DENVER, June 7, 2017 /PRNewswire/ -- Apartment
Investment and Management Company (Aimco) (NYSE: AIV) yesterday
filed an amended complaint against Airbnb in the Superior Court of
California seeking injunctive
relief and restitution under that state's Unfair Competition Law
and broadening its claims to include all apartment owners whose
properties have been rented without Airbnb's first obtaining their
permission. Aimco also filed an amended complaint in its second
lawsuit against Airbnb in Miami-Dade
County, Florida, Circuit Court.
Aimco believes that a significant portion of Airbnb's business
and revenues comes from its unauthorized short-term rentals of
properties that Airbnb does not own and that Airbnb wrongfully
profits from these transactions. In doing so Airbnb disregards
its own Terms of Service, which purport to prohibit rentals that
breach agreements with third-party property owners.
The lawsuits dispute Airbnb's assertion that it serves solely as
a passive, online listing platform and that all of its activities
are immune from liability under the federal Communications Decency
Act. The Act does not immunize Airbnb's unlawful rentals and
payment processing practices, both of which abuse landlords'
private property rights, interfere with their leases, and invite
trespassers onto their private properties. According to Aimco's
complaint, Airbnb is a short-term rental broker directly involved
in business transactions between hosts and guests and should be
held accountable for actively encouraging, participating in, and
profiting from the breaching of leases and trespassing.
"Airbnb continues its unlawful practice of knowingly promoting
the breaking of lease agreements between residents and property
owners and profiting from illegal rentals of properties it does not
own," said Aimco CEO Terry
Considine. "There are countless examples of transient Airbnb
guests causing disruption, using fraudulent passes to access
resident amenities, and showing no regard for the safe, peaceful
environment we strive to create for our permanent residents. Aimco
is proud to take the lead in filing a class action complaint,
standing up for our residents and for the thousands of property
owners who have experienced upheaval due to Airbnb's actions."
All prospective Aimco residents undergo criminal background
checks and credit history reviews before their acceptance as
qualified renters. When approved, Aimco residents sign the
Company's Good Neighbor Policy as part of their lease – a promise
of good behavior and consideration for their neighbors. Aimco
objects to the fact that Airbnb transient guests are unvetted and
have no vested interest in maintaining a peaceful community
atmosphere. On many occasions, Airbnb-supported trespassers
have created safety, noise, and nuisance concerns for Aimco's
lawful residents, including incidents of public drunkenness and
fighting requiring police assistance. Aimco repeatedly asked Airbnb
to stop renting Aimco's apartments in breach of Aimco's leases with
its residents, but Airbnb refused.
Aimco filed its initial lawsuits against Airbnb in February in
Florida and California.
Airbnb's continuing refusal to stop its illegal subletting of
apartments and its disregard for the rights of property owners
motivated Aimco to step up its litigation efforts.
Aimco is one of the country's largest owners and operators of
apartments, with 188 communities in 22 states and the District of Columbia. Aimco common shares are
traded on the New York Stock Exchange under the ticker symbol AIV
and are included in the S&P 500. For more information
about Aimco, please visit our website at www.aimco.com.
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SOURCE Aimco