New York’s Attempts to Regulate Airbnb (And Other Home-Sharing Platforms) Have Hit a Roadblock and, In the Process, Have Inadvertently Hurt Landlords: How Alternate Dispute Resolution Can Come to The Rescue

Authors

Charlene Soleimani, Benjamin N. Cardozo School of Law

Abstract

In light of the foregoing, it is easy to see that the status quo is a chaotic quagmire that offers neither a long-term nor effective solution to the challenges raised by the advent of Airbnb and other home-sharing platforms. The intent of this Note is to suggest a realistic pathway where the legitimate rights, needs, and interests of the City, Landlords, Airbnb, apartment owners, and hotels are considered and given appropriate weight when factoring in the overall solution. As described in detail in Part IV infra, it is likely, if not highly likely, that this can be accomplished by having all of the players participate in a mediation that is facilitated by a neutral, respected mediator whom the parties themselves select. Part IV further details each step the parties should take to finally arrive at the mediation table and why what may seem to be an obstacle to the parties is in fact not an obstacle. Part II discusses Airbnb's history, the applicable laws and explains why the City wants to regulate Airbnb; and Part III discusses the position Airbnb has taken when faced with similar issues outside of New York.

Disciplines

Dispute Resolution and Arbitration | Housing Law | Law | Torts

Recommended Citation

Charlene Soleimani, New York’s Attempts to Regulate Airbnb (And Other Home-Sharing Platforms) Have Hit a Roadblock and, In the Process, Have Inadvertently Hurt Landlords: How Alternate Dispute Resolution Can Come to The Rescue, 21 Cardozo J. Conflict Resol. 771 (2020).
Available at: https://larc.cardozo.yu.edu/cjcr/vol21/iss3/9