Airbnb and the Housing Segment of the Modern Sharing Economy: Are Short-Term Rental Restrictions an Unconstitutional Taking
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Airbnb and the Housing Segment of the
Modern Sharing Economy:
Are Short-Term Rental Restrictions an
Unconstitutional Taking?
by JAMILA JEFFERSON-JONES*
Introduction
The last few years have seen a reinvention of the economy
through the growth of the sharing economy or the new economy.'
The modern sharing economy is diverse and is made up of various
types of organizations and structures, including shared housing.2
What ties these various components together is that they generally
facilitate community ownership, localized production, sharing,
cooperation, [and] small scale enterprise.3
The rise of the new sharing economy has been a consequence of
the latest assault on the old American Dream-the version in which
one is expected to grow up, get a good job, and make money to buy
* Associate Professor of Law, Barry University's Dwayne 0. Andreas School of
Law; J.D, Harvard Law School; A.B., Harvard College. Thank you to my fellow
participants on the In the Interest of the Community: Public and Private Occupancy
Restrictions panel at the 2014 Southeastern Association of Law Schools Annual Meeting
(Professors Andrea Boyack, Victoria Mather, Rigel Oliveri, and Marc Roark) for their
comments on an earlier version of this Article; my research assistant Heather Carey for
her excellent research and citation support; and Phillip Jones for his unfailing support. A
special thank you to Andrea Green Jefferson, who has made a bold entree into the sharing
economy. The Barry Law Summer Grant provided helpful support in developing this
Article.
1. See Jenny Kassan and Janell Orsi, The Legal Landscape of the Sharing Economy,
27 J. ENVTL. L. & LITIG. 1, 1-2, 5 (2012) (listing some of the names of the new economy,
such as the relationship economy, cooperative economy, access economy, peer-to-
peer (or p2p) economy, and the grassroots economy).
2. Id. at 3 (noting that the sharing economy consists of social enterprises,
cooperatives, urban farms, cohousing communities, time banks, local currencies, and [a]
vast array of other unique organizations).
3. Id.
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Airbnb and the Housing Segment of the Modern Sharing Economy: Are Short-Term Rental Restrictions an Unconstitutional Taking
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