Airbnb Lawsuit in New York Exposes Fake Listings Issue
02.12.2023 - 00:14
/ skift.com
/ Dennis Schaal
Airbnb has a fake listings and verification problem — and the company knows it.
While Airbnb has verified many in recent years, that doesn’t always mean its accurately represent the property the guest is trying to book.
Airbnb said in September that in late 2023 it would begin to verify every listing in its top five countries, namely the U.S., Canada, Australia, the UK, and France. Verified listings, backed by such things as exterior and interior photos that match the listing or videos with the host onsite, would appear with an icon starting in February 2024.
Airbnb removed around 59,000 fake listings in 2023, and blocked another 157,000 from ever appearing on the platform, the company said.
The issue came to the fore in an ongoing New York court case, where a landlord sued Airbnb and a tenant for allegedly renting an apartment to guests as a short-term rental even though the building was registered with New York City as one that prohibits such use.
Airbnb acknowledges that it published two listings from a verified host, “Sarah.” As shown in court filings, one was for 27 Columbus Circle (seen immediately below), which the city’s Office of Special Enforcement confirmed was exempt from the Local Law 18 registration requirements.
However, Airbnb also published a second listing (see below) from “Sarah” with identical photos to the first listing, but it was for another address: 207 Columbus Drive, 10 blocks from Columbus Circle. And it was in a building that had signed onto the city’s list that prohibits short-term rentals.
In a court hearing in late November, an attorney for Airbnb, Dana Brusca of the law firm ZwillGen, said the host defrauded Airbnb by misrepresenting the listing’s address.
“Sarah” is not an Airbnb co-defendant in the lawsuit, which was brought by Columbus 69th LLC, which manages the 207 Columbus Avenue building. The co-defendant is Carmen De Dominguez, allegedly the tenant who may have listed and rented out the apartment in question.
Airbnb attorney Brusca claimed Airbnb doesn’t really have a handle on who rented out the apartment. The tenant would have been in violation of her apartment lease, which bars using apartments for short-term rentals.
“Where is the tenant?,” the attorney for Airbnb asked in court. “Nobody knows. We don’t know if it’s Sarah, the host. We don’t know if it’s somebody else. The defendant in this case is Carmen De Dominguez. The host of Airbnb is Sarah, a third-party who may or may not be before this court in any respect.”
Dominguez actually lives in the Bronx, where she runs a business, WID Realty Corp., according to plaintiff attorney Michael Pensabene of the firm Rosenberg & Estis’ arguments in court. Dominguez is accused in a similar matter in another