Monday, May 2, 2016

Apartment rentals: the Airbnb model towards framing – Gazette common

Gone are the total freedom to hire its housing without any control, without charging tenants tourist tax … If Berlin has banned the rental of entire housing via platforms put in relations between individuals within its territory from the 1 st May 2016, MEPs opted for a coaching activity. The Senate adopted on April 29 an amendment of Senator Luc Carvounas, which provides that in municipalities with over 200 000 inhabitants, and the Hauts-de-Seine, Seine-Saint-Denis and Val-de- Marne, a deliberation council may make it compulsory for all rent a furnished room for the house repeatedly for short periods to transient guests who do not elect domicile, registration with the town . Each municipality will set the nights threshold beyond which the registration will be mandatory. A registration number will be issued for each statement.

Senator David Assouline (PS), who defended the amendment, “the registration number will allow the municipality to ensure that the furnished rental company is entitled to do so; and this number must be requested by any online matchmaking service before publication of the advertisement and include in it. ” Senator Philippe Dallier (LR) proposed to go further and impose a registration to all owners who rent their accommodation online as well as display platforms registration numbers. “By setting a declarative registration threshold will make it easy for owners to defraud …” Has he said.



facilities Controls

The freedom given to communities to establish whether the device was used. One way to limit illegal sublets, and facilitate the implementation of collection systems of tax. The device is almost similar to that proposed by the Mayor of Paris, Anne Hidalgo. However, one can question the threshold of 200 000 inhabitants – obtained from the Alur law for the change of destination of local authorities for residential use – which excludes a number of towns of the device, particularly in the context of Home of great events like Euro 2016, for which the neighboring towns also host a large part of the accommodation offer.

Another amendment adopted in relation betting platforms will be required to ensure that in those same municipalities, primary residences are not rented more than 120 days a year through them. “As of the leasing period of 120 days, the platforms are held after information of the user, to block any transaction relating to the residence for a period of one year from the first day of rental, and forward each year to municipalities mentioned in Article L. 631-7 of this code – Construction and housing – the list of blocked transactions, including the name of the lessor and the address concerned, “said the amendment 204 bis. Again the city of Paris is particularly interested.



Paris head

For several months, the capital is leading the fight to ensure that local communities find a place in these rental of devices between individuals, they are called Airbnb, Homelidays, Bedycasa … other communities have been slower to realize the importance of the phenomenon, as evidenced by our survey in July. Perception of the tourist tax competition with services offered by tourist offices, development of illegal sublets, data access platforms rentals, challenges are many.

This is especially the financial issue that has led to some mobilization, with the perception of the tourist tax, which can since the Finance Act 2015 be collected directly by the platforms rental. Airbnb launched this fall an experiment to collect from some cities like Paris or Chamonix. The latter has received in February 1.169 million euros Airbnb for the collection of the tourist tax of 1 st October to 31 December 2015. The city was also announced on May 2 have reached an agreement with the HomeAway group (and Homelidays HomeAway) to turn that one local tax collection on his behalf, from 1 st in January 2017.

the host cities of Euro 2016 can be found also at the heart of a conflict between traditional hospitality and casual hirers on the subject of the perception of the city tax (see box).

the text should be adopted by the Senate on May 3, and then go into joint committee before final adoption.

Cher Euro 2016

Faced with the exponential number of special offers during the Euro 2016 tourist short term rentals via websites – one even concluded with UEFA a formal partnership – the EU and professions the hospitality industry has decided to record, for the duration of the competition, the revenue of the tourist tax in the cities concerned. Specifically, hoteliers collect the tax “but will record the pending all tourism stakeholders, in accordance with the law, collect, too, and are returning to communities.”



Caught between a rock and the anvil

to justify this highly questionable method, the union points out rightly that “95% of the tourist tax is currently collected by the hotel that hosts only 50% of tourists “. For their part, the elected representatives of tourist areas that assess the shortfall of 7.5 million, denounced a “boycott” while the club host cities began a standoff with AirBnB and competitors for their impose the collection of the tax. These alternate between bad faith, technical barriers and vague laws to delay their obligations.

It should be said that local officials find themselves in this matter, caught between the hammer of the new actors and new practices the internet and the anvil of a late law and not applied. Bercy has just put online a summary Search Engine deliberations of each municipality. All rates are expected to be available June 1, 2016. The State made a gesture of good will, it remains to internet platforms to do the same.

P. C.

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