years (Kadlec ers will remember the ride-share bulletin boards nect with others and rent a bicycle, surfboard, 2015). on campus. Same thing. or snowboard.

Dwight Merriam, faicp, founded Robinson & Cole’s Land Use Group in 1978, where he represents land owners, developers, governments, and individuals in land-use matters. He is past president of the American Institute of Certified Planners and received his masters of Regional Planning from the University of North Carolina and his juris doctor from Yale.

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 2 Want to make some money by driving others to help freelance home-service workers connect Maybe it began with the sale of timeshares in around in your car, or are you a rider who wants with home owners. the United States in 1974. These fractional in- to be driven? Just about everyone has heard of There seems no end to the sharing. Fon, terests have proved difficult to sell. Short-term Uber, the leader in this form of ride sharing, which touting over 7 million members, lets you share vacation rentals emerged as a better way for includes other services such as Lyft and now your home WiFi in exchange for access. The many, linking property owners with vacation- Shuddle for ferrying children around and Sidecar Lending Club connects borrowers and inves- ers through companies like HomeAway and its for both people and packages. Wireless communi- tors, enabling, so they say, better rates than numerous related entities, claiming over one cations, the Internet, and smartphones have made credit cards and more return for lenders than million listings. FlipKey does much the same such ride-sharing and delivery services possible. what banks offer. Over $11 billion has been with what it says are over 300,000 listings in This is a big deal. Lyft and Uber are worth $2.5 borrowed since it started in July 2007, with 179 countries. billion and $50 billion (more than FedEx and 405 investors earning a median of 8.1 percent. But Airbnb goes beyond vacation rent- companies in the S&P 500) respectively (Dugan Poshmark lets you show your unneeded cloth- als. You can rent a shared or private room 2015; Tam and de la Merced 2015). And want to ing in a virtual closet and get linked with for a night, a whole house, an apartment for be a driver but don’t have a car? You can rent one people who share your sense of style. You can your exclusive use for a week, a British castle from Breeze just for that purpose. even share your dog, or become a sitter, with (Airbnb says it has 1,400-plus castles), a tee- DogVacay and Rover helping you find a local pee, an igloo, a caboose, or an eight-foot by GOODS AND SERVICES PEER TO PEER dog sitter to care for your dog at your home or 14-foot treehouse in Illinois ($195 a night) if Beyond transportation, the sharing economy theirs. you wish. extends to relationships between people and The power of the Internet in facilitating The company, originally “AirBed & Break- service providers. There is peer-to-peer or collab- collaborative consumption was probably best fast,” was founded in 2008 by Brian Chesky, orative consumption through services like Task- evidenced first when eBay and Craigslist pro- Joe Gebbia, and later Nathan Blecharczyk. It Rabbit and Skillshare which provide help, paid or vided an online marketplace never experienced began when Chesky and Gebbia, to help pay bartered, or sometimes free. Instacart will grocery before. Today, we have web-based services like their rent, rented sleeping accommodations shop for you and claims it will deliver to your door Freecycle where people can post things they on three air mattresses in their San Francisco in an hour. You can be a shopper and delivery don’t want, the remnants of our overconsump- apartment living room and made breakfast for person for them, making up to $25 an hour. tion, and others can take that flotsam and jet- the guests (Salter 2012). The company is now NeighborGoods lets you share all those sam for free. Yes, for free. It solves the donor’s worth $25.5 billion and joins the ranks of the things you have but use so little, from leaf blow- solid waste disposal problem and provides free rest of the great ideas we wish we had thought ers, to pressure washers, to . . . well, take a look goods for the takers. of first (O’Brien 2015). in your garage, that place where you used to park your car. If you live in Austin, Texas; Den- SHARING THE ROOF OVER OUR HEADS GOOD OR BAD? ver; Kansas City, Missouri; Minneapolis; or San That brings us to the subject matter of great- Are short-term rentals good or bad for your com- Francisco, Zaarly seeks to create a marketplace est interest to planners—the sharing of space. munity? Like so many things, it depends. Brian J. Connolly

A second-floor condominium in this converted mansion in Denver’s Capitol Hill neighborhood offers a private bedroom and bath rental for $105 per night, with a two-night minimum stay.

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 3 term rentals may reduce commercial lodging revenues. In many situations STRs have an advantage over commercial lodging because the STRs do not pay the occupancy taxes paid by commercial lodging. Short-term rentals generally do not need the service workers employed in commercial lodging. Unions and service workers often oppose STRs.

State and Local Government Revenues to state and local government may go down as a result of STRs because, as noted, such rentals usually do not pay the occupancy and other taxes levied on commercial lodging.

Sorell E. Negro Airbnb does provide 1099 forms to hosts to report their income, and it has begun collect- ing and remitting hotel and tourist taxes in San Francisco; San Jose, California; Chicago; and This three-bedroom home near Miami’s Coconut Grove rents for $325 per Washington, D.C. (Hantman 2015). night, with a five-night minimum stay.

Health and Safety Affordable Housing Much of the STR market today is unregulated. Short-term rentals (STRs) increase the stock of Those who rent typically do not have their prem- furnished, short-term accommodations. Be- ises inspected to determine compliance with cause many of the rentals involve renting a room health, building, housing, and safety codes. For in a permanently occupied dwelling, they are of- its part, Airbnb does clearly state in its terms ten less expensive than commercial lodging. The of service that some localities have zoning or benefit for home owners or long-term tenants administrative laws that prohibit or restrict STRs who host STR guests is additional income, which and that “hosts should review local laws before can help offset mortgage or rent payments. listing a space on Airbnb.” Some contend that STRs may exacerbate Airbnb also provides a guide to respon- the shortage of lower cost rentals because land- sible hosting on its website, and what they do lords, attracted by the higher revenue stream address is good guidance for local planners and from STRs, are taking apartments out of long- regulators, and thus worth reading. How many term rentals, especially in tight markets like New hosts read and follow up on the suggestions is York and San Francisco (Monroe 2014; another matter. Airbnb’s list is still a good start- Moskowitz 2015). Others say high tenant de- ing point for local action. mand and demographics are the cause of the Many STR hosts do not have home own- problem, not STRs, which are a small share of ers and liability insurance to cover losses that the market (Lewyn 2015; Rosen 2013). may result from occupancy. There is a life safety issue here, and in the event of death, injury, or Aging in Place property damage, there may not be insurance

Short-term rentals of rooms in homes and apart- H. ThomasRobert coverage or sufficient assets available to cover ments not only provide additional revenue for the liability. those aging in place, but they may provide an AN OUNCE OF PREVENTION IS WORTH opportunity for sharing of chores and bartering This condo hotel in downtown A POUND OF CURE for services, just as accessory apartments do. Honolulu includes owner- and So said Benjamin Franklin, and it is apt here. This can enable older people to stay in their long-term renter-occupied units, You need only take a few relatively easy steps homes longer before transitioning to an inde- privately owned units available to get out ahead of the potential problems with pendent or assisted living facility. for daily rental through the STRs and capitalize on the good that such rent- building’s hotel operator, units als can provide your community. Commercial Lodging owned by the hotel operators, The only possible benefit of STRs with regard and privately owned units Moratorium to existing commercial lodging is that it may available for short-term rental This is not a recommendation, but something stimulate competition and lower prices for the through Airbnb and similar sites. consumer. The negatives are several. Short- worth considering. As you work down this list of

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 4 steps you will have the sense that you need to you want, and how do you get it. You need to Austin has separate application forms for do six things at once. You do. One way to get a know who is renting and what is being rented to Type 1 primary, secondary, and partial STRs. grip on it is take a “planning pause” moratorium whom for how long. You need to determine what All of these forms include owner and property on all STRs for, say, six months, during which you may expect in the future. What do you think identification information as well as insurance time no one can rent. However, given that the the demand is for STRs, in what mix of accom- information, number of sleeping rooms, occu- number of such rentals in many places is still modations, and for what length of tenancy? This pancy limit, and average charge per structure. To relatively small, it is unlikely that much harm will prove useful to deciding whether you need qualify as a Type 1 primary STR, the unit must be will come from letting them continue on while to limit the number of units available for STR owner occupied at least 51 percent of the time you plan and prepare to regulate. It may not be and to regulate the length of occupancy. and can only be rented out in its entirety and for worth the effort to have a moratorium. A morato- periods of 30 days or less. To qualify as a Type 2 rium takes time—for drafting, maybe some legal Regulate secondary STR, the unit must be accessory to an advice, and the expenditure of political capital Regulation probably will come in two forms: owner-occupied principal residence and can only in most cases—and may cause some pushback licensing of individual hosts to insure code com- be rented out in its entirety and for periods of 30 from those already renting, all of which may cost pliance and general regulation (either through days or less. To qualify as a Type 1 partial unit, more than the planning pause is worth. Morato- zoning or licensing standards) as to location, namely a room rental, the unit must provide ex- ria sometimes serve only to delay the inevitable number of units, and terms of tenancy. You will clusive use of a sleeping room and shared bath- hard work and are often extended. Back to Ben have to draw the line somewhere as to what is room access. Only one partial unit can be rented Franklin: “Don’t put off until tomorrow what you an STR and what is simply an unregulated rental. out at a time, to a single party of individuals, and can do today.” for periods of 30 days or less. Owners must be present for the duration of the rental. Education Conduct educational The annual licensing fee for STRs in Austin Learn what is available out there now by going is $235. Applicants must also pay a one-time to all of the websites and services that you can sessions in your notification fee of $50. find, most of which are identified here. Look Of course, as with all regulation there online to see what STRs are being offered in your community even before are those with schemes to beat the regulation. community. You may be surprised at how many trying to regulate, to There are sites online that advise potential of your friends and neighbors are already in the STR hosts to avoid posting on Craigslist, use STR business. Don’t forget to check Craigslist sensitize present and Airbnb’s community and social features to as well, and use an online search engine, such screen the reservations (presumably to avoid as Google, with a few key terms, like “rentals potential hosts to the enforcement types), “hide your home” by using Anytown” and “house-sharing Anytown,” to find Airbnb’s public view that only shows a large other STR activity. need for proper code circle within which the unit is located, use word Conduct educational sessions in your com- of mouth (or social networking sites) to rent the munity (“Everything You Need To Know About compliance. unit, and “get lost in the crowd” in that there are Short-Term Rentals”) even before trying to regu- thousands of listings in large places like Austin late, to sensitize present and potential hosts Is an STR a rental of less than 30 days or 90 (but not in the rural counties, suburbs, and to the need for proper code compliance, fire days, or some other somewhat arbitrary number small towns). This advice to those interested in prevention, emergency response, following rules of days, and everything else is just an unregu- breaking the law suggests that it will not always for rent controlled units, first aid, protecting lated rental? It is for you to decide. You will also be easy for code enforcement to find the STRs. privacy (e.g., disclosing security cameras), insur- want to consider whether owner-occupied STRs Perhaps some notice to all property owners, ance coverage, parking, noise, smoking, pets, might be regulated less strictly, given that the maybe a note with the tax bill, telling them of childproofing, operation of heating and ventilat- owner is present during the STR. the need to register would help. Free, simple, ing systems (including fireplaces and heating Austin, Texas, has a robust program with online registration might increase compliance. stoves), safe access, occupancy limits, deciding licensing. They carve out three types of STRs: The critical issue is life safety—you need to find what to tell neighbors, home owners association owner-occupied single-family, multifamily, or all of these STRs to make sure they are safe. approval, tax obligations, and any required zon- duplex units (Type 1); single-family or duplex San Francisco has an Office of Short-Term ing approvals. These sessions may also provide units that are not owner occupied (Type 2); and Rental, and in 2014 the city adopted major an opportunity to learn who is renting and to multifamily units that are not owner occupied revisions to its planning codes for STRs. Those connect with them. Consider establishing a (Type 3). There is a three percent limit by census amendments include some useful definitions of section of your municipal website as a resource tract on the Type 2 single-family and duplex hosting platform, primary residence, residential portal. You will not have all the answers to all STRs, a three percent limit per property on Type unit, short-term residential rental, and tourist the questions as you start, but you need to start. 3 STRs in any noncommercial zoning district, or transient use. The code requires registration, and a 25 percent limit per property on Type 3 occupancy of the unit by the owner not less than Planning STRs in any commercial zoning district. Howev- 275 days a year, maintenance of records for two Yes, planning. The rational planning model in er, each multifamily property is allowed at least years, certain insurance coverage, payment of its simplest terms is what do you have, what do one Type 3 STR, regardless of these limits. transient occupancy taxes, compliance with the

