Should I Host that Traveler? Understanding the Legal Issues Surrounding AirBnB

Transcription

1 EVALUATION FORM In order for us to improve our continuing legal education programs, we need your input. Please complete this evaluation form and place it in the box provided at the registration desk at the end of the session. You may also mail the form to CLE Director, NYCLA, 14 Vesey Street, New York, NY Should I Host that Traveler? Understanding the Legal Issues Surrounding AirBnB February 10, 2016; 6:00 PM 8:00 PM I. Please rate each speaker in this session on a scale of 1-4 (1 = Poor; 2 = Fair; 3 = Good; 4 = Excellent) Evan Nahins Presentation Content Written Materials Elizabeth Donoghue Todd Nahins II. Program Rating: 1. What is your overall rating for this course? Excellent Good Fair Poor Suggestions/Comments: A. Length of course: Too Long Too Short Just Right B. Scheduling of course should be: Earlier Later Just Right 2. How did you find the program facilities? Excellent Good Fair Poor Comments: 3. How do you rate the technology used during the presentation? Excellent Good Fair Poor Comments: Please turn over to page 2 1

2 4. Why did you choose to attend this course? (Check all that apply) Need the MCLE Credits Faculty Topics Covered Other (please specify) 5. How did you learn about this course? (Check all that apply) NYCLA Flyer NYCLA Postcard CLE Catalog NYCLA Newsletter NYCLA Website New York Law Journal Website NYCLA CLE Other (please specify) Google Search 6. What are the most important factors in deciding which CLE courses to attend (Please rate the factors 1-5, 1 being the most important). Cost Subject matter Location Date and Time Provider Organization of which you are a member Other 6. Are you a member of NYCLA? Yes No III If NYCLA were creating a CLE program specifically tailored to your practice needs, what topics or issues would you want to see presented? 2

3 NYCLA CLE I NSTITUTE SHOULD I HOST THAT TRAVELER? UNDERSTANDING THE LEGAL ISSUES SURROUNDING AIRBNB Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers Association, 14 Vesey Street, New York, NY scheduled for February 10, 2016 Program Co-Sponsor: NYCLA's Real property Section Program Chair: Jonathan Geballe, Esq. Moderator: Evan Nahins, Borah, Goldstein, Altschuler, Nahins and Goidel P.C. Faculty: Elizabeth Donoghue, Himmelstein, McConnell, Gribben, Donoghue & Joseph; Todd Nahins, Borah, Goldstein, Altschuler, Nahins and Goidel P.C. This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 2 Transitional and Non-Transitional credit hours: 2 Professional Practice. This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 2 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey.

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5 Information Regarding CLE Credits and Certification Should I Host that Traveler? Understanding the Legal Issues Surrounding AirBnB February 10, 2016; 6:00 PM to 8:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. iii. iv. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider!

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7 New York County Lawyers Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y (212) Should I Host that Traveler? Understanding the Legal Issues Surrounding AirBnB Wednesday, February 10, :00 PM to 8:00 PM Program Co-Sponsor: NYCLA's Real property Section Program Chair: Jonathan Geballe, Esq. Moderator: Evan Nahins, Borah, Goldstein, Altschuler, Nahins and Goidel P.C. Faculty: Elizabeth Donoghue, Himmelstein, McConnell, Gribben, Donoghue & Joseph; Todd Nahins, Borah, Goldstein, Altschuler, Nahins and Goidel P.C. AGENDA 5:30 PM 6:00 PM Registration 6:00 PM 6:10 PM Introduction and Announcements 6:10 PM 8:00 PM Presentation and Discussion

