Paris legal fight against illegal tourist rentals is starting to pay

Out of 500 procedures initiated, 422 have already been tried, including two thirds in favor of the city, which was able to garner more than 14 million euros in fines with rental companies and platforms.

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The magistrates of the Paris court call them “Airbnb hearings”. These are long afternoons where they try to lock in packages of fifteen or twenty the 500 procedures in progress between the City of Paris and owners of housing rented in short duration, often to tourists.

The decisions of judges Caroline Fayat and Anne-Charlotte Meignan, who have taken this mass litigation in his arms, begin to constitute a jurisprudence rather favorable to the community, but not always. “I note that the fines fall, however, welcomes Ian Brossat, assistant to the mayor of Paris, in charge of housing. A number of these premises return to the house, which is our goal, in conventional rental, with a lease Mobility (from one to ten months), long -term, or are put up for sale. “

These 500 procedures have been paralyzed for more than three years, between 2018 and 2021, by staying, awaiting the decision of the Court of Justice of the European Union (CJEU), seized by a concierge on the Legality of French law, restrictive in the matter, on which Paris relies. On September 22, 2020, the CJEU finally validated the national restriction on the grounds of the general interest presented by the protection of housing.

On February 18, 2021, the Court of Cassation judged, following, that the regulation of the city of Paris was in accordance with that of Europe and proportionate to the goal, to ensure housing to its permanent inhabitants.

condemned platforms

For accommodation which is not the main residence of the rental company, he must request an authorization to change residential use in commercial activity, which is granted to him if he compensates by recreating as many square meters of ‘Housing in the same arrondissement, even the same district. It is almost impossible mission and only 500 requests, approximately, of change of use have been filed, while 50,000 to 60,000 ads of rentals flourish on the Airbnb site, leader of the sector.

The tourism code limits, in addition, to one hundred and twenty nights per year the possibility of renting its main residence: exceeding this threshold exposes to a fine. Can also be continued the compulsory registration lack of short -term rental with the municipality and the absence of its number in the ad.

Finally, the platforms themselves can be sanctioned for lack of transmission of their data allowing the municipality to verify the legality of the activity.

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/Media reports.