Discrimination?

[Jennie131]

My house rules state that my house is not suitable for children under the age of ten. I have checked both "Not Suitable For Infants" and "Not Suitable For Young Children" buttons. Guests don't bother reading house rules or listing descriptions. Guests still send a booking request with infants and children on the reservation. When I tell them the house is not suitable for infants and children, they almost always become hostile and combative. 

The other day I had such a booking request. I asked him to retract the booking request, because the house is not suitable for small children, and he had two small children on the reservation. He argued and became hostile, but then he did retract it. I DID NOT DECLINE IT, HE CHOSE TO RETRACT IT.

This morning, I received a nastygram from customer service telling me that I am guilty of discrimination for declining a reservation that included children, and this is strictly not allowed. I was warned to refrain from discriminating against guests in the future. 

My house is not safe for young children, and my insurance company will not allow me to host children under ten years of age. 

How can I avoid getting penalized in the future?

[Colette203]

I've had a similar situation where people refused to take no for an answer. What happened when you reported them for harassment? It's a solution I hadn't thought of...

[Mikki0]

@Jennie131  I have the same settings. I also have a 2 person limit, and couples with children don't think children are people. When someone books with a child under 12, I remind them that my place is marked as not suitable, and I tell them why. For my place, it's not child proofed, I have two large breed dogs on the property (although not in the same space as the listing). EVERY time the rescind their request. If they've already instant booked, I refund the money when they cancel. 

Add to your description or house rules why children are not allowed. I would also call back Customer Service and explain that it is NOT discrimination in your town/state, it is an insurance requirement. If you have a copy of your insurance rider, sent them a copy of that.  

[Anonymous]

@Mikki0   I think their objective is not to prevent actual discrimination, but rather to prevent their customers from feeling discriminated against. By that measure, you're automatically guilty if anything you do results in a complaint, even if the complaint was unmerited.

[Helen744]

@Anonymous this is all very subtle here but I agree a necessary distinction ,but we are none of us savvy generally to exactly the messages that others are picking up either inadvertantley or actually.I had indigenous archaelogists stay with me recently and did a quick review in my head about any way I could have made their stay more welcoming .I came up with the realisation that I am a very 'white bread offering' a childrens book , a house key tag featuring indigenous painting and stories but I felt pressure to be more as a human. Can we be all things to all people? Probably not but we ought to be welcoming . Bottom line H

[Tamara682]

@Jennie131

Hello,
I'm new myself but I see that your husband is in real estate and assuming he's been doing it for any length of time, that you're familiar with other laws besides discrimination.

For instance, as a LTR landlord for 15 years there were times I called our local landlord's association specifically asking if I had to put my home at risk out of fear of discrimination. Low and behold, the answer was no. Discrimination is not the only law on the books thankfully. There are also laws about safety, capacity, insurability, etc.
I also have a rule of children 10+ or older for legitimate safety reasons. Furthermore, I am not set up for little children and babies - nothing is child proof, there are no baby accessories like cribs, changing tables, bassinettes, rompers, etc. And I love children, so fear is not a factor. 

But I love children who are safe, and happy, without having to be concerned if their parents are watching as they ram into the temporary fence and fall over the edge of the property onto the large, jagged rocks on their way down. There are other considerations but you get the point.

My suggestion is that you stick to the safety reasons why you have the rule of 10 and over. Certainly, ABB is not interested in setting itself up for a lawsuit if they require you to choose dollars over safety.
STRs like LTRs are not exempt from opportunists.
And after reading your comments, it seems to me that your reasons are for safety. You don't strike me as some fearful, illogical, elitist who hates children.
Contact your local agencies if you don't believe me. Discrimination is not the law of the land where everyone has to roll over and set themselves up for more expensive lawsuits, even if it isn't safe.

You have a right to protect your property and those in it. Just ask the insurance company.

[Elisabeth40]

It’s strange, I never had this problem with not hosting kids or I also don’t have any requests from people wanting to stay with kids but I used to have years ago a big wave and similar type of trouble with guests requesting to stay at my home with dogs. I got attacked by a dog as I was a child and I seriously cannot have any big dogs around me. I have one couch listing, where the pet would be in the living room and we all need to pass the living room to use the bathroom, I just even cannot imagine to pass a big dog in the darkness during night .one time I got so in trouble because a guest booked without telling me she has a dog. I discovered it during the check in. She claimed it was a service dog but in reality it was a dog all over on all furniture and a leather couch gets damage from the claws too. I tried to cancel on the guest after one night, she booked for three nights, I got in a serious fight with Airbnb accusing me of being discriminatory towards service pets, the Airbnb person even told me that the guest can sui me for declining her with a dog. I thought it’s abusive, this dog was even not a trained service dog, and why no one cared about my ptsd?! I mention in my house rules that I don’t host dogs. I just cannot. I would need to pee at night in my room wile a dog staying here. I wouldn’t be able to use the kitchen an cook. I don’t know how Airbnb thought it discriminates dogs? After a wave of this requests it stopped and not I have no requests with pets at all anymore. But also it’s quiet strange that someone expects you to host kids if your property is clearly not a place for kids. You would mind you are actually being responsible and not ignorant host, how can this even be accused with discrimination? And if something happens to the child, they can sui you for life. What a stress. Why does one wants to risk someone’s life? 

[Helen744]

@Elisabeth40 , no one said they had phobias about children but maybe some do . You have my sympathy about your dog phobia and whatever its cause,but a phobia by its nature does not really address the reality of a changing situation . Its fixed and belongs to you and is not open to rational thought I am claustophic and find a lack of clear exit to be triggering . I can now recognize it occurring in real time but then must exit the space. In your unique circumstances then I would add to your 'do not accept pets'rule another clearer explanation for your guests along the lines of ." Please be aware that the hosting family has a person who has a medically diagnosed and permanent and debilitating fear of dogs and if a dog is accidentally or deliberately brought to the home a cancellation ,effective immediately will ensue".I do not accept pets but for completely boring reasons , like a main road . Please look after yourself in these circumstances . All the best Helen

[Suzanne302]

@Elisabeth40 

I fully support service dogs and dog-friendly rentals, but understand those who do not want to host pets. That being said, as a homeshare host know your rights! You are exempt from ADA laws regarding service animals because you share the same space. So, you actually have the right to refuse to host a guest with a service animal.

Granted, from the behavior you describe, that was definitely NOT a service dog!

[Kitty-and-Creek0]

As we all know, a service dog is a special one, a working dog. 

According to the National Service Animal Registry, the average cost of a service dog is around $15,000-$30,000 upfront. Some can even cost upwards of $50,000 depending on their specific tasks and responsibilities.Feb 10, 2020 

A local breeder/trainer I know charges an average of $20,000 for training, alone. This, and the amount of maturity required means no puppies, no behavior issues, and most often certain breeds of dog are by nature better suited to the training and the job. 

[Summer64]

I have it in my rules posted on my listing. To be honest, if it were me, I'd simply decline the reservations and let them know you can't accommodate them without giving them a reason. Then they can't get mad.