Legal Issues with Airbnb & Short-Term Rentals: Zoning Battles, Liability Traps, and Emerging Class Actions

Andre Regard | Regard Law Group PLLC

Andre is the owner of Regard Law Group PLLC based in Lexington, Kentucky. Andre represents clients in personal injury claims, business litigation, business transactions, consumer protection, equine law, estate planning, construction litigation, and dispute resolution throughout the country. Andre also acts as outside general counsel for companies involved in defense procurement, equine industry, restaurant operations, real estate development, mail order, electronic discovery, bourbon production, and gaming.

Andre is past chair of the KBA Equine Section and is past co-chair of the ABA Section of Litigation subcommittee on Consumer Protection Class Actions. Andre is the past President of the Central Kentucky Inn of Court.

Andre is a graduate of Georgetown University with an accounting degree and Georgetown University Law Center. He is a qualified CPA. Andre served 5 years in the Unites States Navy, where he worked as a joint Department of Defense and Department of Energy Contracting Officer with the Nuclear Navy. Andre grew up in South Louisiana in the heart of Cajun Country.

Andre is a past board member of the Kentucky Health and Welfare Racing Fund, the Kentucky Equine Education Project, St. Paul’s Catholic Church Council, and the Paris Rotary Club.

In addition to his law firm, Andre currently is the co-founder of Kentucky Senator Bourbon, chairman of Cane River Pecan Company (a B2B mail order company), President of Regard Realty (real estate investments), owner of Fox Hill Racing and Breeding (thoroughbred operation) and co-proprietor, cook, and host at Browns Mill Farm and Inn.

Major cases currently: COVID 19 University Tuition Refund cases for all Kentucky Public University, over 100,000 students, Obtained $123,750,000 judgment related to a coal industry investment, Covid 19 Business Interruption Litigation, Bank Debit Card Overdraft Fee Litigation, Camp Lejeune Contaminated Water Litigation, Litigation with Champion thoroughbred race horses Curlin, I Want Revenge, and Rachel Alexandria, and Arabian Bey Shah, Quarry Litigation, Defunction Estate Litigation, Major Home Developer Fraud Litigation based on falsified HUD documents and shoddy construction.

Tina Arshakyan | Arshakyan Law Firm

Attorney Tina Arshakyan is the founder and principal of Arshakyan Law Firm, P.C., based in Los Angeles, California. Her practice focuses on personal injury, premises liability, and complex tort litigation, representing clients in cases involving unsafe property conditions, catastrophic injuries, and short-term rental disputes.

She is known for her meticulous approach to uncovering layers of liability and insurance coverage across property owners, hosts, contractors, and platforms such as Airbnb. Drawing on years of litigation experience, she emphasizes strategic case development, discovery precision, and practical problem-solving in navigating complex liability and coverage issues.

Session I – The Evolving Legal Landscape of Short-Term Rentals: Regulatory, Liability, and Compliance Challenges for Property Owners and Counsel | 1:00pm – 2:00pm

