Highly unlikely that a renter (guest) would be charged with anything. A little less unlikely for an "ordinary" host, but still far-fetched. A little more likely for some kind of AirBnB mogul, especially if he is acquiring (renting or buying) apartments with false documentation or under false pretenses.

My hope would be that the company itself and/or its officials would be charged by some ambitious prosecutor for running a business that pretty openly encourages people to commit wire fraud. I have no idea how likely that is, but probably not very likely. American prosecutors don't have the appetite anymore to take on big companies.

No, but the fines can become punitive to a level it no longer behooves you to continue.

First offense: $1000 | Second offense: $5000 | Third offense: $7500 and so on (daily).

Disclaimer: Invested in a startup that does AirBnB surveillance/reporting for jurisdictions.

What’s the start-up? We have an Airbnb in our building that’s pissing me off.

Ha! This is the perfect investment for you in particular. Maybe you can find some kind of startup that annoys tech employees in growing cities until they leave :)

> Could you go to prison for renting an AirBnB in NYC?

It's not a criminal offense, so the punishment is a fine, not prison time.

But it's not just renting an AirBNB that's illegal in New York - listing a short-term, whole-apartment rental is illegal. (Short-term, whole-apartment rentals are not legal, and it's illegal to list an illegal rental).

It's not per se a crime. That is, there's no law that says that renting out an apartment on AirBnB is a crime punishable by x. That's not the same thing as saying that doing so doesn't sometimes or always meet the elements of a crime that does exist on the books.

For example, 18 U.S.C. § 1343 says:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Is a host that takes money for renting out an apartment, while knowing that such rental is in violation of the MDL, obtaining money under false pretenses?

AirBnB's terms of service, say:

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).