New Orleans |
Code of Ordinances |
Chapter 26. BUILDINGS, BUILDING REGULATIONS AND HOUSING STANDARDS |
Article XI. STANDARDS FOR SHORT TERM RENTALS |
§ 26-620. Platform data sharing.
(a)
Short term rental hosting platforms that list short term rentals in the City of New Orleans must provide certain information about activity on the platform on a monthly basis. This information includes:
(1)
The total number of short term rentals listed on the platform during the applicable reported period;
(2)
The total number of nights that each listing on the platform was rented to guests during the applicable reporting period;
(3)
A cumulative tally to date of the number of nights that each listing on the platform is booked for rental during the remaining months of the applicable calendar year;
(4)
A notation indicating the permit type for each listing; and
(5)
The total amount of tax collected by the platform and remitted to the city.
In providing the information required by this subsection, the short term rental hosting platform is not required to provide personally identifiable information.
(b)
The city shall have the authority to subpoena information from short term rental hosting platforms. Any such administrative subpoena shall:
(1)
Be submitted in writing by the city attesting that the city has a reasonable belief based on evidence that a short term rental may be in violation of this article or of applicable provisions of the Comprehensive Zoning Ordinance;
(2)
Be sent to the short term rental hosting platforms via regular and certified mail; and
(3)
Be related to a specific investigation by the city relating to a single short term rental that is specifically identified in the subpoena, and alleges the specific violations of this article or of the applicable provisions of the Comprehensive Zoning Ordinance.
The platform shall notify their user of the information requested in the subpoena within ten days of receipt of the subpoena and produce the responsive records within 21 days of providing notice to the user, except to the extent that the user has sought relief in a court of competent jurisdiction.
(c)
For purposes of this article, short term rental hosting platforms are defined as any marketplace that facilitates short term rentals, as defined in the Comprehensive Zoning Ordinance, through advertising, matchmaking or other means, from which the platform derives revenues, including booking fees or advertising revenues, from or maintaining the marketplace.
(M.C.S., Ord. No. 27204, § 1, 12-1-16, eff. 4-1-17)