• The evolving legal landscape of short-term rentals
  • Regulatory patchwork: City-by-city and county-by-county distinctions—zoning, occupancy limits, registration, and taxation
  • Licensing and compliance: How short-term rental ordinances differ from traditional landlord-tenant statutes
  • Case law trends: Recent decisions redefining “tenant, ” “guest,” and “transient occupant”
  • Kentucky focus: Local enforcement (Lexington, Louisville) and interplay with Kentucky’s Uniform Residential Landlord-Tenant Act
  • Practice tip: Encourage clients to adopt written short-term rental agreements with waiver and indemnity clauses
• Tort and premises liability exposure
  • Negligence vs. contractual liability: Who bears the duty of care host, platform, or guest?
  • Common claims: Slips and falls, defective stairs, pool or deck injuries, carbon monoxide exposure, etc
  • Third-party liability: When cleaners, contractors, or management companies cause harm
  • Insurance coverage gaps: Homeowner’s policies vs. commercial general liability vs. Airbnb “Host Guarantee” and “Host Protection” programs
  • Risk-management tips: Documentation, safety checklists, and disclaimers that survive guest misuse
• Nuisance, HOA, and zoning enforcement conflicts
  • Private covenants: Homeowners’ associations, condominium bylaws, and deed restrictions on short-term use
  • Municipal enforcement actions: Noise, parking, trash, and occupancy violations civil vs. criminal remedies
  • Neighbor disputes: Nuisance claims and how courts treat transient occupancy in residential zones
  • Enforcement strategies: Local injunctions and cease-and desist orders; due process considerations for property owners
  • Practical takeaway: Draft HOA documents and leases that clearly define “short-term” and outline fines or remedies
• Contractual, consumer protection, and platform liability
  • Airbnb and platform terms of service: Arbitration clauses, limitation of liability, and choice of law (California governing law)
  • Refund, cancellation, and damage disputes: What remedies exist outside Airbnb’s internal resolution center
  • Consumer protection and deceptive practices: Applicability of Kentucky’s Unfair Trade Practices Act and similar statutes
  • Privacy and data security: Host obligations when using smart devices, cameras, and guest data
  • Emerging litigation: Class actions over platform policies, discriminatory listings, or misrepresentations
  • Practice pointer: Preserve screenshots and correspondence for evidence, many disputes hinge on digital proof

Break | 2:00pm – 2:10pm

Session II – Airbnb & Short-Term Rental Disputes: Spotting Liability Beyond Landlord-Tenant Law | 2:10pm – 3:10pm

• From regulation to litigation: Turning compliance gaps into liability
  • Bridging Andre’s Session I regulatory framework with real-world disputes
  • Using noncompliance (zoning, licensing, occupancy, inspection failures) as negligence per se evidence
  • Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 — establishing constructive notice and reasonable inspection duties
  • Johnston v. Airbnb, Inc. (N.D. Cal. 2018) 2018 WL 1334006 — platform control and liability questions reserved for jury
  • Practice tip: Always request local inspection, code enforcement, and licensing records small violations often anchor duty
• Premises liability in the Airbnb era: Who really controls the property?
  • Redefining “control” in transient occupancies: Property owner vs. host vs. platform
  • When “hands-off” platforms influence guest safety through design, policies, or vetting
  • Brooks v. Eugene Burger Mgmt. Corp. (1989) 215 Cal.App.3d 1611 — “control” may impose duty even absent ownership
  • Doe v. Airbnb, Inc. (N.D. Cal. 2022) 2022 WL 1153589 — Airbnb may owe duty when exercising control over listings or safety features
  • Practical takeaway: Identify who could have prevented harm, not just who possessed the property
• Pre-litigation & discovery strategy: Building the case early
  • Pre-litigation
  • Discovery
  • Practice tip: Map the chain of control and notice — who knew what, when, and what authority they had to act
• Insurance & indemnity pitfalls: The coverage maze
  • Airbnb “Host Guarantee” vs. “Host Protection” — common exclusions (intentional acts, commercial use, contractors)
  • Conflicts between homeowners and platform-provided policies
  • Airbnb, Inc. v. Doe (9th Cir. 2021) 2021 WL 1298362 — arbitration clause enforceable but negligence claims against hosts remain
  • Coverage strategy: Demand tender under every applicable policy before mediation
  • Practice tip: Confirm named insureds — often hosts assume they’re covered when property owners are the only insureds
• “You be the judge” hypotheticals (interactive reflection)
• Litigation strategy & emerging trends
  • Narrative framing: “Modern convenience, traditional duty” — juries understand control as responsibility
  • Using Airbnb’s own host-safety guidelines and marketing materials to establish Foreseeability
  • Trends
    a) Growing recognition of hybrid landlord/platform duty
    b) Legislative efforts for mandatory host disclosures and insurance parity
    c) Increased digital evidence (smart devices, communication logs)
  • Practical takeaway: The next wave of short-term rental litigation will turn on data control and digital knowledge, not just physical property