Tag Archives: Brentwood

Contracts and Shared Economy Applications

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Here is another homework assignment for my Media Organization Regulations class. Technology opens up new ways of trying to make an income, and new legislation of various kinds often follows after the effects on society and other businesses become manifest. If you are interested in exploring the “gig economy”, “side hustles” or income streams based on assets that you share such as Uber, Airbnb and similar services, you might find this material interesting. I am not a law student or attorney, I am an Advertising and Marketing Communications major. This homework has been graded but I didn’t change anything except an instance of repetitive wording before publishing.

“Carolyn Hasenfratz Winkelmann
Geri L. Dreiling, J.D.
MEDC 5350: Media Organization Regulations
22 November 2020

Contracts and Shared Economy Applications

A contract must include the following elements (“Contract”):

  • Mutual assent – an offer has been made by one party and the other has accepted it.
  • Adequate consideration – there is an agreement to a payment or compensation of some kind for performing the work.
  • Capacity – do the parties meet the legal requirements for being eligible for entering into contracts?
  • Legality – is the purpose of the contract within the law?

Laws of the different states in the U.S. might have different interpretations of some of the elements of the above categories, with allowance for different remedies if a party is in breach of a contract (“Contract”).

A digital contract is a contract in which no paper is used.  The technology used to indicate acceptance of the contract does vary, and there are some types of contracts that cannot legally be executed digitally (O’Connell).  In order for some digital contracts to be valid and enforceable, measures having to do with security and consent must be taken that are unique to digital contracts (O’Connell).  These additional steps don’t have to do with the basic elements of a contract, however – the elements have to be present whether the contract is verbal, digital or written on paper.

In New York City, building owners, called “hosts” in this context, have to follow a strict set of regulations if they want to offer their property for short-term rentals on shared economy web sites such as Airbnb (“How to Navigate…”).  Other cities in the United States have adopted similar restrictions (“How to Navigate…”).

Proponents of these regulations in New York City say they are intended to hold down housing costs, make it more difficult for property owners to dodge taxes, prevent residential buildings from being turned into hotels and to increase property owner compliance with safety regulations (“How to Navigate…”, Kerr).

Those who want more freedom for hosts in managing their own property are concerned that the legislation is designed to help the hotel industry and unions at others’ expense (“How to Navigate…”).

In Brentwood, MO where I own a condominium, if I were to contemplate using it for short-term rentals, I would be subject to any applicable regulations set by the condo complex, the municipality, the county and the state (Capes Sokol).  A quick search shows that city regulations in Brentwood prohibit any rentals of less than 30 days duration in the interests of reserving residential areas for long-term living (Miner).  If I were to attempt to defy the law and create a listing for my condo on a short-term rental shared economy web site, any contract I might enter with a potential customer would be invalid because the purpose of the contract would not be within the law (“Contract”).  Missouri law is silent on shared economy rentals so smaller government entities within Missouri are free to make their own regulations (Capes Sokol).

I’m generally in favor of more freedom rather than less, especially when making decisions about what to do with one’s own property. However, living close to other people does necessitate consideration for neighbors and we already accept a lot of laws that enforce some concessions from members of the community that they might not offer voluntarily. Condominiums and apartments have additional special considerations that detached single family homes don’t have.  I can understand the concerns of someone who thought they were buying a home but find themselves inadvertently living in a hotel.

New York City has taken the additional step of making just creating a shared economy listing for an ineligible property illegal, and punishable by substantial fines (Fishman).  Airbnb is currently challenging this law on free speech grounds and until the issue is resolved New York City is refraining from enforcing it.  At first I thought the city might be going too far, so I decided to look at how they handle advertising for another service that is illegal – prostitution.  In New York law, just to offer the service is illegal (FindLaw), so that seems consistent with the ban on advertising short-term rental listings where they are not allowed.”

Works Cited

Capes Sokol. “Important Considerations for Short-Term Property Rental Hosts in Missouri.”

Capes Sokol, 2016, www.capessokol.com/insights/considerations-short-term-property-rental-hosts-missouri/. Accessed 22 November 2020.

“Contract.” Legal Information Institute, 2020, www.law.cornell.edu/wex/contract. Accessed 19 November 2020.

FindLaw, “New York Prostitution Laws.” Thomson Reuters, 2018, statelaws.findlaw.com/new-york-law/new-york-prostitution-laws.html. Accessed 22 November 2020.

Fishman, Steven. “How to Airbnb in New York City.” Nolo, 2020, www.nolo.com/legal-encyclopedia/overview-airbnb-law-new-york-city.html. Accessed 22 November 2020.