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 5 housing code, posting the registration number THE MAKINGS OF WORKABLE PROGRAM What Is the Limit of Use? on the hosting platform’s listing, and a clearly Overarching issues to consider include the Will you require the host to live in the residence printed sign inside of the front door with the nature of the activity you aim to regulate, the at least some minimum number of days per locations of all fire extinguishers in the unit and management structure of the STR, and the year? Will you limit rentals to some maximum building, gas shut-off valves, fire exits, and pull limits on STR use. number of days per year? Will you define STR fire alarms. The application fee and renewal fee as a rental of 30 consecutive days or less and every two years is $50. The hosting platform has What Is the Nature of the Activity You Will not regulate longer rentals in any way? Will numerous responsibilities, and there are fines Regulate? you regulate whole-house, exclusive-use rent- for violations. It is a good model from which to Presumably, hosting a STR is a private enterprise als differently, for example by only regulating start. and almost certainly not a commercial lodging when the house is rented for less than a week Isle of Palms, South Carolina, regulates business. It is a type of lodging that is largely or two weeks? And will you regulate renting STRs through zoning, defining an STR to be advertised online, through social media, and of rooms on a different schedule, for example three months or less. The city’s STR standards on bulletin boards. How will you draw the line by including room rentals only if they are less limit the number of overnight occupants to six between that modest, private activity and a than one month and otherwise not regulating and daytime occupants to 40 (can we assume a commercial operation? longer room rentals, which may be covered by wedding party or the like?), set a minimum floor zoning anyway, possibly under the definition of area per occupant, and establish off-street park- How Is It Managed? a rooming house? There are so many questions ing requirements. Does the host have to be the owner, and does to be answered and so many lines to be drawn. Monterey County, California, also regulates the host need to be there during the rental? If A checklist of considerations for hosts and STRs in its zoning code, defining STRs as rentals not, will you regulate differently in terms of num- public officials for planning, regulation, and between seven and 30 consecutive calendar bers of units allowed, number of days per year, operation might include current zoning require- days. The county considers stays of less than or terms of occupancy? ments; applicable codes (sanitation, health, seven days to be a motel/hotel use. The regula- building, occupancy among many); business tion provided for administrative approval of all licensing; business organization (none, limited STRs in operation at the time of its adoption in liability corporation, general or limited liability 1997 if the property owners applied within 90 partnership, Subchapter S, etc.); home owners days. Most of the existing, legal STRs date from association covenants and restrictions; other that initial round of approvals. Since then, there easements, covenants, restrictions on the land; have been some discretionary approvals, and lodging to be offered (room, whole house, host- many STRs are believed to be operating without occupied, length of stay); 911 marking at the the required permits. street; emergency notifications; food service San Bernardino County, California, permits (permitted? licensed?); federal, state, and local STRs, defined as rentals of less than 30 days, taxes; safety inspections; fire, smoke, CO2, and by zoning in the “Mountain Region” by special other detectors; fire extinguishers; child safety; use permit exempting multifamily condominium parking; insurance; emergency notifications; units in fee simple and timeshares with a previ- water and septic; safe hot water temperature; ous land-use approval. The development stan- electrical and plumbing in good repair; pest/ver- dards include code compliance, maximum oc- min-free (especially bed bugs); ventilation, heat, cupancy based on floor area per occupant and air conditioning adequate; no hazards; no mold the number of beds, off-street parking require- or excessive moisture; working doors, windows, ments, and signage specifications. Conditions and screens; adequate means of egress; linen of operations address the contents of the rental sanitation; and pool and spa maintenance. agreement, posting of the property within the unit with all the conditions of use, and details YOU’VE MADE YOUR BED . . . of fire safety and maintenance, even including a So goes the idiom from the French as early as prohibition on the use of extension cords. 1590: “Comme on faict son lict, on le treuve” (As Miami Beach, Florida, prohibits STRs in all one makes one’s bed, so one finds it). In plan- single-family homes and in many multifamily Karla L. Chaffee ning for and regulating STRs, you will indeed be buildings in certain zoning districts. the ones making the bed, and you will have to Registering all these STRs can be burden- lie in it. There are benefits and burdens in how some. Since May 1, 2015, Nashville has issued This building in downtown you permit STRs and many considerations to be 1,000 permits, and staff estimates the city still Boston includes a two-bedroom weighed. If you start with life-safety issues first, has 800 illegal hotels and motels (Bailey 2015). loft apartment that rents for $245 you can be quite certain the most important Wait times for all types permits went from 30 per night, with a seven-night aspect of this rapidly emerging sharing economy minutes to four hours because of all the STR minimum stay. phenomenon will be addressed. After that, it is registrations (Bailey 2015). the usual planning and politics.

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 6 REFERENCES

Airbnb. 2015. “Responsible Hosting.” Available at www.airbnb.com Nashville-Davidson (Tennessee), Metropolitan Government of. 2015. /help/responsible-hosting. “Short Term Rental Property.” Available at http://tinyurl.com Airbnb. 2015. “Terms of Service.” Available at www.airbnb.com/terms. /pnvn34s. Austin (Texas), City of. 2015. “Vacation Rental Licensing.” Available at O’Brien, Sara Ashley. 2015. “‘Crazy Money’—Airbnb Valued at Over http://austintexas.gov/str. $25 Billion.” CNNMoney, June 27. Available at http://tinyurl.com Bailey, Phillip. 2015. “Council Panel Gets Earful on Airbnb Proposal.” /oeus4ar. Courier-Journal, August 5. Available at http://tinyurl.com/nkaxf23. Plache, Lacey. 2013. “Millennials in Reverse: Why New Car Sales To Dugan, Kevin. 2015. “Lyft Value Soars to $2.5 Billion.” New York Post, The Youngest Generation of Drivers Slowed In 2013.” Edmonds. March 12. Available at http://tinyurl.com/pwj5g44. com, November 1. Available at http://tinyurl.com/nfn5qyc. Hantman, David. 2015. “Working Together to Collect and Remit in Rosen, Kenneth. 2013. “Short-Term Rentals and the Housing Market.” Washington D.C. and Chicago, Illinois.” Airbnb Public Policy Blog, Urban Land, November 22. Available at http://tinyurl.com January 28. Available at http://tinyurl.com/q36hht7. /pwfah33. Isle of Palms (South Carolina), City of. 2007. Ordinance 2007-2. Avail- Salter, Jessica. 2012. “Airbnb: The Story Behind the $1.3bn Room- able at http://tinyurl.com/q38aj7x. Letting Website.” Telegraph, September 7. Available at http:// Kadlec, Dan. 2015. “Turns Out (Gasp) Millennials Do Want to Own tinyurl.com/nkfes8t. Cars.” Money, January 20. Available at http://tinyurl.com/oyrn9sp. San Bernardino (California), County of. 2015. Code of Ordinances. Lewyn, Michael. 2015. “Airbnb and Affordable Housing.” Planetizen, Title 8: Development Code. Division 4: Standards for Specific Land April 21. Available at http://tinyurl.com/nju7yst. Uses and Activities. Chapter 84.28: Short-Term Private Home Rent- Montgomery (California), County of. 2015. Code of Ordinances. Title als. Available at www.amlegal.com/library/ca/sanbernardino 21: Zoning Ordinance. Chapter 21.64: Special Regulations. Section .shtml. 21.64.280: Administrative Permits for Transient Use of Residential San Francisco (California), City and County of. 2015. “Office of Short- Property for Remuneration. Available at http://tinyurl.com Term Rental Registry & FAQs.” Available at www.sf-planning.org /oae2tqw. /index.aspx?page=4004. Miami Beach (Florida), City of. 2015. “Vacation/Short-Term Rentals.” Tam, Pui-Wing and Michael J. de la Merced. 2015. “Uber Fund-Raising Available at http://tinyurl.com/o233g7z. Points to $50 Billion Valuation.” New York Times, May 9. Avail- Monroe, Rachel. 2014. “More Guests, Empty Houses.” Slate, February able at http://tinyurl.com/pawed6a. 13. Available at http://tinyurl.com/mbn6266. Tefft, Brian C., Allan F. Williams, and Jurek G. Grabowski. 2013. Moskowitz, Peter. 2015. “Why Airbnb Could Be Making It Even Harder Timing of Driver’s License Acquisition and Reasons for Delay among to Find Affordable Housing.” Daily Dot, July 27. Available at http:// Young People in the United States, 2012. Washington, D.C.: AAA tinyurl.com/qd97gv3. Foundation for Traffic Safety. Available at http://tinyurl.com/qjlu44y.

Cover image by Susan Deegan; design concept by Lisa Barton.

VOL. 32, NO. 10 Zoning Practice is a monthly ­publication of the American Planning Association. Subscriptions are available for $95 (U.S.) and $120 (foreign). James M. Drinan, jd, Executive Director; David Rouse, aicp, Managing Director of Research and Advisory Services. Zoning Practice (ISSN 1548–0135) is produced at APA. Jim Schwab, aicp, and David Morley, aicp, Editors; Julie Von Bergen, Assistant Editor; Lisa Barton, Design and Production. Missing and damaged print issues: Contact Customer Service, American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601 (312-431- 9100 or [email protected]) within 90 days of the publication date. Include the name of the publication, year, volume and issue number or month, and your name, mailing address, and membership number if applicable. Copyright ©2015 by the American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601–5927. The American Planning Association also has offices at 1030 15th St., NW, Suite 750 West, Washington, DC 20005–1503; www.planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste.

ZONINGPRACTICE 10.15 AMERICAN PLANNING ASSOCIATION | page 7 ZONING PRACTICE OCTOBER 2015

AMERICAN PLANNING ASSOCIATION

ISSUE NUMBER 10 PRACTICE SHORT-TERM RENTALS ZONING PRACTICE ZONING AMERICAN PLANNING ASSOCIATION Ave. 205 N. Michigan 1200 Suite 60601–5927 IL Chicago, NW Street, 15th 1030 West Suite 750 20005–1503 DC Washington,

DOES YOUR COMMUNITY REGULATE SHORT-TERM RENTALS? 10 10 Regulating Short-Term Residential Rentals PAS EIP-37

Staff Reports

 Arroyo Grande (California), City of. 2014. "Memorandum: Consideration of Development Code Amendment 14-002 Regarding Vacation Rentals and Homestays; Location – Citywide; Applicant – City of Arroyo Grande." May 27.

 Berkeley (California), City of, Department of Planning and Development, Land Use Planning Division. 2015. "Staff Report: Draft Ordinance on Short-term Rental Regulations." September 16.

 Charlottesville (Virginia), City of. 2015. "City Council Agenda: Ordinance Adoption, ZM14- 00011 – Transient Lodging (Homestay)." August 17. Also, "Memorandum: Proposed Zoning Text Amendment, Tourist (Temporary) Lodging Offered Within Residential Dwellings." December 9, 2014.

 Mill Valley (California), City of. 2015. "Study Session: Policy Direction for Regulating 'Short- Term' Rentals." July 14.

 Pacific Grove (California), City of. 2015. "Agenda Report: Conceptual Modifications To Amend PGMC Chapter 7.40 Regarding Short-Term Rentals." September 16.

 Piedmont (California), City of. 2015. "Council Agenda Report: Consideration of Short-term Rentals." September 21.

 San Diego (California), City of, Office of the Independent Budget Analyst. 2015. Report: Comparative Information on Short-Term Rentals. April 17.

 San Jose (California), City of. 2014. "Memorandum: An Ordinance Amending Title 20 of the San Jose Municipal Code (Zoning Code) to Allow and Regulate Transient Occupancy as an Incidental Use to Primary Residential Uses, to Modify Permitting Requirements and Occupancy Limitations for Bed and Breakfast Inns, to Amend and Add Long-Term Room Rental Limitations and to Make Other Technical, Nonsubstantive, or Formatting Changes Within Those Sections of Title 20." November 21.

 San Luis Obispo (California), City of. 2015. "Council Agenda Report: Consideration of an Ordinance Allowing Owner-Occupied Homestay Rentals." January 6.

 Santa Monica (California), City of. 2015. "City Council Report: Vacation Rentals and Home- Sharing." April 28. Also, "A Vision for Pacific Grove in a Sharing Economy."

AIRBNB, RISING RENT, AND THE HOUSING CRISIS IN LOS ANGELES

MARCH 2015

Roy Samaan

AIRBNB, RISING RENT, AND THE HOUSING CRISIS IN LOS ANGELES

Table of Contents

Executive Summary...... 2

Who is AirBnB? ...... 4

Early growth and Silicon Valley roots ...... 4

Regulatory uncertainty threatens IPO ...... 5

AirBnB’s Political Playbook ...... 6

The AirBnB Ecosystem ...... 8

Hosts and listing types ...... 8

Whole unit listings dominate key AirBnB markets ...... 8

The Los Angeles AirBnB Market ...... 9

High intensity use indicates hotel conversion ...... 10

Hosts with multiple units may be professional management companies...... 10

The bottom of the AirBnB economy ...... 13

AirBnB’s job costs ...... 15

AirBnB and the Housing Market ...... 16

AirBnB creates incentives to take units off the rental market ...... 16

High AirBnB density overlaps with higher rents and lower rental vacancy ...... 18

AirBnB in Los Angeles Neighborhoods ...... 21

Who Can You Trust? ...... 22

Public health and safety in hotels ...... 22

ADA compliance and enforcement ...... 23

Strained relations between AirBnB and its hosts ...... 25

Assumption of risk and liability ...... 25

Host guarantee and Peers’ homesharing liability insurance ...... 27

The Promise of Tax Revenue ...... 28

AirBnB revenue is clustered in established tourist districts ...... 29

Policy and Regulatory Intervention ...... 30

Portland, Oregon ...... 30

San Francisco, California ...... 32

New York City, New York ...... 33

Southern California Cities ...... 34

Principles for Regulating AirBnB ...... 35

Appendix A: Revenue Calculation ...... 36

Appendix B: Occupancy Rates ...... 36

Endnotes ...... 37

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Executive Summary

Sharing our homes has been commonplace for If there were negative effects arising from the as long as there have been spare rooms and transaction, they were largely limited to the buyers comfortable couches. Whether through word of and sellers. mouth, ads in newspapers or flyers on community bulletin boards, renters and homeowners alike AirBnB changes this basic formula. By incentivizing have always managed to rent out or share rooms the large-scale conversion of residential units in their living spaces. These transactions were into tourist accommodations, AirBnB forces decidedly analog, but they represented a genuine neighborhoods and cities to bear the costs of its peer-to-peer marketplace. Websites like Craigslist business model. Residents must adapt to a tighter eventually made connecting sellers to buyers housing market. Increased tourist traffic alters far more common. Companies like HomeAway neighborhood character while introducing new applied the same principle to the vacation home safety risks. Cities lose out on revenue that could rental market, allowing owners of vacant homes have been invested in improving the basic quality to connect with vacationers. In all these cases, of life for its residents. Jobs are lost and wages are transactions were limited to the buyers and sellers. lowered in the hospitality industry.

