Airbnb to take legal action against guest of rented site’s fatal shooting

Airbnb will pursue legal claims and damages against the person who they say threw an unauthorized party earlier this month in Sunnyvale where gunfire broke out, killing one person and injuring another.

The company said it has informed the person who rented the property and threw the party of the planned legal action. Approximately 150200 guests were in attendance at the Aug. 7 party in the 1400 block of Navarro Drive.

The company alleges violations of its community standards and terms of service, saying the party constituted a nuisance and that the guest rented the property under false pretenses. Airbnb has banned the guest from renting again on its platform.

Authorities have not made any arrests, nor have they publicly identified the guest who rented the house.

The shooting killed 18-year-old Elias Elhania; the other victim went by ambulance to a hospital and survived. It marked at least the fourth shooting at an Airbnb party house in Northern California in less than two years, including a shooting at an Airbnb property in Orinda on Halloween night in 2019 killed five people.

The company also announced that it will prohibit one-night reservations on Halloween for guests who do not have a history of positive reviews, and that they also will apply certain restrictions to two-night renters.

Airbnb said it also has taken legal action against guests in Sacramento, Glendora, Dallas, Cincinnati, and Brookhaven, N.Y. who have thrown unauthorized parties.

Sunnyvale police spokesman Capt. Hank Syu said the homeowner did not register the home as an Airbnb rental as required by city regulations, though it was not immediately clear if the city would pursue action against them. The homeowners must also be on site, with a maximum number of four people allowed in a rental.

Mason Fong, a Sunnyvale council member who lives about a block away from the house where the shooting occurred, declined to comment Tuesday

on the anticipated legal battle but added that he was “interested to see what happens and whether it will set new principles for municipal short-term rental laws moving forward.”

The Sunnyvale City Council was scheduled to discuss potential revisions to its short-term rental ordinance at a study session on Sept. 14.

Contact Rick Hurd at 925945-4789.