Housing-News-Report-August-2016

LEGAL BRIEFS

HOUSINGNEWS REPORT

Airbnb Sues San Francisco Over Short Term Rental Law San Francisco-based Airbnb sued the city of San Francisco in federal court on June 27, arguing that the San Francisco Board of Supervisors passed new rules regulating short-term rentals that are both illegal and violate federal protections for Internet companies. The lawsuit claims that the board violated the 1996 Communications Decency Act, a federal law that prohibits government from holding websites liable for content posted by users. The short-term rental company sued the city over a new ordinance, which would require Airbnb and similar firms such as vrbo.com and HomeAway to make sure that hosts register with the city or face a fine of $1,000 for every unregistered host who rents property on the website.

CT High Court Upholds New MERS Fees The Connecticut Supreme Court ruled in favor of the state’s imposition of higher realty recording fees on an electronic mortgage registry that preserve a vital revenue stream for state and local municipalities, but also impose higher closing costs for home buyers. In MERSCORP Holding, Inc. v. Malloy , the Connecticut Supreme Court upheld a trial court’s ruling and the validity of higher fees against Mortgage Electronic Registration Systems (MERS), a loan registry system created in the mid-1990s by several hundred mortgage lenders to avoid county land records fees for recording promissory notes. In 2013, the Connecticut state legislature created legislation that structured a two-tiered fee system against MERSCORP Holdings, Inc., requiring MERS to pay higher recording fees because they call MERS a “nominee” for the lender.

Source: MERSCORP Holding, Inc. v. Malloy

The case in U.S. District Court, Northern California is Airbnb Inc. v City and County of San Francisco .

Source: Courthouse News

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