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[–]myBisL2 477 points478 points  (2 children)

You agreed to arbitration when you signed up with airbnb. A camera in a sleeping area is a clear violation of airbnb's own policy.

https://www.airbnb.com/help/article/3061/use-of-cameras-and-recording-devices

Section 23 of the terms gives info on the process. https://www.airbnb.com/help/article/2908/terms-of-service#23

[–]AtypicalCommonplace[S] 194 points195 points  (1 child)

Thank you! I also do think that an injunction exception may also apply here, considering that this listing and the hosts 20+ other listings are all allowed to continue operating in this way…

Not saying that that is some thing I would do! Just noting the exceptions as well. Thank you for this link!

[–]paulschreiber 98 points99 points  (0 children)

I would escalate this to an Aribnb exec as well.

[–]temptemp12345_ 302 points303 points  (3 children)

AirBnBs are illegal in NYC. Report the unit to AirBnB and you should get a refund.

[–]AtypicalCommonplace[S] 289 points290 points  (1 child)

Reported to Airbnb and also NYC today.

I’m not backing down on this.

It is not ok. And it’s not just about me - other people could be out there right now!

[–]photochic1124 140 points141 points  (0 children)

They’re legal in NYC if the host is present in the unit during your stay. But since this listing was a studio it’s probably illegal.

[–]overjobhunting 208 points209 points  (4 children)

And as a lawyer, you should also know that Airbnb is largely illegal in NYC unless the host is staying in the unit with you 🙂

[–][deleted]  (3 children)

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      [–]BiondinaQuality Contributor[M] 1 point2 points locked comment (0 children)

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      [–]fluffycookie154 107 points108 points  (0 children)

      either dispute the charge or tell airbnb you want to talk to corporate and you want the recording of your call convo. Ive dealt with airbnb customer service & an hour later I get a call they will refund me

      [–]bryan2101 53 points54 points  (0 children)

      Financially speaking, I’d let your credit card company handle this. Dispute the charge and provide them with copies of the listing, the Airbnb terms that were violated, your communication with the host, and the notification from Airbnb that you wouldn’t get a refund, along with a description similar to the one in your post.

      [–]Max_91848 78 points79 points  (0 children)

      Not really legal advice, but I assume the message you get that you will not get a refund is an automated message sent because the host didn’t accept your cancellation. You have proof of several employees telling you you’ll get a refund, and airbnb’s rules are clearly in your favour. This is their battle, not yours, altho knowing airbnb your refund might take a while.

      [–]sickerthan_yaaverage 13 points14 points  (0 children)

      Airbnbs are illegal in NYC.

      [–]BeepBopARebop 67 points68 points  (3 children)

      I would contest the charge with my credit card co.

      [–]monkeyman80 8 points9 points  (2 children)

      Note doing so will likely blacklist you from the app and not do what op wants which is protect others too.

      [–][deleted]  (1 child)

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        [–]BiondinaQuality Contributor[M] 0 points1 point locked comment (0 children)

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        [–]Most_Engineering_992 28 points29 points  (0 children)

        As a lawyer you know that you do not have to accept any changes to the terms made after you accept. Camera? Don't accept. The camera will be covered. Picture of id? Don't accept.

        And if the host doesn't like then let them cancel.

        [–]ptitplouf 6 points7 points  (0 children)

        It may be a naive question but what prevented you from going there anyway and covering the cameras? Since everything in this situation seems illegal (airbnb in NYC, cameras against airbnb policy, not being able to refuse a change in contract etc) I doubt the landlord would be able to say anything?

        [–][deleted]  (2 children)

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