There has been a lot said about AirBnB these days. It's been called a disruptive technology (a compliment in the technology world) as a result of its leveraging the international sharing culture in real estate, by Gigaom, Fastcompany, and Techcrunch, among others. Yet, it has also been labeled as an illegal hotel site, which doesn't sufficiently warn its customers that their participation may be illegal as a violation of local transient laws. The latter appears to be the sentiments of New York State, as evidenced by the recent subpoena issued by the state's attorney general, Eric Schneiderman, seeking data on AirBnB's hosts. In response, AirBnB seems to be crafting a public relations campaign defending its business model by proposing that legislation be introduced at the state level requiring its users to pay taxes incident to their rentals.
However, taxes and labels are neither here nor there. The real question is if AirBnB's business model is legal in the first instance, as their practice is quite similar to that of a licensed real estate brokerage in the state of New York, but without AirBnB having such licensing, according to the eAccessNY Occupational Licensing Management System......
Check out Page 12 of The New York Real Estate Journal. Latest Article published by Andrew Lieb, "Brokerage: End of corporate titles ushers in professionalism". In this article, Andrew discusses the latest update in advertising regulations and the practice of Real Estate Professionals in NY.
New York's highest court, the Court of Appeals, ruled earlier this year that "zoning is concerned with the use of land, not with the identity of the user" in the case of Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead.
What does this mean to commercial landlords and tenants? How should you, a real estate professional, be equipped to now navigate the commercial real estate industry?
On March 31, 2019, Governor Cuomo signed the New York State Budget for the 2020 Fiscal Year . Notable changes include increased real estate ...
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Attorney Andrew Lieb is an Attorney, Legal Analyst, & Political Strategist who actively appears on regional and national news and print media including Newsweek, FOX LIVE, NBC, NBCLX, TV 55, CBS, ABC, Court TV, FOX 5 NY, PIX 11, News 12, Newsy, and NewsNation. Radio appearances include America’s First News with Gordon Deal, The Ross Kaminsky Show, Jimmy Barrett, KPRC, KTRH, 1010 Wins, WFAN, NPR, WHPC, KOA, WRCN Radio.
Attorney Andrew Lieb is the Founder of Lieb at Law and Lieb School.
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