Major cities across the country have begun creating regulations for Airbnb, and other short term rental services, that legitimize the opportunities it creates but also reduces problems for other businesses and neighbors.
Many factors need to be considered in each market when determining new laws. How will this affect my neighborhood zoning? Will home renters be required to have additional liability insurance? What other fees will be required (hotel-motel tax, neighborhood improvement funds)?
While each city or state is still finalizing their own short term rental laws, here are four federal laws that should be considered before deciding to list your short-term rental.
4 Federal Laws to Consider Before Listing Your Short-Term Rental
Title II of the Civil Rights Act of 1964
This act prohibits discrimination in any public accommodation based on race, color, religion or national origin. Examples of public accommodations are hotels, restaurants, bars, or movie theaters. This law casts a broad net to include all commerce, not just the business of housing.
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)
This prohibits discrimination in housing specifically, usually for longer-term rentals and sales. It casts a broader net than Title II, including in its protections not only for race, color, religion and national origin, but also for sex and family condition. Airbnb says loud and clear on its website that it adheres to Title VIII in their terms and conditions.
The Americans With Disabilities Act (ADA)
Passed in 1990, it extends protected status in employment, public transportation, and public accommodations to people with both mental and physical disabilities. Adherence to the law could entail creating special access ramps for people in wheelchairs or allowing seeing eye dogs, even if your housing policy forbids pets. Airbnb says it adheres to this law as well.
Sections 1981 and 1982 from the Civil Rights Act of 1866
These clauses from the Civil Rights Act of 1866 prohibit discrimination based on race, specifically with regard to making and enforcing contracts and relating to purchasing, selling, or leasing property. Generally speaking, these sections would apply to all peer-to-peer lodging transactions, legal experts say.
Learn what other major reservations cities have about short term rentals.