Unlike PG, Airbnb akin to hotel, can’t use flat for it: South Mumbai apartment owner’s plea nixed

MUMBAI: A cooperative court has dismissed a dispute filed by a 76-year-old CA against his Churchgate housing society, which had refused to allow him to host Indian and foreign guests through Airbnb in his four-bedroom flat.Mahesh Mehta moved the court in 2014, saying as a retiree whose children were settled abroad, he hosted guests both to earn a livelihood and to deal with loneliness. He said “paying guest keeping is legal, noncommercial and doesn’t require any approval or licence”. The court rejected the claim, holding that the activity carried out through Airbnb was materially different from a conventional paying guest arrangement for longer terms like 11 months. “There appears no difference in the activity of hotel and keeping paying guests through Airbnb. And this activity will definitely fall under the commercial category,” judge S V Mehta-Patil said.Judge S. V. Metil-Pati said, “The way the disputant (Mahesh Mehta) is displaying his rooms and referring the rooms as deluxe, luxury, economy, applying the cancellation policy, charging for pickup and drop facilities all this suggest nothing but disputant wants to conduct the activity which is purely provided by hotel and lodging.” The judge noted the “sad state of affairs” faced by many senior citizens in India whose children move abroad, leaving them without emotional, economic or physical support. But the court said permitting parents to keep paying guests without society approval on the grounds of loneliness would create disorder and weaken the concept of acooperative housing society. “...the society is not opposing the disputant to keep the paying guest. The only fact is that they are restricting their short and non-temporary period of paying guests. By keeping the paying guest for a duration of 11 months also disputant can solve their problem of loneliness. Hence, the ground of loneliness and livelihood pleaded by the disputant is of no use,” the judge said. The court also examined Mehta’s reliance on the ministry of tourism’s homestay scheme. He said his activity fell under the govt of India’s bed-and-breakfast and homestay framework, meant to offer tourists standardised stay within an Indian family environment. He also claimed to have applied for registration under the Incredible India Bed and Breakfast/Homestay Establishment scheme. However, the judge found Mehta failed to produce a licence showing renewal of permission from the department of tourism to continue the activity. He admitted since 2018 he had not obtained a licence from the govt authority permitting him to carry on the activity. The judge accepted arguments cited by the society’s lawyer Rashi Sheth. The dispute arose after Mehta, resident of Bharatiya Friend’s housing society, challenged general body resolutions that barred commercial activities and imposed penalties of up to Rs 3,000 a day for hosting unauthorised guests.