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This report seeks to explore the history of AirBnB, is twice as fast in AirBnB’s nine top neighborhoods understand how its public pronouncements as in the rest of the city. The UCLA Anderson deviate from observed facts, and identify the School of Business considers L.A.’s high cost of tangible and intangible effects that the company housing a “significant drag on job creation.” is having on our housing market, neighborhood cohesion and public revenues. In Venice, as many as 12.5 percent of all housing units have become AirBnB units, all without public A key component of this report is its analysis of approval. There are 360 AirBnB units per square the AirBnB market in Los Angeles based on a mile in Venice and longtime residents who never snapshot of AirBnB listings on October 17, 2014. intended to live next to hotels now find themselves Through the application of freely available code, dealing with noise and safety concerns that we have collected a comprehensive set of data negatively impact their quality of life. that includes information on AirBnB hosts, prices, listing locations and listing types. These data Over 80 percent of the taxes and economic provide a great deal of insight into the contours activity AirBnB claims to generate likely would of the company’s operations in and effects on Los have come to Los Angeles anyway, resulting in Angeles. taxes being paid, higher wages being earned and more money being spent by visitors. First, AirBnB’s impact on Los Angeles is far larger than previously understood. We identified 8,400 In short, AirBnB has become a major player in hosts and 11,401 AirBnB units listed for rent in Los Los Angeles and is having major impacts, often Angeles. negative. But Los Angeles is a key market for AirBnB as well. AirBnB is moving toward an Initial Second these units are not, by and large, the Public Offering (IPO), and can only capture the “shared” space implied by terms like host or billions of dollars it hopes to if it can address sharing economy. Instead, nearly 90 percent of one fundamental fact: AirBnB rentals, in L.A. and AirBnB’s Los Angeles revenues are generated by elsewhere, are largely illegal. lessors with whole units and leasing companies who rent out two or more whole units. This report argues that as the city begins the process of crafting a regulatory regime to address Third, AirBnB has created a nexus between tourism the company’s proliferation into residential and housing that hurts renters. The 7,316 units neighborhoods, any potential policy ought to be taken off the rental market by AirBnB is equivalent assessed by four key criteria: to seven years’ of affordable housing construction in Los Angeles. 1. Housing must be protected 2. Systematic approval requirements must be in place AirBnB density overlaps with high median rents 3. AirBnB must share the burden of and lower rental vacancy. The top nine AirBnB enforcement neighborhoods have a vacancy rate below the 4. Only true sharing should be allowed threshold the city uses to deny conversion of apartments to condominiums.

As a whole, Los Angeles has seen rental rates grow three times faster than San Francisco, while growth

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Who is AirBnB?

AirBnB sells itself as a platform akin to a community Early growth and Silicon Valley roots bulletin board. However, unlike most community bulletin boards, the company takes a percentage AirBnB’s early growth focused mainly on large out of every transaction, has centralized control events like the 2008 Democratic National over all listings, and maintains a global scope Convention in Denver and South by Southwest of operations. In other words, AirBnB is a hotel in Austin. With hotels in these markets at full company. It may be deregulated and decentralized, occupancy, AirBnB provided a listing service embedded within countless apartment buildings, for individuals with surplus space in their bungalow courts and leafy suburban streets, but homes or apartments to rent out to like-minded the company’s primary function is to make a profit travelers. After successfully completing these accommodating guests. proof of concept trials, Chesky and the other AirBnB cofounders were invited to participate According to the story AirBnB tells about its in Y-Combinator, a Silicon Valley tech start- founding, CEO Brian Chesky was unemployed up incubator program that connects budding 2 when he moved to San Francisco in 2007. A large entrepreneurs with major venture capital investors. design conference came to town and Chesky saw an opportunity to generate a bit of income by The company emerged as a favorite of renting out an air mattress in his San Francisco loft Y-Combinator founder Paul Graham who worked to conference attendees who could not find an to connect the AirBnB team to his contacts in the affordable hotel room. Chesky and his roommates venture capital world. An email exchange published accommodated three guests and provided them on Graham’s personal website, with full knowledge with breakfast. Thus, AirBed & Breakfast – now and permission of all parties involved, shows that known as AirBnB - was born.1 from a very early stage AirBnB sold itself as both a hotel competitor and as the foundation of a new

AirBnB's three co-founders, Nathan Blecharczyk (left), Brian Chesky (center) and Joe Gebbia (right) were added to Forbes list of billionaires in 2015.

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kind of peer-to-peer marketplace—“the eBay of major chains like Hilton and Intercontinental. The spaces” as Graham wrote to a potential funder. company generates revenue by charging hosts a three percent commission on each booking and The company touted its revenue stream as by charging travelers a commission of between six “counter-cyclical,” arguing that when the economy and 12 percent, thus generating a yield of anywhere declined, as it did while AirBnB pursued its initial between nine and 15 percent in commission for rounds of financing in 2009, more users would be every booking.6 drawn to the site since they “had to pay the rent.”3 In other words, people would want to rent out Market observers expect AirBnB’s successive rounds of fundraising are a prelude to an Initial Public Offering (IPO). However, renting out residentially zoned units as accommodation for Renting out residentially travelers runs counter to land use regulations and zoning codes.7 For example, a March 2014 memo zoned units as distributed by Los Angeles’ Deputy Planning accommodation for travelers Director Alan Bell states that short term rentals are runs counter to land use prohibited in single-family and lower density multi- regulations and zoning family residential zones. The memo notes that the status of short term rentals in higher density multi- codes. family and commercial zones is “complex.”8

Uncertainty around the legality of AirBnB’s core business model is further compounded by the their homes because rising housing costs made it fact that the company has not collected the hotel- harder to afford the rent or mortgage. As we will related taxes mandated by most jurisdictions. see, AirBnB returns to this claim time and time Municipalities have explored a range of regulatory again to sell its service to residents, regulators and options to address the proliferation of illegal hotels the public. As we shall also see, the claim is at once in residential neighborhoods. Consequently every misleading and even ironic, since AirBnB itself may municipality represents a proving ground for contribute to those rising costs. AirBnB. Each time a city normalizes the company’s activities, AirBnB becomes a more stable, secure Regulatory uncertainty threatens IPO investment. Receiving legitimacy from major markets, like Los Angeles, is a critical precondition Since April 2014, AirBnB has raised nearly $800 to moving into the IPO phase of the company’s million from global investment firms including TPG growth cycle. Capital, T. Rowe Price and Dragoneer Investment Group. AirBnB has been valued at $13 billion, placing the company in the upper echelons of the hospitality industry.4 At this valuation, AirBnB has a higher market value than both Hyatt ($8.4 Each time a city normalizes billion) and Wyndham ($9.3 billion).5 According to the company’s activities, media reports, the company has been responsible AirBnB becomes a more for booking 10 million guest nights since 2008, and its own estimates indicate the company may stable, secure investment. have booked more room nights in 2014 than

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AirBnB’s Political Playbook

AirBnB has marshaled a sophisticated political Culting’s author is Doug Atkin, who also happens operation any time the company has faced even to be AirBnB’s Global Head of Community.11 The symbolic regulatory action.9 This generally involves book is pitched as a way to “teach marketers how packing a room with dozens of hosts. Armed with to align themselves with a specific segment of the compelling stories, these hosts detail the ways in population, how to attract and keep new members, which renting out their spare rooms has enriched how to establish a mythology about the company, their lives and saved them from economic ruin. and how to manage a workforce filled with true The hosts seem motivated by a combination of believers.”12 The central thesis is that companies like financial self interest and a sincere belief that they Apple (“Think Different”) and Nike (“Just do it!”) compose a beleaguered community. This gives share many characteristics common to cults like the AirBnB a group of personal, heartfelt and therefore Unification Church or the Hare Krishna in that these effective spokespeople that most corporations can companies form a strong emotional connection only dream of. This is no accident, but rather the to their customers and these customers view result of a sophisticated operation based on a well- themselves as a part of a broader community. articulated marketing philosophy laid out in the book The Culting of Brands: How to Turn Customers into True Believers.10

This picture, taken from AirBnB’s website, highlights the company’s core principle of creating a sense of “belonging” through its service.

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As Atkin puts it in the conclusion of Culting: We have reached a unique intersection in society that favors marketers. On one side, established institutions are becoming increasingly inadequate sources of meaning and community. On the other, there has been a growth of a very sophisticated kind of consumerism… Alongside alternative religions, brands are now serious contenders for belief and community... [A]s long as traditional institutions fail, and marketers remain sophisticated, then brands can become credible sources of community and meaning.13

The Culting philosophy is evident in much of AirBnB’s marketing, from its founding myth about the air mattress to its use of hosts as spokespeople. To build up this base, AirBnB has hired political field operatives in addition to contracting with traditional PR firms. A simple LinkedIn search shows that AirBnB’s preference has been for hiring staffers with experience managing political campaigns. A December 2014 job posting for an AirBnB “community organizer” position, for example, listed “[r]ecruiting, training, and managing advocates of home sharing” as the primary job responsibility and “community organizing in political campaign[s]” as the top desired qualification for the position. As is the case with most jobs on a political campaign, the job listing also notes that the community organizer “will be a temporary position.”14

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The AirBnB Ecosystem

AirBnB’s success is based on a revenue-generating Whole unit listings dominate key model marked by externalized labor and overhead AirBnB markets costs and centralized, low-risk control over a proprietary marketplace. Exploring the key elements of this AirBnB’s marketing and political outreach may center marketplace sheds light on how the AirBnB system on private and shared room listings, but an examination functions and where the company’s internal workings of AirBnB listings in three key markets shows that the deviate from its public pronouncements. company’s marketplace is dominated by whole unit listings.15 Hosts and listing types Figure 1 AirBnB’s business model is composed of three elements: Percent of Listing Types by City hosts, listings and guests. Understanding the variations among these categories is a necessary step to unraveling 3% 4% 3% how AirBnB generates revenue. AirBnB lists three different types of units as follows: 32% 38% 34% 1. Whole units: An entire home, apartment or other accommodation. Host is not present in the unit during the guest’s stay.

2. Private rooms: A space within a host’s home or apartment with the expectation of some degree of privacy. Host is present in the unit during the guest’s stay. In this listing 64% 59% 62% type, the guest is essentially a short term housemate.

3. Shared room: Guest and host occupy the same living space, with a reduced expectation of privacy. This is the original NEW YORK CITY LOS ANGELES SAN FRANCISCO “airbed” or couch surfing model described by the Whole Units Private Room Shared Room founder.

In all the major markets for which data are available, the number of whole unit listings outweighs the other types Renting out whole units of listings by a nearly two-to-one margin, and shared exacerbates Los Angeles’ rooms make up an almost negligible portion of the market.16 A breakdown by listing type appears in Figure 1. existing shortfall of rental options while also creating Understanding the market mix of AirBnB’s listings is a safety hazards and quality of necessary step to gauging the effect the company has on residential neighborhoods. Renting out whole units life concerns for Los Angeles exacerbates Los Angeles’ existing shortfall of rental neighborhoods. options while also creating safety hazards and quality of life concerns for Los Angeles neighborhoods.

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The Los Angeles AirBnB Market

In a recent front page Los Angeles Times article These categories are: exploring AirBnB’s effects on neighborhoods, AirBnB reportedly claimed there were “roughly o Leasing Companies: Lessors listing two or 4,500 hosts in L.A”17 The story did not indicate how more whole units; o Single Lessors: Lessors listing a single whole many units AirBnB claimed to have in Los Angeles. unit; and o On Site Hosts: Hosts listing private rooms or In fact, this significantly understates the size shared rooms. and scope of AirBnB’s operations in the region. According to our data, as of October 17, 2014, there Figure 2, based on the company’s data, shows were more than 8,400 hosts in the Los Angeles that while those who actually “share”—the on-site area, nearly twice what AirBnB claimed. Even that hosts—are in the majority, they generate just 11 number understates AirBnB’s size. We found 11,401 percent of the company’s Los Angeles revenue.19 AirBnB lodging units in the Los Angeles hospitality 18 market. single lessors and leasing companies combine to generate 89 percent of AirBnB’s Los Angeles The categories AirBnB uses to describe its different revenue. A full 35 percent of revenue is generated types of lodgings are somewhat misleading. Terms by the six percent of the market that meets our like “host” and “sharing economy” imply a shared definition of “leasing companies.” space and the presence of the person renting out the space in all three listing types. To better On-site hosts listing shared rooms accounted for understand how the market actually works, we have less than one quarter of one percent of AirBnB’s Los developed a different system of categorization to Angeles revenue. In terms of revenue generation, more accurately reflect the size, type and scope of the spaces which most closely approximate AirBnB’s AirBnB’s tourist-serving operations. earliest days are almost completely eclipsed by the listings which most closely resemble traditional hotels.

Figure 2 Revenue Generation by Listing Agent Type

11%

52% 54%

42% 35%

6%

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High intensity use indicates hotel conversion

Commercial entities—the combination of leasing companies and individual lessors—are responsible for the most intensively used AirBnB units in the city. Rather than representing “surplus capacity” in the housing market, listings with hundreds of reviews present the clearest evidence of the conversion of residential uses into hotels.

For example, the most reviewed listing in our dataset is a Venice Beach guest home with 326 reviews and a minimum stay of two nights.20 In Appendix B we describe how we estimate This rent-controlled Venice apartment building has an occupancy based on this information. AirBnB unit with a 93 percent occupancy rate.

These adjusted booking data show this Venice The top 10 most highly reviewed AirBnB units had guest house was likely to have been booked for average occupancy rates of 66 percent, in line with 1,231 days, or 3.4 years.22 The listing’s hosts have industry rates. While not the most reviewed unit in been AirBnB members since 2009, meaning this our database one Venice studio, had an occupancy unit had an occupancy rate of 69 percent. The rate of 93 percent indicating this rent controlled 24 average occupancy rate for a limited service hotel unit is a near-constantly occupied hotel. is 67.8 percent, according to PKF Hospitality Research’s 2014 Trends in the Hotel Industry.23 Hosts with multiple units may be professional management companies As our category name suggests, “leasing companies” are not individuals. Instead, listing agencies have consolidated AirBnB listings under an assumed AirBnB host. A host going by the name “Ghc” is the most prolific host in our Los Angeles AirBnB database, with 78 whole units in a dense cluster spanning the border between Santa Monica and Venice. Ghc’s host page is pictured in Figure 3.25 Ghc is, in fact, the AirBnB page for Globe Homes and Condos, a company that describes itself as a “full service vacation rental management company.”26

The most reviewed AirBnB listing in Los Angeles is this Venice Beach guest house.

