Mexico City Congress approves limit of nights for Airbnb and similar platforms

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The Mexico City Congress approved a reform to the Tourism and Housing Law that establishes limits on tourist stays offered through digital platforms such as Airbnb. The initiative, presented by the head of Government Martí 
Batres, seeks to put a limit of 180 nights per year for the rental of homes with the objective of "balancing the competition" between temporary accommodations and traditional hotels.

César Emilio Guijosa Hernández, a Morena deputy, defended the measure arguing that the growth of digital tourism has generated problems such as gentrification and the increase in housing prices, affecting residents of the capital. The reform, he said, will help mitigate these externalities and regulate the temporary rental market, limiting the occupancy of properties to 50% annually.

The reform also prohibits the offering of social housing on rental platforms, especially those rebuilt after the earthquake of September 19, 2017, in order to ensure that they maintain their social purpose.

The initiative, however, generated opposition among some legislators. Diego Orlando Garrido and Laura Alejandra Álvarez, both from the PAN, criticized the measure, stating that it violates the freedom of owners over the use of their property and can encourage a black market for unregulated rentals. Álvarez also noted that the law does not clarify how compliance will be verified in one-room homes, where applying the 50% rule is more complicated.

So far, Airbnb has not issued an official position on the approved reform.

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