Earlier quoted context omitted.
AirBnB collects that information as well ("entire place", "private room", "shared room".) They make no effort to filter out illegal listing, in spite of the fact that a decent (but not perfect) implementation would be utterly trivial. They are willfully leading a massive conspiracy to violate the law and the company and its executives ought to be held liable.
Entirely trivial to implement the coding, and entirely a nightmare to implement and maintain the database which stores this information on the current laws of every locality in which airbnb operates.
In any event, we need not let the perfect be the enemy of the good. They can start with the low hanging fruit. In NYC they reportedly make millions of dollars a year. Certainly that justifies the cost of adding a line in a database? (<30 days, whole place, apartment).