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Globe Homes’ owner is Sebastian de Kleer, who co- market in Los Angeles has become.30 In spite of founded the Los Angeles Short term Rental Alliance the fact that Danielle and Lexi received a “verified (LA-STRA) with Ari Eryorulmaz of AE Hospitality, ID” badge on their profile page, we have no way of another leasing company.27 Given its co-founders, knowing if they had any role in the properties other it is not surprising that LA-STRA is unambiguous than having their photo taken. All the listings featured about supporting the rights of “professionals in the on Danielle and Lexi’s AirBnB host page were actually short term vacation rental industry.” LA-STRA’s managed by Globe Homes and Condos. The Danielle mission is to “to organize and unify the vacation and Lexi host page is pictured in Figure 4. and corporate rental community with the purpose of being able to influence new developments in Ownership obscured laws and regulations regarding short term furnished Globe Homes works with property owners to 28 rentals.” However, in a New York Times’ piece convert their properties into de facto hotels. profiling the proliferation of illegal hotels in New Tracking down ownership information for these York City, de Kleer was far more succinct saying, “I units is difficult as AirBnB only releases exact unit 29 need to be able to compete with the hotels[.]” addresses once a booking has been confirmed. However, we were able to determine the exact Before listing themselves as Ghc, de Kleer’s company address of one of the Globe-managed AirBnB maintained its AirBnB presence under the name properties. A search of public records showed the “Danielle and Lexi.” The case of Danielle and Lexi apartment building, located a few blocks off Abbot is especially instructive in how complex the AirBnB Kinney, is owned by Michael Tatum. Tatum also

Figure 3: The profile page for Globe Homes and Condos

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Figure 4: Danielle and Lexi were the previous avatars of Globe Homes and Condos on AirBnB. owns 19 other properties throughout Los Angeles Michael Tatum is presumably well aware of and Santa Monica. Many of these properties also the limitations the RSO places on Los Angeles happen to be apartment buildings, although to landlords. His father, Thomas Tatum, donated the best of our knowledge these buildings have $125,000 in support of Proposition 98, a 2008 not been converted into tourist accommodations. initiative which would have allowed rent control Tatum purchased the building on Santa Clara Street, units to become permanently market rate after a low-density residential zone, in 2009 being vacated by a tenant.32 Thomas Tatum was also a major backer of Proposition 199 in 1996, Tatum has a contract with Globe Homes, and Globe Homes, under the guise of “Danielle and Lexi,” listed the units within the apartment building through In spite of the fact that AirBnB. The building has at least five units, all of which are covered by the City of Los Angeles Rent Danielle and Lexi received a Stabilization Ordinance (RSO, also called “rent “verified ID” badge on their control”).31 profile page, we have no way of knowing if they had Renting these units out to transient visitors allows Michael Tatum to sidestep the tenant protections, any role in the properties bars on eviction, and limited rent increases built other than having their photo into the RSO, while collecting a predictable income taken. stream from tourists.

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along with his business partner, Jeffrey Kaplan. The company does not monitor lodgings in any way, Tatum and Kaplan, who owned several hundred and relies exclusively on these ratings to determine mobile home units in California, would have the quality of the accommodation on offer.35 benefited greatly from the passage of Prop. 199 which was intended to phase out rent control The bottom of the AirBnB economy protections in mobile home parks.33 By renting their units out on AirBnB, the Tatums have finally AirBnB has argued that its service should be bypassed the RSO, while also providing an legalized on the grounds that it can help ordinary instructive example of the relationship between people supplement their incomes or remain in their AirBnB and rising housing costs described later in homes. The company has also taken the position this report. that “outdated” zoning codes are ill-suited to regulate the new, tech-driven “sharing economy.” Globe Homes recently retired “Danielle and Lexi” as their avatars. Nonetheless, the Danielle and In this economy, AirBnB is a clear winner. As of Lexi case underscores the regulatory complexity October 17, 2014 there were 11,401 listings in the that cities face when trying to enforce zoning and L.A. region as defined by AirBnB. Based on an housing ordinances at AirBnB units. Danielle and analysis of AirBnB listing data and data provided by Lexi were not ultimately responsible for following the company to the New York Attorney General’s city laws. The actual owners of a property need office, we estimate the total revenue generated by 36 never interact directly with the traveling public, these units to be $80 million in 2014 alone. and AirBnB provides no way to directly contact a property’s owner as opposed to its agents or However, our data show the very individuals who lessees. are meant to benefit the most from AirBnB’s service— “ordinary citizens”— are more than three This case also undermines one of the cornerstones times as likely to generate no revenue than hosts of AirBnB’s business model, namely that the with multiple listings. Analyzing listing data from company’s ratings and identity verification system AirBnB’s public facing site shows that 38 percent are a viable means by which travelers can vet of hosts with a single listing of any type generated their prospective hosts. Danielle and Lexi had a no income whatsoever. These hosts have essentially badge prominently featured on their profile page failed to generate any benefit from listing their indicating that they had a “verified ID,” but they homes on AirBnB. were at least two degrees of separation away from the property’s actual ownership. Our data show that the very A recent Boston University study suggests that AirBnB’s ratings are nearly worthless. According to individuals who are meant this study, nearly 95 percent of AirBnB properties to benefit the most from boast an average user-generated rating of either AirBnB’s service – “ordinary 4.5 or 5 out of 5 stars. These inflated ratings are citizens” – are more than believed to be caused in part by having hosts and guests review each other. As the New York Times three times more likely to coverage of this study noted, AirBnB guests that generate no revenue than seem too critical worry they “might get turned hosts with multiple listings. down by future hosts who worry [guests] will be too demanding.”34

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Hosts with access to more resources are able to 12 percent more for a similar apartment with similar extract the most benefit out of the AirBnB market. ratings and photos relative to black hosts.” The For hosts with two or more listings, the rate of authors’ statistical analysis controlled for “all of the failure to generate revenue is only 11 percent. Only attributes that are readily observable to a potential two percent of hosts with five or more listings have tenant browsing listings on AirBnB.” failed to generate revenue. Edelman and Luca conclude AirBnB’s attempts to Rather than disrupting the existing economic build trust into the market it created may have the order, AirBnB seems to have simply reinforced unintended consequence of enabling its users to that hierarchy. Our data show that AirBnB units impose a “significant penalty” on black hosts trying are most densely clustered in Los Angeles to earn income through AirBnB. Encouraging hosts neighborhoods with rents that are, on average, 20 to post photos of themselves and links to social percent higher than citywide median rent.37 These media profiles provides all the information needed to are affluent neighborhoods with attractive housing engage in discriminatory practices. AirBnB’s “verified stock and easy access to amenities. These are the ID” program may make it easier for prospective characteristics that make these places attractive to tenants to discriminate against black hosts.39 The tourists and residents alike.38 median percentage of African Americans in AirBnB’s key profit-generating neighborhoods is 4.6 percent, Research conducted by the Harvard Business School below the citywide average of 9.5 percent.40 has also uncovered a racial component to who is most able to profit in the AirBnB marketplace. Benjamin Edelman and Michael Luca conducted a study which found that “non-black hosts received

A representation of the regions of Los Angeles in which AirBnB generated revenue. Revenue generation is clustered in coastal neighborhoods and in a corridor stretching from the Miracle Mile, through Hollywood and Silver Lake, to Downtown Los Angeles.

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AirBnB’s job costs It is more likely that AirBnB units provide employment for, at most, 20 percent of the number of workers as If AirBnB units were hotel rooms, the 11,401 units a similarly-sized hotel. In other words, even a high on the Los Angeles market would employ more estimate finds some 1,500 workers in place of the than 7,400 hotel workers, earning an average wage 7,400 that would be in a hotel with as many rooms of $14.07 per hour.41 However, one way AirBnB as AirBnB. The wages paid to workers at AirBnB keeps overhead low is to outsource traditional lodgings may be 13.2 percent of what they would be at hospitality labor jobs, most notably housekeeping. a similarly sized hotel, resulting in a difference of $3.1 Housekeeping is likely carried out by domestic million a week in wages. workers employed by any number of home cleaning services.42 Domestic workers earn a median wage of Further, AirBnB may actually costs jobs in hotels. $10 per hour.43 A 2014 Boston University School of Management study demonstrated that AirBnB’s growth has had For every hour a domestic worker is hired to clean a statistically significant negative impact on hotel a tourist-serving accommodation, that worker is revenue.44 This effect compounds the downward underpaid relative to a hotel worker by an average pressure that AirBnB places on wages, as hotels are of $4.07. If AirBnB lodging employed as many less likely to give part-time employees any more hours workers as hotel lodging, and assuming a standard or hire new staff. 35 hour work week, paying AirBnB’s cleaning workforce at the median domestic worker rate For those workers in the AirBnB system, challenges results in $1.1 million less in wages than a similarly- extend beyond lower wages. Domestic workers face a sized hotel every week, or more than $54 million notoriously exploitative and unregulated employment every year. landscape. A study released by the University of Illinois Chicago and the National Domestic Workers Alliance found 61 percent of California domestic workers receive a wage insufficient to support a family and 54 percent of these workers reported working with toxic AirBnB may actually cost cleaning supplies. The report also found that “the lack jobs in hotels. of enforceable standards increases the likelihood of mistreatment.”45

Many housekeepers working for a hotel qualify for In fact, this likely understates the effect in several ways. healthcare under the Affordable Care Act. Domestic Although data are not available, it is almost certain that workers are likely to be employed by smaller AirBnB units do not provide as many jobs as hotels. employers or engaged as independent contractors, Hotels employ workers in many job classifications reducing the likelihood that they will qualify for AirBnB units do not—front desk, valet and parking, healthcare. Enforcing discrimination claims, overtime telephone operator, shuttle driver, security, and violations, and safety standards is challenging enough janitorial to name a few. These classifications account when all workers are directly employed by a single for two-thirds of the total hotel workforce. Moreover, employer at a single worksite, but exponentially more unlike in a hotel, most AirBnB units are not cleaned so in the diffuse domestic work sector.46 every day, and some may be cleaned by the owner or host rather than by a cleaning company.

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AirBnB and the Housing Market

Whether a market is digital or physical, basic economic principles of supply and demand are still operative. Traditionally, the rental housing market The 7,316 whole apartments and the hospitality industry do not intersect. currently listed on AirBnB However, AirBnB has created a platform that allows landlords to pit tourist dollars against renter dollars. represents nearly seven Landlords can potentially earn significantly more years’ of affordable housing money by converting traditional rental stock into construction at the current AirBnB units, as many appear to have done. rate of housing development. Los Angeles cannot afford to lose housing units. The Los Angeles Department of City Planning’s 49 Housing Needs Assessment shows that the city country. According to research conducted by needs an additional 5,300 units of affordable UCLA’s Ziman Center for Real Estate, 77 percent of housing each year to keep up with demand. low income Angelenos devote more than half their However, Los Angeles developers have only income to rent. averaged about 1,100 units of affordable housing per year since 2006. The 7,316 whole apartments AirBnB creates incentives to take units currently listed on AirBnB represents nearly seven off the rental market years’ of affordable housing construction at the current rate of housing development.47 The Morrison Apartments in Venice Beach show this new incentive structure in action. Located one block from the Venice Boardwalk, the 21 units in the Morrison are covered by the City of Los Angeles Rent AirBnB has created a Stabilization Ordinance. Coldwell Banker Commercial (CBC) recently listed the Morrison for sale. In an platform that allows Exclusive Offering Memorandum obtained by a member landlords to pit tourist of the Venice Neighborhood Council, CBC presents dollars against renter the conversion of the Morrison to AirBnB units as the dollars. Landlords can prudent financial choice for prospective owners. potentially earn significantly CBC estimates that a landlord could expect about $200,000 in net annual income by renting these rent- more money by converting controlled units out on the open market. If the new traditional rental stock into landlord converts the building into AirBnB units, CBC AirBnB units, as many appear estimates they could expect to bring in more than to have done. $477,000 per year, assuming a 67 percent occupancy rate. The projected rate of return under the Morrison’s residential configuration is estimated to be 5.6 percent, while the projected rate of return for configuring the Los Angeles has the highest percentage of renters Morrison as an AirBnB building is 13 percent.50 The of any city in the country. Although the average occupancy rate for nearby hotels is above 75 percent rental price in Los Angeles has increased over the and these properties consistently sell out during the 48 last three years, median wages have stagnated. summer high season.51 These factors have combined to make the Los Angeles rental market the least affordable in the

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Prepared by Coldwell Banker, this financial overview compares the rate of return for a traditional rental listing and conversion to an illegal hotel.

It is reasonable to assume that landlords and have moved out, their building’s owner has listed property owners across the city are making similar newly vacant apartments as short-term tourist cost-benefit analyses with respect to their housing accommodations rather than bringing in new long- stock. One enterprising AirBnB impresario, Jon term tenants. Residents also believe their landlord Wheatley, even posted a step-by-step guide for is no longer performing basic maintenance on their buying apartments for the purpose of running a apartment because they are not as profitable as the remotely-managed AirBnB listing.52 While Coldwell tourist-serving units. Banker does encourage prospective buyers to “check with the city” before converting a building into AirBnB stock, the challenges inherent to enforcing the zoning code on more than 11,000 AirBnB units has allowed these sorts of bootleg boutiques to proliferate unchecked throughout Los Angeles neighborhoods.53

This new incentive structure has very real consequences for Los Angeles renters. The Waldorf is an historic apartment building in the heart of Venice. As the building’s owner has begun converting the Waldorf into a de facto hotel, long- term residents have felt increasingly unwelcome The how-to guide posted by Jon Wheatley detailing how in their homes. As their friends and neighbors to purchase a rental unit and operate it as an AirBnB unit.

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Table 1 AirBnB’s Top Grossing Neighborhoods in the City of Los Angeles Percentage of total Number of Percentage Residential Neighborhood AirBnB Listings AirBnB Listings of Revenue Vacancy Rate Venice 12% 1,137 23% 4% Downtown 3% 270 14% 4% Miracle Mile 9% 848 9% 3% Hollywood 11% 980 7% 3.5% Hollywood Hills 5% 452 6% 3.5% Echo Park 3% 325 5% 3.5% Silver Lake 4% 361 5% 3.5% Mar Vista 2% 191 2% 2.6% Los Feliz 2% 196 2% 3.5%

Total 51% 4,760 73% Avg: 3.5%

Beyond the nuisance this has caused, Waldorf High AirBnB density overlaps with residents miss the sense of community they once higher rents and lower rental vacancy shared with their neighbors. They report being awakened by regular cleaning crew visits and not AirBnB has units listed throughout Los Angeles, recognizing the people they pass in the hallways but just nine of the City’s 95 neighborhoods are when they get home from work. responsible for generating 73 percent of the company’s revenue. These neighborhoods are ranked Even though a portion of their building is in Table 1 in order of the share of total revenue. already being used as hotel, Waldorf residents would likely be swiftly evicted if they rented The apartment listing service Lovely releases a out their apartments on AirBnB. In one case, a quarterly report of the Los Angeles rental market Venice landlord brought suit against one of his charting the growth in median rent. The Q3 2014 tenants who was renting out her rent-controlled report, released December 2014, highlights some Venice apartment at a nightly rate equivalent dynamics shaping the Los Angeles rental market. The to about $3,000 per month, while paying a rent report’s key finding is that rents in Los Angeles have of just $1,000 per month.54 This landlord was increased 10.4 percent between Q1 2013 and Q3 2014 presumably aware that his tenant was paying with a median rent of $1,865 across all unit types and a monthly rent well below the neighborhood’s sub-markets. This represents a growth rate more than median rent.55 AirBnB is plainly illegal in low three times that of San Francisco.56 density residential areas, and converting a rental apartment into a business is against the terms of The rapid growth in rents has a cumulative effect on most residential leases. Consequently, this landlord the regional economy. The UCLA Anderson School of had unambiguous legal grounds for an eviction. Business March 2014 Human Capital Report indicated He is now able to list this unit at the market rate, the high cost of housing in Los Angeles has created nearly tripling the rent he earns every month in the a statistically significant drag on job creation in the process. region.57

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AirBnB market density coincides with increase in rent since 2011.59 As shown in Figure neighborhoods that have rents well above the 5, since the beginning of 2013 rents in AirBnB’s citywide average. These neighborhoods boast an top neighborhoods have climbed 16 percent, as average rent 20 percent higher than the citywide compared to a 12 percent growth in the citywide average.58 median rent over the same time period.

