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Lodging

San Francisco's New Airbnb Rules Could Influence Other Markets

By Julie Sickel / June 16, 2016 / Contact Reporter
Business Travel News on X

The San Francisco Board of Supervisors has passed a bill requiring Airbnb and its sharing economy peers to remove any listings not registered with the city, and analysts at financial services firm Canaccord Genuity expect it could lift hotel performance. More important, though, they expect San Francisco's move could sway regulators in other markets.

"We do believe Airbnb has had a materially negative impact on pricing during compression periods, particularly in New York, San Francisco, New Orleans, Los Angeles and Hawaii," stated the report from senior real estate investment trust and lodging analyst Ryan Meliker and associate Michael Kodesch. "As such, we expect a modest tailwind to unfold in the [revenue per available room] performance of San Francisco hotels in [the second half of 2016] and follow in NYC shortly thereafter."

In 2015, San Francisco officials passed a law that stipulated any short-term rental provider listing an unoccupied apartment or home must be a permanent San Francisco resident renting their primary dwelling for less than 90 days of the year. Hosted rentals, in which a resident is present during guest stays, are exempt from the 90-day maximum, and absentee property owners or owners of multiple properties are not eligible to rent. The city also created the Office of Short-Term Rentals, with which hosts are expected to register. According to Canaccord, only 1,324 listings of Airbnb's approximately 9,500 are registered with the office.

The newest bill, passed last week, requires Airbnb to remove unregistered listings or face fines of up to $1,000 per day, per listing. Under the terms of the 2015 law, some may even be ineligible to register. Cannacord projects Airbnb listings will fall off 80 percent in the near term and close to 50 percent on a more stabilized basis. "With San Francisco leading the way, we would expect other cities to adopt similar enforcement tactics to eliminate the illegal listings on home-sharing sites," the report stated. 

The San Francisco decision comes as Airbnb attempts to play ball with regulators in other markets over issues like tax collection. In April, the company reached an agreement with the city of Newark, N.J., enabling it to collect and remit occupancy taxes on behalf of its hosts. On June 15, the same day Canaccord released its report, Airbnb reached an agreement with the state of Pennsylvania to collect and remit its 6 percent occupancy tax.

Still, Airbnb and similar companies face headwinds in other markets. In New York City, for instance, most short-term rentals spanning less than 30 days are considered illegal under state law; one- and two-family homes are OK, but an apartment in a three-unit building is not. With the city struggling to police potentially illegal rentals, Assemblywoman Linda Rosenthal has introduced a bill that would prohibit short-term rental companies, including Airbnb, from advertising in the city. In Chicago, Mayor Rahm Emanuel continues to tinker with a city ordinance to regulate Airbnb. The most recent draft would add a 2 percent tax per listing to benefit low-income housing and would charge Airbnb an additional $60 per listing to pay for city enforcement of short-term rental rules.

Airbnb also finds itself squaring off against the American Hotel & Lodging Association, which continues to release market-specific installments of its study, "From Air Mattresses to Unregulated Business: An Analysis of the Other Side of Airbnb," conducted by Penn State University’s School of Hospitality Management. AH&LA alleges that a significant portion of Airbnb's revenue comes from commercial operators, those hosts who rent multiple units year-round. Airbnb, for its part, previously told BTN that the AH&LA study is "intended to mislead and manipulate." The Canaccord report did say the analysts don't anticipate a material impact from Airbnb on the lodging industry beyond the specific markets earlier cited like New York, Hawaii and Los Angeles.

Hotelier rhetoric at the recent NYU International Hospitality Industry Investment Conference did suggest that the industry is seeing Airbnb as a more stable piece of the lodging landscape.

"I think that we can coexist," said Hilton Worldwide CEO Christopher Nassetta. He added that hoteliers can learn from Airbnb's methods as they begin to interact more directly with customers. "I don't think what they're doing is all bad."

Marriott International CEO Arne Sorenson believes Airbnb has entered a Phase Two, in which small-business people and entrepreneurs serve as "micro hotel" operators. "The more you get into micro hotels, the less disruptive it is, the more it's like a traditional hotel," he said.

Choice Hotels International CEO Stephen Joyce said Airbnb and companies like it have broadened travelers' definition of an acceptable stay. "We actually like the space so much that we've joined them," said Joyce, referring to Choice's launch of vacation home rentals earlier this year.

AccorHotels has gone a step further than other hoteliers in its embrace of alternative accommodations, buying Onefinestay for €148 million in April and making significant investments in Oasis Collections and Squarebreak back in February. "We jumped into that market because we do think that the hospitality market is not only hotels," said Accor Christophe Alaux, CEO of North and Central America and the Caribbean. "It's nonbranded hotels; it's home rental. We're expanding the boundaries of hospitality and lodging."

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