NetChoice says New York short-term rental law ‘violates’ the U.S Constitution

New York: Trade association NetChoice has argued the New York short-term rental law, Local Law 146, violates the Fourth Amendment of the U.S Constitution and needs to be amended.

The association of eCommerce businesses and online consumers says the controversial bill, which was passed by the New York City Council (NYC) Council and signed into law by Mayor Bill de Blasio in August, violates New Yorkers’ rights by forcing businesses to hand over private and personal customer information.

NetChoice has filed in the court cases of Airbnb vs. NYC and HomeAway vs. NYC. Airbnb and HomeAway are also seeking preliminary injunctions against NYC’s Local Law 146.

Local Law 146 requires short-term rental (STR) platforms to reveal private and personal information of hosts who reserve STRs through them. The law is designed to help the city government improve enforcement of strict regulations on STRs.

However, NetChoice believes the law not only breaks the Fourth Amendment of the American Constitution but also infringes on the federal Electronic Communications Privacy Act and violates New York State privacy laws.

General counsel for NetChoice, Carl Szabo, said: “New York’s fight against their own residents has led them to defy the constitution and violate the rights of New Yorkers.

“New York’s Southern District Court should protect the rights of NYC homeowners. The city’s anti-home sharing laws are dysfunctional and to enforce them New York is trampling residents’ right to privacy,” he added.