Rental prices in these neighborhoods have Rental pricing is based on numerous economic increased substantially in recent years. Real estate factors and market forces, and we do not know listing company Zillow creates an index of Los the exact relationship between AirBnB density Angeles neighborhood rents going back to 2011. and median rents. It is telling that the average According to Zillow’s data, these neighborhoods vacancy rate for AirBnB’s top nine neighborhoods have all had double digit increases in rent over the stands at 3.5 percent. The City of Los Angeles last three and a half years; Hollywood’s rent has places special significance on neighborhoods climbed by 20 percent, while rent in Echo Park has with low vacancy rates. In 2006, at the height of increased by 31 percent. Mar Vista, a residential a boom in the conversion of rent-controlled units West Los Angeles neighborhood adjacent to both into condominiums, the Los Angeles City Council Venice and Santa Monica, has had a 41 percent passed an ordinance allowing City agencies to deny

Figure 5 Comparison in Median Rent Between AirBnB Top Neighborhoods and Citywide Median Rent

Top AirBnB Neighborhoods Los Angeles Median

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condo conversions in neighborhoods with vacancy rates below five percent.60 Removing rental units from these markets by the thousands, as AirBnB Removing rental units has facilitated, appears to have contributed to declining vacancy rates, and consequent rising from these markets by rents. the thousands appears to have contributed to Examining AirBnB listings turns up examples like declining vacancy rates, and the case of 1010 Wilshire, a high end apartment building with 227 units in Downtown Los Angeles. consequent rising rents. AirBnB lists Alexandra as the “host,” though as with Danielle and Lexi, we have no way of knowing if she runs the building or is merely an attractive least resistance to the highest rent possible. AirBnB image in a photograph. Either way, 1010 Wilshire’s has provided the tools and incentive structure that management has listed 20 percent of its units as make this decision not only profitable, but also tourist accommodations on AirBnB rather than reasonable. housing for locals.

When the rental market does not work in 1010 Wilshire’s management’s favor, they can participate in the tourist market instead. This distorts the rental market by limiting rental supply. In doing this, 1010 Wilshire’s management is following the path of

Host page for Alexandra, 1010 Wilshire’s AirBnB leasing Exterior shot of 1010 Wilshire from the leasing company’s agent. home page.

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AirBnB in Los Angeles Neighborhoods

When municipalities implement zoning codes they residents, it stands to reason that objective and have a basic purpose, namely the promotion of the subjective measures of neighborhood cohesion health, safety, and general welfare of the community. would decrease. A 2012 Urban Institute study Zoning codes fulfill this purpose by maintaining pointed to research around residential instability. a separation between major land use categories According to this study, “high residential instability (residential, agricultural, industrial, commercial) and in a neighborhood can result in reduced social by allowing only specified types of use in each major cohesion and disrupt institutions which, in turn, can category. Most municipal zoning codes generally do make a neighborhood more susceptible to crime.”65 not, for example, allow for the construction of heavy commercial uses in the midst of a single-family For many long-time Venice residents, this academic residential community.61 verification was unnecessary. They have seen first hand what it is like to have a neighborhood The Los Angeles Municipal Code treats residential converted into a hotel overnight. For one resident, zones with a great deal of deference, particularly it has meant watching an 80-year-old neighbor where new commercial developments are get sent to the hospital over a confrontation with concerned. If a new project is proposed that requires loud tourists on his block. He notes that there a variance from established zoning for an area, are “different people every week… hanging out neighbors within a 500 foot radius must be notified, smoking on the sidewalks.” He feels his community and an Area Planning Commission takes up the issue has changed for the worse, a sentiment echoed in a public hearing.62 by another Venice resident forced to leave after 27 years when the house he was living in was sold. In AirBnB’s Venice stronghold there are 1,137 AirBnB He says, “I’m not some romanticist that believes units. According to our estimates this is about 12.5 everything has to stay the same, but AirBnB has percent of all housing units in the community and an turned our neighborhood into a nightmare…We live average of 360 AirBnB listings per square mile.63 In on a ‘walk street’…where we knew our neighbors...I some parts of Venice whole blocks have been given don’t know the people here anymore.” over to illegal hotel operations.64 Public hearings and approval were not held for any of these conversions. Numerous tourists moving through a neighborhood By contrast, a local developer has sought to build can also exacerbate parking deficiencies and worsen the Abbot Kinney Hotel, an 82-room property, for overall quality of life for residents. Scott Plante, more than three years, working with the Planning a past member of the Silver Lake Neighborhood Department, community groups and numerous Council, has received more than 30 complaints over official and unofficial public forums. Approvals have the past year from neighbors. These complaints not been granted as of this writing. include unfamiliar cars blocking driveways, late night parties on formerly quiet streets, and concerns about One reason for the long process for the Abbot child safety in an environment with fewer familiar Kinney hotel is concerns about neighborhood eyes on the street. As Plante noted in a recent Los character and traffic. As the number of tourists in an Angeles Times story detailing the difficulties Silver area increases relative to the number of permanent Lake has had with AirBnB units, “It’s supposed to be a spare room — not corporate interests taking over our neighborhood and turning everything into a In Venice there are an virtual hotel.”66 average of 360 AirBnB listings per square mile.

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Who Can You Trust?

Public health and safety in hotels stain in the middle of the bed, you can ask to switch rooms, or at the very least to get new sheets. But Hotels are subject to numerous health, safety, when you check into an apartment in a foreign city, and insurance requirements. The city has seen you don’t have that option.”69 fit to regulate hotels differently than residential properties because they are different in If AirBnB were to mandate higher standards for fundamental ways. AirBnB allows hosts to utilize their hosts, their business model dictates that each their spaces like hotels without being subject to individual host would bear the responsibility for any of the same regulatory checks to which actual sanitation. The company has made some efforts to hotels have adapted over the years. connect hosts with local cleaning crews through a partnership with Handy, another shared economy According to the Los Angeles Municipal Code, company focused on residential cleaning.70 hotels must, for example, keep detailed registries of Nowhere in Handy’s promotional material does all guests. These registries are often used in criminal the company, which outsources cleaning duty to investigations and to “regulate sketchy motels that an undefined pool of cleaners, mention the kind 67 can serve as magnets for crime.” AirBnB hosts do of intensive sanitization offered by major hotel not maintain such records. Such registries can also chains.71 As discussed above, our data suggest help public health officials in tracking the spread some AirBnB units are being used with the same of infectious disease. By design, traditional hotels intensity and guest turnover as hotels, but without serve many more guests on a per unit basis than do the benefit of cleanliness standards. Without such typical rental apartments. This makes them more standards, infectious diseases may be transmitted likely to act as vectors for infectious diseases and more easily in AirBnB units. Without registries, vermin like bed bugs, influenza and measles. public health officials may have a harder time halting their spread. Hoteliers are aware of the risks and have instituted protocols to deal with these issues. Hyatt Hotels, for example, has instituted a chain-wide hypoallergenic rooms program that involves medical grade air filters and biannual intensive decontamination treatments.68 Even budget brands like Best Western equip their housekeepers with ultraviolet wands and black lights to ensure each guest room is thoroughly cleaned after each guest checks out.

As tech writer Brendan Mulligan discovered, a lack of standardized cleanliness can throw a major wrench into a trip. Mulligan is a self-described “big fan” of AirBnB. Unfortunately, on a recent trip Mulligan was greeted by pillows and sheets which he described as “disgusting” and possibly “soaked in every bodily fluid imaginable.” Mulligan goes on to say of the risk involved when booking an AirBnB apartment, “There is no baseline of cleanliness, and no immediate options if it doesn’t suit your needs. If, when you check into a hotel room, you see a big

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AirBnB is aware of these requirements, but the Some AirBnB units are being company does not verify any of its hosts’ claims of wheelchair accessibility. The company’s Host Help used with the same intensity Center summarizes a few salient points about the ADA and guest turnover as hotels, and notes that hosts with five or more listings “may” but without the benefit need to comply with the ADA.73 The company also points out that ADA requirements are not generally of cleanliness standards. applicable to residences. Only AirBnB knows exactly Without such standards, which hosts have five or more units at a single address. infectious diseases may be The best approximation we can make is to examine the transmitted more easily in number of people an AirBnB listing can accommodate. There are 647 whole unit AirBnB listings in Los Angeles AirBnB units. that accommodate five or more people. While these listings may exist in a regulatory grey area, commercial ADA compliance and enforcement hosts who operate de facto hotels are very clearly operating “places of lodging” as defined by the ADA. As public accommodation spaces, hotels are subject to the Americans with Disabilities Act (ADA) One such host owns a multifamily building in compliance standards. Under ADA guidelines, any Hollywood. He operates this property as a hotel public accommodation with five or more rooms set by using AirBnB to list out individual units that aside for guests qualifies as a “place of lodging” and are not rented out by long-term tenants. His is subject to the accessibility requirements set forth Cozmo property contains 32 multi-family units, a in the ADA.72 ADA requirements for lodging places fluctuating number of which appear to be rented include accessibility retrofits to entry and exit points, out via AirBnB.74 These units are available for both grab bars in restrooms, and designated lodgings long-term tenants through the traditional leasing for individuals with disabilities. As of 2012, lodgings process and to travelers through AirBnB. Were this must also enumerate through their reservation a full time hotel property, it would clearly be subject systems the types of accessible features in each to ADA requirements. handicap accessible room.

Figure 6: An AirBnB bathroom in a building with Figure 7: ADA compliant bathroom in a traditional more than five units. There are no grab bars in this hotel. Note grab bars and roll-in shower stall. bathroom.

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Cozmo units appear to be simultaneously residential and hotel uses. ADA compliant bathrooms in hotels, such as the one at a Hilton, shown in Figure 6, feature grab bars and showers that can accommodate a wheelchair.75 Cozmo management posted the image in Figure 7 to illustrate the bathroom in one of their units that has been marked as “wheelchair accessible” though it does not appear any different from most residential bathrooms.76

Under the ADA, hospitality reservation systems are required to give potential guests the option to reserve wheelchair accessible accommodations. Again, AirBnB’s inability to standardize its offerings may land guests who require wheelchair accessibility in some very inaccessible units. Take for example a listing in Hollywood which bills itself as “wheelchair accessible.” Perusing its attached photographs, one of which is shown in Figure 8, quickly turns up a Figure 9: Flyer advertising a party in Ari Teman’s New picture of a steep staircase leading to the bedroom. York City apartment. Teman was not aware of this party. There appear to be no additional accommodations in this listing that would allow a wheelchair bound guest to make his or her way up to the bedroom.

Figure 8: A “wheelchair accessible” AirBnB unit in Hollywood.

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Strained relations between AirBnB and its hosts The assumption of trust between AirBnB hosts and guests is the lynchpin holding the AirBnB marketplace together. Every horror story detailing travelers blindsided by misleading AirBnB listings or plagued by bed bugs undermines this trust.77 Misbehaving or destructive guests also shake the trust that hosts place in AirBnB. Hosts have faced illegal activity in their homes, theft of their belongings, or destruction of their property.78

New York City AirBnB host Ari Teman’s experience Figure 10: An image of a bedbug accompanying provides an instructive example of the risk hosts Rachelle Bergstein’s Yahoo Travel piece (Source: Getty incur when they rent out their homes. Teman agreed Images). to rent out his space because the prospective guest a key player in the boutique hotel segment by “had a verified account and he seemed legit… he had redeveloping underused historic buildings in urban three positive reviews.” Teman alleges the individual cores into high end boutique hotels. In a sense, the to whom he rented his home was in fact a party Joie de Vivre brand is a spiritual predecessor to promoter who never had any intention of using the AirBnB. Rather than focus on the utilitarian daily space as a last minute accommodation for his in-laws needs of travelers, both Joie de Vivre and AirBnB as he had initially claimed. A Google search of his attempt to entice travelers with the promise of a guest’s phone number turned up the promotional unique hospitality experience.81 flyer, shown in Figure 9. When Teman returned to his condominium, he discovered a “huge posse of large One of Conley’s key goals at AirBnB is to men and women… looking like they got tossed from professionalize the company’s hosts.82 These a club, hanging out in front” of his condo.79 When he initiatives currently include professional entered his home, Teman described the scene that photographers for AirBnB listings and referral to greeted him as “a group of nearly nude, overweight housekeeping services to ensure a uniformly tidy people” engaged in what the New York Post dubbed experience for AirBnB guests.83 an “overweight orgy.” After the story broke into the media, AirBnB paid Teman $23,000 to cover the Assumption of risk and liability damage resulting from “Pantie Raid.”80 AirBnB claims it is not at legal risk in the same Ari Teman’s story is admittedly salacious, but for every way as its hosts and guests. This is because “orgy” there are undoubtedly countless stories of the company treats its hosts as independent burned rugs, broken lamps, and stolen items. If these contractors.84 As such its legal position has been stories were to emerge and paint an uncharitable that it cannot be held liable for the actions of its portrait of the company, it could dim AirBnB’s ability to independent contractors or their guests.85 In high attract venture capital or issue its IPO. profile cases, like the “Pantie Raid” party described above, the company has settled out of court rather Against this backdrop, AirBnB hired Joie de Vivre than face prolonged media scrutiny. Hotels founder Chip Conley as its Head of Global Hospitality. Under Conley, Joie de Vivre arose as

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Risk is not distributed equally throughout AirBnB’s crawling across their duvet cover (See Figure 10). reservation process. Taking on the highest level of risk are AirBnB’s hosts who must contend with As it turns out, the host Bergstein rented from the uncertainty inherent in opening their homes was in fact “not the owner, or even a tenant… [h]e to strangers, while also risking the ire of landlords, was a listing agent” who pointed Bergstein to the neighbors, and city regulators. Hosts may also be part of the AirBnB Terms of Service that reminded held liable for injuries suffered by guests during guests that bookings are “made at the guest’s own their stay and any property damage that may result risk.” While Bergstein’s host ultimately relented in from unruly guests. Guests take on the risk of offering her a refund, she was dismayed to find that paying someone they do not know upfront for an receiving a refund meant that she could not leave accommodation that may or may not live up to the a review warning other guests of the unit’s bedbug listing description. problem. She reminds travelers in the review of her AirBnB experience that price should not be the Rachelle Bergstein, a travel writer for Yahoo! News, only criterion when selecting a place to stay. As experienced the pitfalls of AirBnB travel first- Bergstein noted “AirBnB might have the advantage hand. Bergstein booked from a host with “terrific over hotels when it comes to price and charm, [but] reviews.” Unfortunately, this host also had bedbugs. a midrange chain hotel is clearly a better choice if The morning after their first night in the “charming” you care about quality control.” Bergstein is not Silver Lake studio, Bergstein and her husband likely to give AirBnB another chance until “guests discovered a bedbug the size of an “apple seed” are assured of a corporate guarantee, too.”86

Figure 11: Rachel Bassini discovered feces smeared on her couch after she rented out her space on AirBnB.

