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Monday Morning Cup of Coffee: Airbnb houses refugees impacted by TrumpÕ ban

Nevada Supreme Court makes game-changing decision about HOA liens

Monday Morning Cup of Coffee takes a look at news coming across HousingWire’s weekend desk, with more coverage to come on larger issues.

Congratulations to the New England Patriots, winners of Super Bowl 51, champions of the National Football League.

President Donald Trump recently signed an executive order banning citizens of seven Muslim countries from entering the U.S., however a decision from a federal judge halted the ban.

Now, the 9th Circuit Court declined to quickly reinstate the travel ban, according to an article by Robert Barnes, Matt Zapotosky and Abby Phillip for The Washington Post. Affected travelers will be allowed to enter until Monday, when the court set a schedule asking challengers to the ban to file a response by about 3 a.m. ET. In turn, the Justice Department, representing the Trump administration, will reply to that by 6 p.m.

However, Trump isn’t happy with the challenge to his order, and even took to Twitter to call out the judge, tweeting at least seven times about the ruling over the weekend.

He also insists that the halt of his ban will send terrorists flooding into the country.

However, this isn’t actually the case, and perhaps somewhat misleading. The rule reinstates previous procedures, wherein those with valid visas can enter the country, according to the Department of Homeland Security.

Advocates are encouraging those who have visas to return to the country immediately, due to the “unpredictable legal terrain,” according to the article.

But where will they go when they get here? Airbnb, a short-term rental company, stepped up to offer free housing to anyone affected by the president’s immigration ban, according to an article by Arjun Kharpal for CNBC.

Airbnb CEO Brain Chesky announced on Twitter Saturday that the company was offering free housing.

Chesky later tweeted out a link that hosts could click on to sign up to add their home to the list of those available to refugees.

And during the Super Bowl, Airbnb even took a stand against the ban by running a commercial celebrating diversity with the hashtag #weaccept.

And speaking of Airbnb, Houston just had its biggest weekend of the year as Falcons and Patriots fans flooded the city for Super Bowl 51.

This weekend in Houston, Texas, the New England Patriots accomplished what, by the third quarter, even announcers thought was beyond reach, they came back and took the game in overtime.

But perhaps the real winners this weekend were those renting out their homes for the weekend. Hosts retain 97% of their earnings, and the average host earned $931 for the weekend, according to Airbnb.

And unsurprisingly, a large majority of guests were from Georgia and Massachusetts, up 928% and 1,700% respectively from the same period a week prior, Airbnb outlined in a report.

While we previously outlined the effects Airbnb has on the housing market by taking up much-needed inventory, it does still bring economic benefits to the city.

“When a city hosts a major event, Airbnb adds thousands of rooms and distributes visitor spending throughout the community,” Airbnb Public Policy Manager Laura Spanjian told HousingWire. “Airbnb hosts earn meaningful extra income when they share their home with guests, and because 40% of Airbnb guest spending in Houston is done in the neighborhood in which a guest stays, businesses that don't normally see tourism dollars benefit from visitor spending.”

The Nevada Supreme Court upheld the constitutionality of Nevada’s pre-2015 statutory scheme for homeowners association foreclosures.

This decision contradicts the Ninth Circuit Court of Appeals’ decision that the scheme violates due process, according to a note from Ballard Spahr, a law firm which provides a range of services in litigation, business and finance, real estate, intellectual property and public finance.

Originally, Saticoy Bay purchased a property an HOA foreclosure sale, and after the sale filed a quiet title action for a declaration that the HOA foreclosure of its superpriority lien extinguished a deed of trust previously recorded against the property. However, Wells Fargo, the beneficiary of the deed of trust, moved to dismiss the complaint.

From Ballard Spahr’s note:

The district court agreed that NRS 116.3116 et seq. violated due process and dismissed the complaint, and Saticoy appealed. After considering both of Wells Fargo's constitutional arguments, the Nevada Supreme Court reversed and remanded. It held that an HOA foreclosure did not involve sufficient state action to implicate the 14th Amendment or the Takings Clause.

The Nevada Supreme Court concluded that “[T]he Legislature's mere enactment of NRS 116.3116 does not implicate due process absent some additional showing that the state compelled the HOA to foreclose on its lien, or that the state was involved with the sale.”

A 2008 study shows that 1.5 million Americans will call in sick the Monday after the Super Bowl, and millions more will be late. This Monday could be slow as football fans nurse their hangovers.

We will continue to bring you News Nowhere Else as Atlanta Falcons fans slowly recover and come back to work throughout the week.

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