“How to Navigate the NYC Airbnb Law.” Shared Economy, 2019, sharedeconomycpa.com/blog/nyc-airbnb-law/. Accessed 22 November 2020.

Kerr, Dara. “NYC fines Airbnb hosts for ‘illegal’ home rentals.” CNET, 2017, www.cnet.com/news/airbnb-nyc-law-hosts-fined-for-illegal-home-rentals/. Accessed 22 November 2020.

Miner, Doug. “Brentwood clarifies law: no to short term rentals.” 40 South News, 2018, 40southnews.com/brentwood-officials-pass-bill-to-prohibit-short-term-rentals/. Accessed 22 November 2020.

O’Connell, Ann. “Electronic Signatures and Online Contracts.” Nolo, 2020, www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html. Accessed 22 November 2020.

Fit and Healthy on Route 66 – Rogers Parkway to Memorial Park

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This article was originally published on June 30, 2012 and has been retrieved via the Wayback Machine.

Trailhead for Rogers Parkway, Brentwood, Missouri

If you’re traveling on the Manchester alignment of Route 66 through St. Louis County and are in the mood for a short, easy bike ride or a walk for you or a canine companion, try the Rogers Parkway in Brentwood, Missouri. Brentwood is a small city but has a lot of little parks, most with water, some with restrooms. You’ll pass through several during the route I’m about to describe. You won’t see anything spectacular, but you’ll enjoy charming older suburban neighborhoods with large trees and pleasant shade. The trail is pet-friendly with plastic bag dispensers for waste and a water fountain with a basin at dog’s height. If you don’t know the area well you’ll want to download and print out this map to take with you.

If you’re traveling west on Manchester, start looking for the trailhead shortly after you cross over Hanley Road. The trailhead will be on the right, in between American Locksmiths and Brentwood Place Apartments. You’ll find an asphalt trail heading north that takes you to Broughton Park. Follow the trail until you reach Swim Club Road, where you’ll cross over to the other side of the street.

Intersection of Trails

Continue until you get to an intersection of asphalt trails. Turn right, and you’ll pass some handball, tennis, and volleyball courts. This is Hanley Park. You’ll see some signs along the way suggesting different fitness exercises that you can do if you like. The trail splits in two, and the more interesting route is to the right. You’ll cross a creek and follow along it for awhile on the Lee Wynn Trail until you get to Oak Tree Park. If you feel like doing some hill climbing, you can continue past the park and up a ridge to explore the streets a bit. If you’re not in the mood for climbing a hill, head back the way you came until you get past Hanley Park and back to the intersection. You can turn left here and get back on the Rogers Parkway, or you can turn right and continue for a short distance into Memorial Park. If  you’re hungry or thirsty, there is usually a snack stand set up here. If you care to head toward the huge American flag toward the northeast, you’ll come across a large shopping center that has a Trader Joe’s and a Target, both places where you can pick up some items for a picnic lunch. (If you turn right at the huge flag and continue for a few blocks, you’ll see some light rail tracks – turn left and there is the Brentwood I-64 Metrolink station if you want to explore more of the St. Louis area – bring your bike on board). If you don’t want anything from the shopping center, I recommend turning around in Memorial Park and heading back the way you came at this point – you’re roughly 2/3 of the way through the entire route if you’ve taken no detours.

If you’re on foot, you’re probably satisfied with the length of your excursion, but if you want a little more, you’ll notice some dirt trails on the right as you head back. Explore the small wooded area if you like.

If you’re on a bike, you might want to extend your ride considerably. If so, I recommend looking for Eulalie Ave. (this is the spot where you crossed the road previously upon reaching Swim Club Road) on the way back. It’s a little confusing because if you look left, the road is called Dorothy and if you look right, the sign is missing. Nevertheless, take a right turn and you’ll come to an intersection with Brentwood Blvd. Use the light and cross Brentwood Blvd. here with care – it’s very busy and the drivers are not necessarily attentive to cyclists or pedestrians.

Once you’ve crossed Brentwood Blvd., continue west on what is now Litzinger Rd. Look for four Lustron houses on your left. Continue for several blocks on Litzinger until you get to Tilles Park, a large park in the city of Ladue with a nice trail, more fitness stations, water, restrooms and more. There is a small lake with a shelter if you’ve brought a picnic lunch. Go around the park as many times as you like, then head back to Brentwood Blvd. on Litzinger and cross back over. Make a right when you reach Rogers Parkway and you’ll be back to the trailhead shortly.