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damage to Bassini’s home are pictured in Figures 11 and 12. When Bassini attempted to collect on the promise made by the Host Guarantee, an AirBnB representative told her that “the Host Guarantee only cover[s] structural damage, not contents.” Fearing that she had no further recourse, Bassini attempted to recover damages from her guest, but his AirBnB account had been suspended. AirBnB again denied Bassini’s claim because she failed to file a report within 72 hours. The Company issued her a $100 credit and deemed the matter closed. However, AirBnB reversed its decision after media inquiries and agreed to cover the cost to repair Bassini’s home, so long as she “submits the proper paperwork.”90

Figure 12: Rachel Bassini’s bathroom after she In January 2015, Peers, the lobbying group founded rented out her space on AirBnB. by AirBnB marketing executive Doug Atkin, began Host Guarantee and Peers’ offering “Homesharing Liability Insurance.” There is a monthly fee of $36 for this insurance, which homesharing liability insurance will cover personal injury and other claims up to $2 AirBnB does offer its hosts a guarantee that it will million for Peers members. However, this insurance cover up to $1 million in “Covered Losses” as defined does not cover claims related to bedbugs — a key by the company.87 However, this guarantee only covers risk associated with accommodating the traveling property damage and not major areas of homeowner public. Nor does the policy cover bodily injury liability such as personal injury suffered by a guest. arising from violations of the Americans with Moreover, a homeowner’s existing insurance may not Disabilities Act or “federal, state, local or common cover any such liability as the homeowner is engaged law regulating fire or life safety.”91 This policy has in a commercial enterprise.88 This is a significant point only been available for a short time, and it remains because the fine print of AirBnB’s Host Guarantee to be seen how it will be applied to claims made by specifies that it will only cover losses once hosts hosts who are in violation of their lease agreements have exhausted other coverage and only if hosts file and local zoning codes and regulations. claims with AirBnB within a specified window. Hosts are expected to wrangle with their own insurance companies, and with the guests who have damaged their home before AirBnB will even consider paying out on the Host Guarantee.89

In some cases, AirBnB has refused to abide by its own Host Guarantee, even where damage to a host’s property was clearly the result of guest misbehavior. When Rachel Bassini returned to her home after renting it out through AirBnB, she discovered “feces covering the bathroom and couch, used condoms all over the bedroom, and chewed gum on the floors, walls, and couches.”Some of the photographs of the

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The Promise of Tax Revenue

Our best estimates show that AirBnB’s Los Angeles been collected by hotels. This figure is equal to County listings generated $80 million in revenue about 45 percent of the wages lost by AirBnB’s during 2014, of which approximately $58 million domestic cleaners each year because they are not was earned within the City of Los Angeles.92 The paid the same wages as housekeepers in the hotel City of Los Angeles collects a 14 percent Transient industry doing the same work. Occupancy Tax (TOT) on a monthly basis from all hotel operators in the city limits, yielding a tax AirBnB’s study also claimed the company’s obligation of $8.1 million for AirBnB’s City of Los activities were responsible for $312 million in Angeles hosts. This tax is meant to be assessed on economic activity and the “support” of 26,000 travelers who rent a room from a hotel, motel, or jobs. As with the tax revenue, we estimate that 81.5 inn.93 percent of these benefits were merely shifted from one place to another, from hotels to AirBnB. In fact, As we explore below, AirBnB often approaches since visitors who stay in hotels spend more than cities with the promise of remitting a monthly fee those who stay in homes, the net effect of staying equal to the TOT in exchange for the passage of in AirBnB instead of a hotel is a negative one, and regulations that legitimize their business model. that may well outweigh any additional travel days. The rationale behind this offer is that cities will be adding new revenue to municipal coffers. However, Beyond that, there are negative externalities which this revenue is mostly reallocated from hotels which also go unconsidered in the limited economic would have remitted these taxes anyway. impact data that AirBnB released in December 2014. For example, the UCLA Anderson School of In AirBnB’s economic analysis, released in Business study found that the high cost of housing December 2014, the company asserts that 37 has a generated a statistically significant drag on percent of its guests would not have visited Los job creation in Los Angeles. Fewer rental units, a Angeles or would not have stayed as long as they drag on job creation, a reduction in tax revenues did were it not for AirBnB. Assuming AirBnB’s and a qualitative assessment of AirBnB’s effects numbers are true, a minimum of 63 percent of the revenue generated by its listings was reallocated from hotels and is not new. If AirBnB had no listings in Los Angeles, these guests would have stayed in Los Angeles hotels, supported good jobs If AirBnB had no listings in for Angelenos, and had a negligible impact on the Los Angeles, guests would city’s neighborhoods, all while paying taxes. have stayed in Los Angeles Because AirBnB merged the “would not have hotels, supported good jobs visited Los Angeles” and “would not have stayed for Angelenos, and had a as long” categories, it is not clear how these 37 percent of travelers are distributed. If we assume an negligible impact on the even split, then the number of travelers who would city’s neighborhoods, all have come to Los Angeles regardless of AirBnB’s while paying taxes. listings rises to 81.5 percent. This means Los Angeles would have received between $5.1 million and $6.6 million in TOT from hotel stays were it not for AirBnB. In this scenario AirBnB only offers $1.4 million in new TOT that would not have otherwise

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in neighborhoods are key elements that must be neighborhoods that are not typically beneficiaries considered before a accurate judgment of the of that spending. However, data derived from the company’s impact can be rendered. company’s public listings do not support this claim.

The top ten AirBnB sub markets in Los Angeles are listed in Table 2, with the number of whole units and Fewer rental units, a drag on a revenue estimate. job creation, a reduction in These ten neighborhoods account for more than tax revenues and a qualitative 50 percent of AirBnB listings as well as nearly 70 assessment of AirBnB’s percent of AirBnB revenue generated in the Los effects in neighborhoods Angeles area. Taken together, these neighborhoods encompass the heart of the L.A. tourist economy. must be considered before A May 2014 Los Angeles Chamber of Commerce a true judgment of the analysis found the Venice/ Santa Monica/ Marina company’s impact can be del Rey area is Southern California’s second most rendered. popular tourist destination, behind Disneyland. Hollywood, West Hollywood and Downtown Los Angeles are also singled out as key tourist- attracting districts.94 Nestled between Hollywood and Downtown Los Angeles, Silver Lake and Echo AirBnB revenue is clustered in Park contain many of the city’s top rated bars and established tourist districts restaurants.95 AirBnB is competing with traditional hotels for tourist dollars in the city’s most popular In Los Angeles, AirBnB revenue generation is tourist serving areas.96 clustered in key tourist districts. AirBnB claims its service helps drive tourist spending to

Table 2 AirBnB’s Top 10 Revenue Generating Neighborhoods Neighborhood Whole Total Whole Unit Whole Unit Total Whole Unit Units Units Percent of Units Revenue Revenue % of Rev. Venice 882 1,137 78% $11,787,842 $13,474,974 87% Santa Monica 538 773 70% $8,077,411 $9,315,075 87% Hollywood 646 980 66% $5,544,207 $6,747,061 82% Downtown LA 220 272 81% $5,885,101 $6,038,738 97% Mid-Wilshire 514 848 61% $4,079,629 $5,021,018 81% West Hollywood 455 619 74% $3,666,100 $4,181,391 88% Hollywood Hills 315 452 70% $3,541,258 $3,956,867 89% Silver Lake 268 361 74% $2,681,351 $3,043,461 88% Echo Park 230 325 71% $ 2,427,196 $2,639,005 92% Marina Del Rey 136 172 79% $1,582,497 $1,677,048 94% Total 4,206 5,942 71% $48,273,023 $56,094,638 88%

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Policy and Regulatory Intervention

AirBnB’s financial future will be determined in large According to a January 2015 Washington Post story, part by the company’s ability to convince municipal between July 1 and December 30 2014, AirBnB has authorities to grant the company legitimacy by turned over approximately $5 million in hotel fees establishing a regulatory framework around the to Portland and San Francisco.101 The combined company’s operations. When we examine the unit count of these two cities—7,600—is less than experiences that city regulators have had with the approximately 8,300 units within Los Angeles AirBnB three themes emerge: city limits. Moreover, tax rates in Portland are three percentage points lower than in Los Angeles. Yet, in 1. AirBnB will offer to remit fees equivalent just six months, AirBnB has turned over to the two to local tax rates to cities in exchange for cities 62 percent of what we estimate it would owe legalization. These fees are not negotiated in Los Angeles for whole year—a larger market with into any public code, but instead are determined by a contract negotiated higher tax rates. between the company and cities in private. AirBnB will not share information We may be severely undercounting AirBnB’s Los allowing cities to verify the accuracy of the Angeles revenues and tax obligation. If so, that 97 payments. would explain this discrepancy. However, this does not seem likely, given that we found twice as many 2. As evidenced in Portland, Oregon, AirBnB’s flagship “Shared City,” AirBnB will not hosts as AirBnB reported, and our estimates are participate in the enforcement of the model based in part on the results of a subpoena by the legislation it provided to the City, nor will the New York Attorney General. If our estimates are company monitor its listings for compliance.98 correct, an alternative concern must be raised. By agreeing to a privately negotiated agreement 3. The majority of AirBnB hosts will not comply with Portland and San Francisco, AirBnB may be with any licensing or permitting systems.99 AirBnB will not modify its listings to require paying more than it is required to pay in taxes. hosts to display their permit numbers, nor Many have rightly raised questions about how cities will it voluntarily turn over the addresses ensure they get all they deserve without proper of unlicensed hosts to regulatory agencies. monitoring. But the high payments here suggest an This refusal extends to providing addresses alternative danger—a company like AirBnB could so that cities can conduct basic safety overestimate the dollars involved to incentivize the inspections to ensure the health and well being of AirBnB’s own community of hosts city to adopt the laws the company wants. and guests.100 Portland, Oregon In the section that follows, we review the policy experience in several cities, and use the lessons With much fanfare, AirBnB designated Portland its first from those cities to begin formulating criteria “Shared City.” This meant that the company and the city through which one can assess any potential AirBnB had determined to work together to create a regulatory regulations. framework that would allow the city to collect hotel taxes in exchange for creating a new category of Before beginning that review, however, we want to housing in its planning code—the “Accessory Short raise a critical question about the basic proposal Term Rental (ASTR).”102 The City of Portland decided being offered by AirBnB—payment of significant to divide its ASTR regulation into two separate pieces funds in exchange for rules legalizing AirBnB’s of legislation. The first piece covered AirBnB units in operations. This system has gone into effect in two single-family homes, followed by a second ordinance cities, Portland and San Francisco. governing AirBnB units in multi-family housing.

