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That NYC makes my "common-sense" rule so hard to implement supports my larger point: you can't just make an exasperated appeal to "common-sense", because people (and existing legal regimes) differ so much on what's sensible/fair. (My "common-sense" solution to the unfairness of tenants subletting for more than the controlled rate would be to phase out rent-control, and do so immediately if there's evidence of tenant-subletting at a higher-rate.)

The lawsuit is also what the regulated system relies upon, in the end, to enforce its judgements. It's a last resort, but always part of the balance when other discussion and leverage fails.

Why would an AirBnb tenant be more likely to burn down a building, or less likely to compensate after negligence, than any other leaseholder-tenant or houseguest? I suspect AirBnb tenants are less of a risk: they're paying a market rate, unprotected by laws which shield problematic tenants, vetted by the reputation system, and backed by AirBnb's guarantees. A landlord and neighbors seem equally (or more) at risk of uncompensated damages from all other kinds of occupants.



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