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166 Airbnb NYC Airbnb Hotel New York NYC Hotel Market Report 1 of 2 1/5/ :00 AM Airbnb vs. NYC hotels: Here s the breakdown Ratio of shared units to hotel rooms in the city is 2nd highest in the country December 31, :07PM By Ariel Stulberg «PREVIOUS NEXT» Airbnb units as a percentage of total hotel supply in several U.S. cities (percentages on the left axis, unit totals on the right axis) Airbnb s listings are concentrated in the U.S. s biggest hotel markets, exposing hospitality firms in New York as well as Los Angeles, San Francisco and Miami to disproportionate levels of competition from the service, according to a new report from Bank of America Merrill Lynch. Nationwide, Airbnb-rentable units make up roughly 2-4 percent of total hotel room supply. In New York though, that number is 13.9 percent, the second highest of any city in the country after Miami, which had a rate of 15.3 percent. Another report, produced for the Hotel Association of New York by HVS Global Hospitality Services, and released in October, found a direct loss to the city s hotel industry of $451 million between September 2014 and August Those numbers are likely to grow. The new report, which analyzed data compiled by analytics firm AirDNA, said the number of listings offered through the service nationwide grew 150 percent between August 2014 and August San Francisco-based Airbnb raised $100 million in a recent fundraising round, with the company valued at $25.5 billion. National lodging companies that make large proportions of their revenue in the biggest U.S. markets such as Host Hotels and Resorts, owner of the Marriott Marquis Times Square and five others; and Hersha Hospitality Trust, which owns 17 hotels in the city are the most threatened by the short-term rental service, according to the BOAMR report. One of the analysis more surprising findings was that, nationwide, the average Airbnb rental costs significantly more than the average

167 Airbnb NYC Airbnb Hotel New York NYC Hotel Market Report 2 of 2 1/5/ :00 AM hotel room. Rooms booked through the service cost around $196 dollars per night on average, while hotels charged about $122 dollars a room, a difference of about 60 percent. New York, though, was one of just three exceptions to that trend. Here, the average Airbnb goes for about $204 a night, according to the report, while the average hotel room goes for about $233 dollars per night, about 12 percent more. Seattle and Oahu Island, HI were the only other markets where hotels cost more on average. Earlier this month, the city s Independent Budget Office estimated that $546 million in hotel occupancy tax would be collected in Fiscal Year 2016, a drop of $14 million from the prior year. Back in August, a representative of the Hotel Association of New York said the group was attempting to put together a class action lawsuit against Airbnb, though to date no suit appears to have been filed. Last year, The Real Deal queried seven hotel industry players about the company s impact on their businesses. Tags: airbnb Like 62 people like this. Now Trending on The Real Deal by Taboola Three Chinese firms jockeying to buy Starwood Hotels NYC nightly hotel rates are falling The 9 most beautifully designed hotels in the world From The Web Sponsored Links by Taboola Watch What Happens When These Fisherman 4DaysIn Cable TV's Cold War Is Turning Into a Massacre The Motley Fool 15 Most Shocking Underwater Discoveries - Sim Your Daily Dish Lion Captures A Baby Baboon But Does The Most S Little Budha The Highest Paying Cash Back Credit Card Has Just Hit The Market NextAdvisor Her Dress Dropped Jaws At The 2015 Met Gala StyleBistro

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169 Faculty Biographies

170 Elizabeth Donoghue Himmelstein, McConnell, Gribben, Donoghue & Joseph New Yor... Page 1 of 4 2/5/2016 TELL US ABOUT YOUR CASE CALL TOLL FREE: MAIN MENU ELIZABETH DONOGHUE Partner Location: Phone: New York, New York

171 Elizabeth Donoghue Himmelstein, McConnell, Gribben, Donoghue & Joseph New Yor... Page 2 of 4 2/5/ Me Elizabeth Donoghue graduated from Stockton State College, Pomona, New Jersey (1979, Political Science, with Honors), Antioch School of Law (1983, J.D.), and Georgetown University Law Center (1990, Ll.M., Advocacy). While at Antioch, Liz clerked for the Honorable Vincent L. Broderick, S.D.N.Y. From , she worked at Land of Lincoln Legal Assistance Foundation in Mattoon, Illinois, as a Reginald Heber Smith Fellow, and from , she was the Institute Fellow at the Harrison Institute for Public Law, Georgetown University Law Center, a law school clinical program which specializes in the representation of tenants' associations. Liz has represented tenants in New York City as a staff attorney at Municipal Employees Legal Services Plan, District Council 37, a housing specialist at Bronx Legal Services, and a supervising attorney at the Lower East Side Local Enforcement Unit, MFY Legal Services. Liz began private practice at Himmelstein, McConnell & Gribben as an associate in 1993, and became a partner in Liz is a member of New York County Lawyers, where she served on the Task Force on Housing Court. Liz is also active in the New York City Bar Association. She served as a member of the City Bar Task Force on Town and Village Justices and has been a member of the Housing Court, Judiciary, Coop/Condo and Executive Committees. She is the former Chair of the Housing Court Committee and Judiciary Committe of the New York City Bar and is currently member of its Executive Committee. Liz is involved with youth sports in the Yorkville Youth Athletic Association and blogs for the Huffington Post. Litigation Percentage 70% of Practice Devoted to Litigation Bar Admissions New York, 1985 Illinois, 1985 District of Columbia, 1989 Education Antioch School of Law, Washington, District of Columbia J.D

