European mayors want Brussels’ help against
Airbnb
Major cities want the house-sharing platform to share
data to help them crack down on illegal rentals.
By MELISSA
HEIKKILÄ AND LAURA KAYALI 9/17/20, 8:30 PM CET Updated 9/20/20, 7:51 AM CET
https://www.politico.eu/article/european-mayors-want-brussels-help-against-airbnb/
Airbnb's
short-term rentals can be sources of irritation for local authorities | Martin
Bureau/AFP via Getty Images
Europe's
cities want to wrest back control from Airbnb — and they want Brussels to help
them.
Local leaders
from Paris, Amsterdam and Berlin, among other cities, met with Commission
Executive Vice President Margrethe Vestager Thursday with a message: It's time
to force short-term rental platforms to cooperate with local authorities.
“You can’t
have companies that are trying to get out of being regulated. They are trying
to evade regulation and the enforcement of law,” Berlin’s Secretary of State
Wenke Christoph said after the meeting.
Cities have
long campaigned against Airbnb, arguing that the short-term rental boom
distorts their housing markets by making homes unaffordable and causing other
unwanted side effects such as overtourism and antisocial behavior. They also
want the platform to help them crack down on illegal rentals, adding that the
lack of data sharing makes it harder for them to tax the short-term rental
market.
In December
last year, the Court of Justice of the European Union classified Airbnb as an
online platform and not a real estate company. The ruling was a blow to
authorities who want to regulate the company more stringently, and meant Airbnb
doesn’t have to abide by housing laws and is not legally responsible for
illegal content and services hosted on its platforms, such as listings that
don't comply with local laws.
European mayors now see an opportunity in the revision
of a decades-old law regulating online platforms, called the e-commerce
directive, to lobby for more rules and move the fight from the local to the EU
level.
But
Brussels will publish new proposals later this year, named the Digital Services
Act, which will also regulate so-called sharing economy platforms like Airbnb
and BlaBlaCar.
European
mayors now see an opportunity in the revision of a decades-old law regulating
online platforms, called the e-commerce directive, to lobby for more rules and
move the fight from the local to the EU level.
“Better
cooperation between platforms and public authorities will be a prerequisite for
a proper enforcement of the Digital Services Act," Vestager said in a
statement after the meeting Thursday. She added that the rules will "take
account of the needs of national and local administrations and compliance with
local rules.”
The meeting
with Vestager comes amid acrimony between cities and the platform. Paris is a
major market for Airbnb, but its Mayor Anne Hidalgo wants to free up the 30,000
odd Airbnb properties for the city's residents. She wants a referendum on
whether to limit how long those properties can be rented out per year, which
she hopes "will encourage owners not to put them on the rental
market," she told Le Parisien in July.
The
objective, she said, is to strike a balance between access to affordable
housing for locals and accommodation for tourists. “It’s not about stopping
short-term rentals. It needs to be regulated in a way that cities stay
liveable,” said Christoph.
Sharing
economy, but not data
One of the
main bones of contention is data sharing with local authorities. Cities want
the DSA to require companies like Airbnb to share information on their hosts,
including the addresses of rental apartments as well as how many days they are
rented out for. They argue that data is needed for cities to know which
properties to tax and how much, and to enforce local regulations on rentals.
Currently,
some cities can get a rough idea of how many apartments are rented out through
the platform by scraping the Airbnb website themselves, said Ans Persoons, the
deputy mayor of Brussels. But the system isn't ideal.
Without
data, cities’ hands are tied, they argue. “We see lots of new properties are
being built, but we don’t have more people registering or paying taxes, and
that means that something is going wrong,” said Persoons.
A
spokesperson for Airbnb pushed back against accusations it doesn’t cooperate
with local authorities: "We collaborate with authorities based on clear
and simple regulation, building on our working experiences with hundreds of
governments and organizations across the world."
The company
told the Commission it wouldn't mind sharing data with the cities as long as it
gets guidance on how to comply with Europe's strict privacy rules. “Whenever
data is shared at any level, there needs to be robust guardrails in place
regarding the types of data that can be requested, by whom, and for what
purpose,” Airbnb wrote in its comments on the upcoming DSA.
“We do
however, agree that a solution can be envisaged for data-sharing in the context
of host earnings” to facilitate tax collection, the company added.


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