SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL BRANCH In the Matter of the Application of THE NEW YORK Index No. CITY MAYOR'S OFFICE OF SPECIAL ENFORCEMENT Regarding a Subpoena Directing the Production of Certain Records from Airbnb. Inc. —X AGREEMENT REGARDING COMPLIANCE WITH FEBRUARY 18.2019 SUBPOENA TO AIRBNB, INC. AND RESTRICTING DISCLOSURE OF RECORDS PRODUCED THEREUNDER ‘The New York City Mayor's Office of Special Enforcement (“OSE”) and Airbnb, Inc. (Airbnb”), through their respective attomeys, agree as follows: 1. 3. On February 18, 2019, OSE, a law enforcement agency of the City, served a subpoena duces fecum upon Airbnb (the “Subpoena”), concerning specified categories of short- term (less than 30 days) rental listings with transactions on Airbnb’s platform between January 1, 2018 and the date of the Subpoena. ‘The parties have been engaged in good-faith negotiations since OSE’s service of the Subpoena upon Airbnb, resulting in a preliminary agreement dated April 5, 2019 (the “April 5® Agreement”), the terms of which are fully incorporated herein except as expressly amended or disclaimed. A copy of the April 5" Agreement is annexed hereto as Exhibit A. after the April 5* Agreement, the parties Following continued good-faith negoti agree that Airbnb's production of records in response to the Subpoena and OSE's disclosure of such records shall be governed by the provisions set forth in this Agreement(the “Agreement”), and that Airbnb’s compliance with this Agreement shall be considered full compliance with the Subpoena. 4, Initial Production, a. Airbnb has produced and/or will produce records in the format specified in Paragraph 4(b) with respect to the following categories of listings, which production shall be referred to herein as the “Anonymized Initial Production”: i, Each listing in New York City with an accepted reservation starting between January 1, 2018 and February 18, 2019 for a stay of fewer than 30 consecutive days that the relevant host categorized as “entire unit”; Each listing in New York City with an accepted reservation starting between January 1, 2018 and February 18, 2019 for a stay of fewer than 30 consecutive days that the relevant host categorized as being a “private room” or “shared room” and having a maximum guest occupancy of three or more; iii, Each listing in New York City with an accepted reservation starting between January 1, 2018 and February 18, 2019 for a stay of fewer than 30 consecutive days that the relevant host categorized as te ing a “pri 1m” or “shared room” and having a maximum guest occupancy of fewer than three, provided such listing also satisfies one of the following additional criteria: 1, The associated host also has one or more listings being produced pursuant to Paragraph 4(2)(i) or 4(a)(i) above; or Page 22. Such listing is part of a group of two or more listings by the same host that meet the criteria in the first sentence of Paragraph Aa where the listings in such group share the following characteristics which are intended to identify multiple listings by a host at the same location that were offered for a total maximum concurrent occupancy of three or more: (A) same or similar listing address and zip code (as determined based on Airbnb’s reasonable review); (B) combined maximum occupancy of three or more; (©) overlap between the first and last reservation start dates for at least two listings within such group; and (D) combined total of $0 or more days of accepted reservations across such group during the Subpoena time period (reflecting a probability that the listings in such group were available to be booked concurrently). 3. Nothing in Paragraph 4(a)(iii)(2) shall prevent Airbnb from producing listing groups with fewer than 50 combined days of accepted reservations that it has otherwise identified, based on its g00d-faith review or other information in its possession, as hi ing been offered for a total maximum concurrent occupancy of three or more; and iv. Each listing identified by Listing ID in the Subpoena, Rider Attachment A, to the extent not includ. b. For each listing in the categories described in Paragraph 4(a)i)-(iv) above, Airbnb has produced and/or will produce the data fields specified in this Paragraph 4(b). Page 3