172 Elizabeth Donoghue Himmelstein, McConnell, Gribben, Donoghue & Joseph New Yor... Page 3 of 4 2/5/2016 Georgetown University Law Center, Washington, District of Columbia LL.M Major: Advocacy Stockton State College, Pomona, New Jersey Honors: With Honors Major: Political Science Honors and Awards Reginald Heber Smith Fellow, Land of Lincoln Legal Assistance Foundation in Mattoon, Illinois, Institute Fellow, Harrison Institute for Public Law, Georgetown University Law Center, Professional Associations and Memberships New York County Lawyers, Member New York City Bar Association Housing Court, Judiciary, Coop/Condo, Member, Executive Committees Housing Court Committee, Former Chair Judiciary Committee, Chair Past Employment Positions Honorable Vincent L. Broderick, S.D.N.Y, Clerk, Pro Bono Activities Yorkville Youth Athletic Association

173 Elizabeth Donoghue Himmelstein, McConnell, Gribben, Donoghue & Joseph New Yor... Page 4 of 4 2/5/2016 HIMMELSTEIN, MCCONNELL, GRIBBEN, DONOGHUE & JOSEPH 15 Maiden Lane New York, NY Toll Free: Phone: Map & Directions Attorney advertising. Prior results do not guarantee a similar outcome by Himmelstein, McConnell, Gribben, Donoghue & Joseph. All rights reserved. Disclaimer Site Map Privacy Policy Business Development Solutions by FindLaw, a Thomson Reuters business.

174 Todd I. Nahins Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. Page 2 of 7 2/5/2016 Telephone:(212) , ext. 706 Facsimile:(212) View vcard Todd I. Nahins is a Senior Partner of the Firm with broad and extensive experience in both the Residential and Commercial Parts of the Civil Court of the City of New York. His litigation responsibilities include many of the Firm's most established clients. Mr. Nahins heads the Firm's Non-Payment and Holdover Division specifically relating to Manhattan cases. Mr. Nahins has been a Faculty Member of the New York State Judicial Seminar, Jack Newton Lerner, Landlord-Tenant Institute; Guest Speaker at the New York County Lawyers Association, New York State Bar Association, Cardozo Law School, New York University, Real Estate Program and Community Housing Improvement Program, Topics ranged from Trial Tactics in Housing Court, Bedbug Litigation, Guardian Ad Litem Representation, and Nuisance and Non-Primary Residence Litigation. Mr. Nahins has received the highest accolade in Martindale-Hubbell given an AV rating. He has received an Award from The New York State Department of Housing Preservation and Development and was recognized for Excellence in Law by Cambridge's Who's Who. He is presently on the Board of Advisors for Apartment Law Insiders. Practice Areas: Residential Non-Payment Proceedings Residential Holdover Proceedings Commercial Non-Payment & Holdover Proceedings Education: Western New England College School of Law, J.D Hunter College, B.A. (Cum Laude) 1974 Bar Admissions: New York 1978

