Judge rules that case against Airbnb can continue after fatal shooting at house party

Elhania, a resident of San Jose, attended a party at a home in Sunnyvale on the evening of August 7, 2021.

In her 2023 complaint against the company and the homeowner, Li said the party was “advertised all over the internet” and had about 150 to 200 attendees, some of whom paid an admission fee. Many of the guests were under 21, although alcohol was served, Li claimed.

During the party, a 17-year-old guest, whom Elhania did not know, shot him in the chest and neck, killing him. Another person was also shot but survived. A 17-year-old was arrested later that year on suspicion of the shooting and his case was pending in juvenile court, Li said.

Police were called by a neighbor who complained about the noise from the party before the shooting occurred. The officers who received the call were outside the home trying to contact the owner to gain access when Elhania was shot behind the house, Li said.

The complaint alleges that both Airbnb and homeowner Ke Zhou were negligent in approving the rental, violating several rules Sunnyvale has enacted to prevent large parties and potential violence at short-term rentals.

One of the key provisions of Sunnyvale's ordinance states that anyone listing their property on platforms like Airbnb “must reside on-site for the entire duration of the tenants' stay” and that it must be the owner's primary residence, with a maximum of four overnight guests allowed per listing.

Owners must also apply for and obtain approval from the city before offering their property for rent on platforms such as Airbnb.

However, Li claims Zhou never registered the home with the city and should not have listed it on Airbnb. The home was offered for rent as an “entire house,” meaning there would be no host on-site, as required by city regulations.