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Both pieces of legislation relied on the same basic of all hosts have not obtained the necessary framework. If hosts complied with the application permits, had their units inspected for building requirements, they would be granted an ASTR and safety compliance, or notified their neighbors permit. This permit was to be displayed inside the of their intent to operate a short-term rental.106 ASTR unit and the permit number was required to Without any way to regularly identify individual be posted on all listings advertising the space. To hosts, the City of Portland Revenue Bureau had no receive this permit, hosts were obliged to pay a way to monitor how the monies it was receiving did nominal fee, notify their neighbors (or landlords) or did not relate to the overnight stays of visitors in of their intentions to rent their space and submit AirBnB lodgings. to an inspection to verify installation of smoke and carbon monoxide detectors. The policy also limited As Portland moved towards legalizing AirBnB the number of days that a homeowner could rent a rentals in multi-family units these issues became space in his home up to 95 days per year.103 key political sticking points in negotiations. Portland Commissioner Nick Fish took the lead in pressing Portland’s ASTR policy was passed as an AirBnB to release host addresses to the city. At a amendment to the City’s zoning code. These late December 2014 hearing, the Regional Head ordinances remain silent on the issue of hotel taxes. of Public Policy for AirBnB, David Owen, argued Instead the City’s Revenue Bureau negotiated a against releasing such data on the grounds that separate, private agreement to address specific it would constitute a violation of hosts’ privacy issues around hotel tax collection. A redacted rights. This argument did not pass muster with version of this agreement was only made public Commissioner Fish. As he put it: pursuant to a public records request made by reporter Elliot Njus at The Oregonian newspaper.104 We are not asking for people’s confidential While AirBnB repeatedly denied it was a hotel information. We are asking for an address of operator in the agreement, the company was asking a home-based business, and under your view for the city to treat it “as though [it] were a single because that has an internet component that 1,600 room hotel.”105 raises privacy concerns that are different than motels and hotels. We invoke the internet and we Further complicating matters is the fact that a claim an exemption from all the other laws and miniscule proportion of Portland’s AirBnB hosts rules of society. We welcomed you to Portland, have sought legitimization and taxation— the but we have to make sure that the guests in one Portland Revenue Bureau estimates that 93 percent of your hosts’ places—and you do not inspect

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your hosts’ places—we have to make sure that guest is safe, and the only way that we can do Passed in 2014, the San Francisco policy caps the it is to have an address. If we don’t have an number of days that a whole unit can be rented enforcement mechanism that works why on out at 90 per year. Although monitoring bookings earth would we give you the green light to do for compliance with this provision would be very something that we can’t reasonably enforce?107 simple for AirBnB, the company has refused to assist the city in enforcement. Out of approximately The City did ultimately “green light” the ASTR 5,000 hosts, as of February 15, 2015, only 130 had program to include multi-family units. However, set appointments with the Planning Department to the city also passed legislation to address Fish’s obtain their permits, drawing further comparisons concerns. In exchange for granting legitimacy to the to Portland’s experience.112 majority of AirBnB’s Portland listings, companies like AirBnB must now submit contact information Building in new enforcement mechanisms now for all hosts for any regulatory or tax purpose to the seems necessary to some previous AirBnB Revenue Bureau, as well as prominently display the supporters. San Francisco Supervisor Jane Kim host’s permit number on all listings.108 voted for the original ordinance but is now working to pass a supplemental ordinance that would How well this will work is not clear. At a public allow nonprofit organizations to sue to enforce hearing on this policy AirBnB’s David Owen refused the short term rental law. She believes the first to commit to following Portland’s new regulations if ordinance does not “have enough teeth” to ensure they included disclosure requirements for hosts.109 effective enforcement.113 Meanwhile, a coalition of The rules, as currently written, do not create any affordable housing and community organizations direct liability for AirBnB so long as they continue known as Share Better S.F. has begun the process to pay money to the city. of collecting signatures to place an initiative on

San Francisco, California Passage of San Francisco’s AirBnB regulations was rendered no less contentious by the fact that the city is AirBnB’s birthplace. As has been widely noted, San Francisco has undergone dramatic rent increases in recent years. These increases have been exacerbated by the limited supply of housing in the city. Not surprisingly then, the process to pass an ordinance pitted housing advocates against AirBnB as both sought to influence the San Francisco Board of Supervisors. Housing advocates pressed for a requirement that AirBnB pay some $25 million in back taxes.110 They also wanted a ban on AirBnB units in rent-controlled buildings and a prohibition against renting units that have been vacated under the Ellis Act. None of these amendments were included in the final legislation, although some San Francisco Supervisors vowed to pursue these items as stand-alone legislation.111

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the next municipal ballot that would implement far stricter regulations on AiBnB rentals in the City.114

New York City, New York New York City has taken a more hardline approach to regulating AirBnB than either San Francisco or Portland. Under New York State law, residential rentals shorter than 30 days are considered illegal. New York City has taken the lead in halting AirBnB’s expansion through rigorous enforcement of this law, while New York State Attorney General New York City residents rally against AirBnB ahead of a Eric Schneiderman has served the company with January 20, 2015 New York City Council hearing. subpoenas to get exact addresses and revenues strategy to maintain rental affordability in the generated by AirBnB listings. As a result of these notoriously pricy city. The City Council has pressed subpoenas, the Attorney General’s office found for increased transparency and accountability from that more than 72 percent of AirBnB’s New York AirBnB. During the course of an eight hour hearing City revenue was generated by illegal listings. The to determine what impacts AirBnB has had on New Attorney General’s report also found that commercial York’s housing stock, it was found that AirBnB hosts dominated the New York City AirBnB market. could force hosts to comply with state law, but the company has refused to do so. Upon pointed Share Better New York, a coalition of affordable questioning from City Councilmembers, AirBnB housing, community, and labor organizations Head of Public Affairs David Hantman admitted not has been pressing New York City to address the having done any research to determine which listings proliferation of illegal hotels as part of a broader

New York City Councilwoman Helen Rosenthal addressed a crowd of affordable housing advocates as they rallied against “illegal hotels” ahead af an eight-hour hearing on the sharing economy at the New York City Council (Photo: Capital New York).

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are illegal.This answer failed to satisfy New York City The city of West Hollywood, under the direction Councilman Jumaane Williams. “Wouldn’t that be of the City Manager, created the Shared Economy something a responsible company would do if they Task Force to study home and ride sharing in West wanted to keep doing business in New York City?” Hollywood. The Task Force recommended that Williams asked. the West Hollywood City Council draft legislation to amend the zoning code to define “short term The company’s refusal to assist with enforcement in rentals” and reiterate that these types of rentals are Portland, San Francisco and New York City seems to illegal in West Hollywood. The West Hollywood City have more to do with ideology than with technical Council is now considering the matter.116 capacity. As expressed by the company’s Head of Public Affairs, David Hantman, AirBnB believes “very In May 2014, Malibu’s City Council voted to authorize strongly that you should be allowed to rent out your officials to issue subpoenas to gather accurate own home whenever you want.” information on the scope of short term rentals. These types of rentals are legal under the Malibu zoning The marathon hearing also found that complaint- code, but must be registered with the city and remit based enforcement does not effectively curtail the hotel taxes. To date, only 50 Malibu properties have proliferation of illegal AirBnB listings. In the last year, complied with these regulations, although the City the Mayor’s Office of Special Enforcement received noted there are more than 400 listings on various nearly 1,150 complaints leading to nearly 900 short term rental sites.117 inspections. However, a recent survey has shown the overall number of AirBnB listings in New York Los Angeles City Council has also begun the process City has not changed since aggressive enforcement of assessing AirBnB’s effects on the the city. The began.115 Council has convened a Shared Economy Working Group to assess the best practices in regulating the Southern California Cities shared economy in the residential sector.118 In the greater Los Angeles area, the cities of Malibu and West Hollywood have begun the process of regulating AirBnB-type rentals within their city limits.

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Principles for Regulating AirBnB

As we have seen, cities are clearly grappling with AirBnB must share the burden of enforcement how best to regulate AirBnB. While cities have Cities have not been able to effectively regulate employed a variety of strategies to control AirBnB’s AirBnB. Without the company’s cooperation, cities proliferation, no municipality has been able to must pay the costs associated with investigation effectively limit the growth and negative effects and enforcement of existing zoning codes. Even of the large-scale conversion of residential units when AirBnB has seen its preferred legislation into tourist accommodations. What may have been pass, the company has refused to participate in considered “best practices” a year ago, today seem policing listings. As we have seen in New York City, rushed and nearly unenforceable. Given the shifting enforcement strategies focused only on hosts but policy landscape, it may be worthwhile to establish not on the company facilitating potentially illegal an evaluative framework that can be applied to any activity, will fall short. proposed short-term rental policy. Only true sharing should be allowed Housing must be protected The majority of AirBnB’s Los Angeles hosts are Los Angeles has faced a severe shortfall in housing on-site. Because they are present to monitor their units, leading to low vacancy rates and rapidly guests’ behavior, and because these types of increasing rents. AirBnB’s highest density is in the AirBnB listings do not remove units from the Los neighborhoods where these dynamics have been Angeles housing market, they create fewer negative especially pronounced. Any policy should have externalities than other types of AirBnB listings. protecting housing units as a top priority. Protecting these types of listings while curtailing off-site and commercial hosts represents a smart Systematic approval requirements approach to balancing the needs of Los Angeles Neighborhood cohesion is vital to preserving communities with the desire of some residents quality of life and safety in Los Angeles to rent out space in their homes while they are communities. One neighbor’s decision to list her present. unit on AirBnB can have wide-ranging negative effects. As with any land use change that has a potentially negative effect on a community, neighbors in the vicinity of a prospective AirBnB unit should receive advance notification of the potential AirBnB listing and be granted an opportunity to object to this conversion. Based on public input, the city should have the opportunity to approve, reject or impose conditions on a proposed AirBnB conversion. In this way, AirBnB’s impacts on neighborhoods can be mitigated and provisions for clear disclosure guidelines and dispute resolution procedures can be established. Los Angeles should also protect renters by requiring permission from landlords before a rental unit can be placed on AirBnB.

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Appendix A: Revenue Calculation

Our analysis shows that there were more than 114,000 reviews left on AirBnB listings. The number of reviews attached to each listing is the best approximation of the number of visitors that a given AirBnB unit has accommodated. Since travelers can only leave a review on a listing after they have completed their stay, every review indicates a confirmed stay. However, not every guest leaves a review after her stay, so our estimates are likely to undercount the volume of guests served by each unit.

The number of reviews also allows us to approximate the revenue generated by each unit listed on AirBnB. By multiplying the number of reviews, the minimum stay, and the listed price, we have been able to estimate the minimum total revenue generated for each individual unit in our dataset. This formula yielded our initial revenue estimate of $37,726,492 in Los Angeles for 2014.

We applied the same formula to data we pulled down from New York City’s public AirBnB listings to yield a revenue estimate of $121,219,400. We also compared our estimated revenue to the actual value calculated by the New York Attorney General’s AirBnB analysis. The Attorney General’s report on AirBnB calculated AirBnB’s 2014 New York City revenue based on booking information the company turned over after being served with subpoenas. The Attorney General’s office showed AirBnB generated revenue of $282 million in 2014. Using this data point, we created a ratio to determine the relationship between our revenue estimates and actual revenue. We therefore concluded that our Los Angeles revenue was undercounted by a similar rate and revised our estimates upward. This formula also allows us to understand which hosts have failed to generate any revenue at all. We define the failure rate in this instance as the percentage of hosts who have not made any money by listing their space or spaces on AirBnB. Appendix B: Occupancy Rates

Occupancy rates for AirBnB listings are calculated by first multiplying the number of reviews by the average minimum stay for all listings. Following the procedure described in Appendix A, we then create a conversion factor based on the New York Attorney General’s bookings data. Our New York City dataset showed a total of 239,950 reviews had been left on New York’s AirBnB listings. We know from the booking data that there were 497,322 AirBnB stays booked through AirBnB. We then applied this ratio to our own review data to obtain a more accurate estimate of the number of stays at a given AirBnB unit. Hosts list the year that they joined AirBnB, which allows us to then compare the number of stays to the number of days that the host has been active to generate an estimate of an individual unit’s occupancy rate.

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Endnotes

1. “AirBed & Breakfast for Connecting ‘07.” Core77. N.p., 10 17. Alpert-Reyes, Emily. “Los Angeles Gives Hosts, Neighbors Oct. 2007. Web. 19 Feb. 2015. http://www.core77.com/ Mixed Signals on Short-term Rentals.” Los Angeles Times. blog/events/airbed_breakfast_for_connecting_07_7715. Los Angeles Times, 7 Feb. 2015. Web. 19 Feb. 2015. asp#comments. 18. This market includes independent cities that are 2. Y-Combinator has been responsible for such varied tech generally linked to Los Angeles by hotel industry mainstays as Dropbox, Reddit, commenting system analysts. These include Santa Monica, West Hollywood, Disqus, and meme sharing service 9Gag, among others. Culver City, Long Beach, and Malibu. 3. Graham, Paul. “Subject: Airbnb.” Paulgraham.com. N.p., 19. Figure 2: Author’s calculations. Mar. 2011. Web. 19 Feb. 2015. http://www.paulgraham. 20. Author’s calculations. com/airbnb.html 21. Conley, Chip. “What I Learned from You.” Blog.airbnb. 4. Bradshaw, Tim. “Airbnb Valued at $13B Ahead of Staff com. AirBnB, Inc., 3 June 2014. Web. 19 Feb. 2015. Stock Sale.” CNBC.com. CNBC,LLC, 23 Oct. 2014. Web. 19 22. See Appendix B. Feb. 2015. http://www.cnbc.com/id/102117120#. 23. PKF Hospitality Research Trends in the Hotel Industry 5. De, Michael J. “New Capital Could Raise Airbnb Value To U.S. Edition 2014. $10 Billion.” DealBook New York Times, 20 Mar. 2014. 24. AirBnB, Inc. AirBnB Listing Page: https://www.airbnb. 6. According to the company, AirBnB’s commission on each com/rooms/528860, Accessed 19 February 2015. booking is dependent on the “size of the reservation.” 25. AirBnB, Inc. Ghc AirBnB Host Page https://www.airbnb. The company is not clear on whether this refers to the com/users/show/1463129, Accessed 19 February 2015. dollar value, length of stay or some other factor. 26. Globe Homes and Condos, About Us, http://www. 7. Bradshaw, AirBnB Valued $13B, CNBC 2014. globehomesandcondos.com/about-us. Accessed 19 8. Sumers, Brian. “Airbnb’s Short-term Rentals Break Law in February 2015. Los Angeles, Says City Memo.” The Daily Breeze, 21 Mar. 27. Los Angeles Short Term Rental Alliance, Our Story, 2014. Web. http://www.la-stra.org/our-story/ Accessed 19 February 9. Kudler, Adrian. “Airbnb-Affiliated Lobbying Group 2015. Defeats Venice’s Attempt To Regulate Vacation Rentals 28. Los Angeles Short Term Rental Alliance, Mission In Los Angeles.” Curbed LA. Vox Media Inc, 25 Nov. 2013. Statement, http://www.la-stra.org/mission-statement/. Web. 19 Feb. 2015. Accessed 19 February 2015. 10. Spector, Michael. “TPG-Led Group Closes $450 Million 29. Higgins, Michelle. “Vacation Rentals Pile on Luxuries.” The Investment in Airbnb.” The Wall Street Journal. Dow New York Times. The New York Times, 01 Jan. 2011. Web. Jones & Company, 18 Apr. 2014. Web. 19 Feb. 2015. 19 Feb. 2015. 11. Atkin is also the founder of Peers, a lobbying group 30. Screen Shot of Danielle and Lexi Host Page. Accessed 3 representing several sharing economy enterprises December 2014. including Uber, home cleaning service Handy, as well as 31. LADBS Parcel Profile report. AirBnB and its competitors like VRBO. 32. “California Proposition 199, Phase-Out of Rent Control 12. Atkin, Douglas. The Culting of Brands: When Customers on Mobile Homes (1996).” Ballotpedia. N.p., n.d. Web. 19 Become True Believers. New York: Portfolio, 2004. Print. Feb. 2015. 13. Atkin, 2004. 33. Ingram, Carl. “Voters to Decide Fate of Rent Control in 14. LinkedIn Job Posting for AirBnB Community Mobile Home Parks.” Los Angeles Times. 12 Mar. 1996. Organizer Position, https://www.linkedin.com/jobs2/ Web. 19 Feb. 2015. view/12357022. . 34. Streitfeld, David. “Ratings Now Cut Both Ways, So Don’t 15. New York City and San Francisco data from Slee, Tom. Sass Your Uber Driver.” New York Times. 30 Jan. 2015. “The Shape of Airbnb’s Business.” Whimsley. N.p., 26 May Web. 19 Feb. 2015. 2014. Web. 19 Feb. 2015. Los Angeles data from author’s 35. Mosendz, Polly. “Face-Off: NYC Lawmakers Grill Airbnb data set. on Illegal Hotels.” Newsweek. 21 Jan. 2015. Web. 19 Feb. 16. Ibid. 2015.