175 Todd I. Nahins Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. Page 3 of 7 2/5/2016 U.S. District Court, Eastern District 1978 U.S. District Court, Southern District 1978 Notable Decisions: 42nd & 10th Associates LLC, V. Henry Ikezi - February 18, 2015, The trial court granted the landlord a judgment of possession after a trial of this summary holdover proceeding. The landlord alleged that the use of the rent stabilized apartment as a hotel via AIRBNB was illegal and therefore the tenant had no right to cure. This was the first time a NYC housing court ruled that the violation by the tenant was not curable. FM United LLC v Wollin - December 22, 2014, Landlord sued to evict rent-stabilized tenant based on chronic nonpayment of rent. Tenant initially made Motion to Dismiss claiming renewal lease sent to tenant which parties breached, reinstalled tenancy. Judge denied motion, as landlord had to offer renewal under rent stabilization laws. Since there was a history of of repeated nonpayment proceedings based on chronically late payment and no question of fact, landlord could evict tenant. Media: February 26, " Judge Rules Rental of Unit on Airbnb was Profiteering". Landmark Airbnb case won by Borah Goldstein featured in "New York Law Journal" article. February 23, "Crain's New York" references landmark Airbnb case won by Borah Goldstein in the article " Airbnb foes, Related delight in first site-related eviction". February 21, " Attorney who won landmark eviction case is flooded with queries from landlords", senior partner Todd Nahins' comments on Airbnb landmark win featured in "The Real Deal". February 21, Todd Nahins is quoted in "The New York Post" commenting on effect of firm's landmark Airbnb decision in " Landlords planning more evictions after Airbnb ruling". February 20, " Judge evicts rent-stabilized Airbnb host in landmark decision". Mr. Nahins is quoted in "The Real Deal".

176 Todd I. Nahins Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. Page 4 of 7 2/5/2016 February 20, In a landmark case tried and won by Borah Goldstein, NYC's Judge Stoller ruled Airbnb violation as non-curable for the first time in the case of 42nd & 10th Associates LLC v. Henry Ikezi. Partner Todd Nahins is quoted in "The New York Post" article " Rent-stabilized tenant evicted after cashing in on Airbnb". January "Landlord v. Tenant" - FM United v. Wollin decision is digested in " Landlord Can Evict Tenant for Nonpayment of Rent". Fighting a No-Pets Eviction With Doctors Notes and a Federal Suit, July 28, 2014, The New York Times, partner Todd I. Nahins is quoted. " Judge Imposes Sanctions for Pattern of Misconduct ", July 7, 2014, New York Law Journal, Todd I. Nahins is quoted. Publications: Todd Nahins article, Owners Can Have Success Against Illegal Transient Occupancies was published in the attached April 2015 issue of the New "York Housing Journal". Apartment Law Insider, Todd Nahins was featured in Contributor s Corner for the January 9, 2014 online newsletter. Mr. Nahins wrote an article about Avoiding HPD Fines During Extreme Cold ( Click here to view PDF of article). Apartment Law Insider, Todd I. Nahins was featured in Contributor s Corner for the April 4, 2014 online newsletter. Todd wrote a piece about Dealing with Delays in Housing Court ( click here to access the link). Apartment Law Insider, Todd I. Nahins was featured in Contributor s Corner for the January 9, 2014 online newsletter. Todd wrote an article about Avoiding HPD Fines During Extreme Cold ( Click here to view PDF of article) Presentations: February 10, Mr. Nahins led a New York County Lawyers Association program entitled Should I Host that Traveler? Understanding the Legal Issues Surrounding AirBnB.

177 Todd I. Nahins Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. Page 5 of 7 2/5/2016 October 20, Partners Todd I. Nahins and Craig M. Notte presented on legal developments regarding AirBnB and short term rentals at Berdon, LLP. The event was cosponsored by Signature Bank and ClickPay. October 16, Todd I. Nahins presented at the New York County NYCLA Lawyers Association, Jack Newton Lerner Landlord-Tenant Practice Institute. January 29, Senior Partner Todd I. Nahins presented at Real Property Law Section Landlord and Tenant Proceedings CLE Committee Meeting for the NYSBA Annual Meeting. Friday, September 20, 2013 Todd Nahins, Senior Partner, participated as a Co-Chair at the New York County NYCLA Lawyers Association, Jack Newton Lerner Landlord-Tenant Practice Institute PRACTICE AREAS ADMINISTRATIVE LAW APPELLATE LITIGATION BANKRUPTCY BUSINESS IMMIGRATION LAW COLLECTIONS JUDGMENT ENFORCEMENT COMMERCIAL NON PAYMENT HOLDOVER PROCEEDINGS CONSTRUCTION LAW COOPERATIVE CONDOMINIUM LAW FORECLOSURES LOFT CONVERSIONS DEVELOPMENT COVERAGE RESIDENTIAL HOLDOVER PROCEEDINGS RESIDENTIAL NON PAYMENT PROCEEDINGS SUPREME COURT LITIGATION