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36. For a methodological breakdown on how we arrived at 49. Ong, Impacts, 2014. this figure, see Appendix A. 50. Coldwell Banker Exclusive Offering Memorandum, 37. Analysis based on AirBnB dataset and Zillow The Morrison Apartments, Accessed from: http:// neighborhood rent estimates. www.keepneighborhoodsfirst.com/wp-content/ 38. Ong, Paul, Rosalie Ray, and Silvia Jimenez. “Impacts of uploads/2014/07/14_Westminster_Marketing_Package. the Widening Divide: Los Angeles at the Forefront of the pdf. Rent Burden Crisis.” UCLA Ziman Center for Real Estate 51. PKF Trends 2014. Working Papers Series (2014): UCLA Luskin School of 52. Wheatley, Jon. “I Bought An Apartment To Rent Out Public Affairs, UCLA Anderson School of Business, Sept. On Airbnb.” NeedWant. N.p., 28 Oct. 2014. Web. 19 Feb. 2014. Web. 19 Feb. 2015. 2015. 39. Edelman, Benjamin G. and Luca, 53. Coldwell Banker, Morrison. Michael, Digital Discrimination: The Case of Airbnb.com 54. Haller, Eric. “Venice Tenant Evicted for Airbnb” Yo (January 10, 2014). Harvard Business School NOM Unit Venice. N.p., 2 July 2014. Web. 19 Feb. 2015. http://www. Working Paper No. 14-054. yovenice.com/2014/07/02/venice-tenant-evicted-for- 40. Mapping L.A. Project and ACS 2013 5-year Estimates. airbnb/. 41. Burns, Patrick and Daniel Flaming. Repaying Hospitality: 55. Zillow Median Rent Index. Economic Impacts of Raising Hotel Workers Wages 56. Lovely, Inc. “Lovely Rental Market Report Q3 and Benefits in the City of Los Angeles. Economic 2014.” Livelovely. Lovely, Inc, Jan. 2015. Web. https:// Roundtable. 1 December 2013. Wage estimate based livelovely.com/reports/q32014. on wage level set by Los Angeles Hotel Worker Living 57. Yu, William. “Problems and Solutions for Los Angeles’ Wage and average hotel worker wages as reported in the Economy: Human Capital, Public Education and Bureau of Labor Statistics. Migration.”UCLA Anderson Forecast, Human Capital 42. Lawler, Ryan. “Airbnb Drops Homejoy From Index March 2014 (n.d.): n. pag. UCLA Anderson Cleaning Trial, Handybook Remains On In Three Forecast, Mar. 2014. Web. 19 Feb. 2015. Test Markets.”TechCrunch. AOL, Inc., 21 July 2014. Web. 58. Author’s calculations based on Zillow Median Rent 19 Feb. 2015. Index. Median rent differs here based on differences in 43. Burnham, Linda, and Nik Theodore. “Home Economics: proprietary methods used by Zillow and Lovely. Lovely The Invisible and Unregulated World of Domestic Work.” provides a citywide median, while Zillow provides a (2012): National Domestic Workers Alliance, 2012. Web. neighborhood-specific breakdown of rent prices going 44. Zervas, George et al. “The Rise of the Sharing Economy: back to 2011. Estimating the Impact of AirBnB on the Hotel Industry”. 59. Calculations based on analysis of Zillow Median Rental Boston University School of Management. January 2014. Price report. 45. Theo, Nik, Beth Gutelius, and Linda Burnham. “Home 60. LAMC Section 12.95.2(F)(6). Truths: Domestic Workers in California.” (2013): n. pag. 61. “Purposes and Uses of Zoning.” Chapter 3 The Www.datacenter.com. Center for Urban Economic Objectives, Purposes and Nature of Zoning (n.d.): n. Development, University of Illinois at Chicago, 2013. Web. pag.Albemarle.org. Albemarle County, VA. http:// 19 Feb. 2015. www.albemarle.org/upload/images/forms_center/ 46. Burnham, Home Economics, 2012. departments/County_Attorney/forms/LUchapter03- 47. LADCP Housing Needs Assessment http://planning. purposesandnatureofzoning.pdf. lacity.org/HousingInitiatives/HousingElement/Text/Ch1. 62. See: LAMC Sec. 12.10. pdf. 63. Analysis based on population and average household 48. Bergman, Ben. “High Rent, Few Options: Rising Rents size. Census 2010. and Short Supply Have Angelenos Weighing Their 64. Mapping L.A. population estimate and AirBnB Listing Choices | 89.3 KPCC.” SCPR. Southern California Public data. Radio, 17 Apr. 2014. Web. 19 Feb. 2015. 65. Morenoff et al (2001) and Sampson et al (1997) as cited

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in Urban Institute “Building Succesful Neighborhoods”. bdcwire.com/airbnb-com-renter-throws-new-york-sex- April 2012. party-costs-67k-in-damages/. 66. Alpert Reyes, Mixed Signals on short-term rentals, 2015. 80. Rosario, Overweight Orgy, 2014. 67. Liptak, Adam. “Supreme Court Will Consider Police 81. Joie de Vivre Hotels, About Us, http://www.jdvhotels. Searches of Hotel Registries.” The New York Times. The com/about/ . New York Times, 20 Oct. 2014. Web. 19 Feb. 2015. http:// 82. Lawler, Ryan. “Airbnb Launches New Mobile Apps, www.nytimes.com/2014/10/21/us/supreme-court-will- Introduces ‘Host Home’ To Provide Smarter Tools For weigh-in-on-police-hotel-searches.html. Managing Listings.” TechCrunch. AOL, Inc., 12 Nov. 2013. 68. Orwoll, Mark. “Hyatt Cleans Up Its Act with New Web. 19 Feb. 2015. Hypoallergenic Rooms.” Travel + Leisure. Time, Inc., 13 83. Carr, Austin. “Inside Airbnb’s Grand Hotel Plans.” Fast Oct. 2010. Web. 19 Feb. 2015. Company. 2015 Mansueto Ventures, LLC, 17 Mar. 2014. 69. Mulligan, Brenden. “Dirty Pillows: The Unsolved Problems Web. 19 Feb. 2015. Of Sharing Services.” TechCrunch. AOL, Inc., 1 Apr. 2012. 84. AirBnB, Inc, AirBnB Host Help Center, https://www. Web. 19 Feb. 2015. airbnb.com/help/article/414 . Accessed 19 February 2015 70. Lawler, AirBnB Homejoy 2014. 85. Bridges, Virginia. “Airbnb Hosts Run Risks Renting 71. Handy Cleaning Services Page. http://www.handy.com/ Rooms.” Raleigh-Durham News Observer. 12 Jan. 2015. bookings/new/services/3 Accessed 19 February 2015. Web. 19 Feb. 2015. 72. U.S. Department of Justice, Civil Rights Division, 86. Bergstein Bedbugs 2014. Disability Rights Section. ADA Checklist for New Lodging 87. AirBnB,Inc.AirBnB Host Guarantee https://www.airbnb. Facilities < http://www.ada.gov/hsurvey.htm> Accessed com/terms/host_guarantee Accesed 19 February 2015. 19 February 2015. 88. Lieber, Ron. “A Liability Risk for Airbnb Hosts.” The New 73. AirBnB, Inc. Host Help Center ADA and FHA Compliance York Times. 05 Dec. 2014. Web. 19 Feb. 2015. https://www.airbnb.com/help/article/898. 89. https://www.airbnb.com/terms/host_guarantee 74. At the time of this report’s writing, the Cozmo had 15 90. Bort, Julie. “An Airbnb Guest Held A Huge Party In This units for rent through AirBnB. New York Penthouse And Trashed It.” Business Insider. 18 75. Hilton Corporation. Hilton San Diego Airport Accessible Mar. 2014. Web. 19 Feb. 2015. Rooms Amenities. http://www.hiltonsandiegoairport. 91. Peers Homesharing Liability Insurance, http://www.peers. com/rooms-suites/accessible. Accessed 19 February org/product/homesharing-liability-insurance/#product_ 2015. details Accessed 19 February 2015. 76. AirBnB Listing for a unit in the Cozmo Building. https:// 92. See: Appendix A. www.airbnb.com/rooms/81543. Accesed 19 February 93. Advancement Project. “Following the Money: 2015. Understanding Los Angeles City’s Finances and 77. Bergstein, Rachelle. “What Happens When You Get Impacting the Budget.” (2011) Advancement Project, Bedbugs From an Airbnb Rental? It Isn’t Pretty.” Yahoo 2011. Web. 19 Feb. 2015. Travel. Yahoo, Inc., 23 Oct. 2014. Web. 19 Feb. 2015. 94. Wallace, Emily. “Los Angeles Tourism: A Domestic and https://www.yahoo.com/travel/what-happens-when- International Analysis.” (2014): n. pag. Lachamber.com. you-get-bedbugs-from-an-airbnb-100719834572.html. Los Angeles Chamber of Commerce, May 2014. Web. 78. Rosario, Frank, C.J. Sullivan, and Joe Tacopino. “Airbnb 95. Kuh, Patrick. “The 75 Best Restaurants in L.A. - Los Renter Returns to ‘Overweight Orgy’” New York Post. Angeles Magazine.” Los Angeles Magazine. 9 May 2014. New York Post, 17 Mar. 2014. Web. 19 Feb. 2015. http:// Web. 19 Feb. 2015. nypost.com/2014/03/17/airbnb-renter-claims-he- 96. Graham emails. Conley interview. returned-home-to-an-orgy/. 97. Section 8(a) of Transient Lodging Tax Agreement 79. Eaton, Perry. “Airbnb.com Renter Throws New York Sex Between AirBnB, Inc. and the City of Portland Party, Costs $67k+ in Damages.” BDCwire. The Boston Revenue Bureau states that “Street addresses will not Globe, 17 Mar. 2014. Web. 19 Feb. 2015. http://www. be provided on tax returns. The Bureau will test the

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ongoing accuracy… on audit.” And Seciton 8(b) states: Short-term Rentals, with Limits.” SFGate. San Francisco “Generally, no personally identifiable information… will Chronicle, 8 Oct. 2014. Web. 19 Feb. 2015. be provided about guests, hosts or listings. AirBnB’s 111. Jones, Stevem T. “SF Supervisors Vote to Legalize and platform creates unique identifiers for guests, hosts, Regulate Airbnb’s Short-term Rentals.” San Francisco Bay listings and reservations and these will be provided to Guardian. 7 Oct. 2014. Web. 19 Feb. 2015. satisfy document requests upon audit.” https://www. 112. Said, Carolyn. “S.F. Airbnb Law Slowly Takes Effect While documentcloud.org/documents/1223398-lodging-tax- Challenges Continue.” SFGate. San Francisco Chronicle, 3 agreement-between-airbnb-and-the.html. 9 June 2014. Feb. 2015. Web. 19 Feb. 2015. 98. Author’s transcription of video posted at https://vimeo. 113. Marzorati, Guy. “Enforcement Issues Remain as San com/115206496. Willamette Weekly. Francisco’s Airbnb Law Takes Effect.” KQED News. KQED, 99. Leis, Michelle. “Portland Airbnb Hosts Are Slow 2 Feb. 2015. Web. 19 Feb. 2015. To Comply With Regulations On Short Term 114. Ibid. Rentals.” Oregon Public Broadcasting, 12 Nov. 2014. Web. 115. Hutchins, AirBnB Under Fire, 2015. 19 Feb. 2015. 116. Barragan, Bianca. “West Hollywood Thinking About an 100. Hutchins, Ryan. “Airbnb Comes under Fire during Outright Ban on Airbnb.” Curbed LA. Vox Media Inc, 4 8-hour City Council Hearing | Capital New York.”Www. Feb. 2015. Web. 19 Feb. 2015. capitalnewyork.com. Capital New York, 20 Jan. 2015. 117. Stevens, Matt, and Martha Groves. “Malibu to Crack down Web. 19 Feb. 2015. on Short-term Rentals via AirBnB, Other Websites.” Los 101. Badger, Emily. “Airbnb Is about to Start Collecting Angeles Times. Los Angeles Times, 27 Mar. 2014. Web. 19 Hotel Taxes in More Major Cities, including Feb. 2015. Washington.”Washington Post. 29 Jan. 2015. Web. 19 118. Los Angeles City Council File # 14-0593. Feb. 2015. 102. Spencer, Malia. “Airbnb Launches Shared City Initiative in Portland” PDX BizPulse. Portland Business Journal, 26 Mar. 2014. Web. 19 Feb. 2015. 103. Portland Zoning Code Sec. 33.207. 104. Transient Lodging Tax Agreement Between AirBnB, Inc. and the City of Portland Revenue Bureau. Published by the Porltand Oregonian at https://www.documentcloud. org/documents/1223398-lodging-tax-agreement- between-airbnb-and-the.html#document/p3/a167055 . 105. Njus, Elliot “Airbnb, Acting as Portland’s Lodging Tax Collector, Won’t Hand over Users’ Names or Addresses.”Oregonlive. The Portland Oregonian, 21 July 2014. Web. 19 Feb. 2015. 106. Theriault, Denis. “Nick Fish Balks at Allowing Short-Term Rentals in Apartments and Condos; the Expansion Still Passes.” Portland Mercury. Portland Business Journal, 14 Jan. 2015. Web. 19 Feb. 2015. 107. Mesh, Aaron. “VIDEO: City Commissioner Nick Fish Berates Airbnb Lobbyist.” Willamette Weekly. 22 Dec. 2014. Web. 19 Feb. 2015. 108. Portland, OR Zoning Code Sec. 33.207. 109. Mesh, Nick Fish Berates, 2014. 110. Said, Carolyn. “Supes Back ‘Airbnb Law’ to Allow

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