Hi everyone
This is one of those little hosting detail...
Latest reply
Hi everyone
This is one of those little hosting details where I imagine everyone does things slightly differently.
If...
Latest reply
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Am I forced to allow ESA? We have a no pet policy and guests are saying that I have not choice but to allow ESA animals and they don't even have to ask me, nor can I charge an additional fee.
My understanding is that an ESA is a "support" and not "service" animal and that you do NOT have to allow this except for long-term housing.
On another note, you have two dogs as your profile photo. You are putting this out to the universe.
Picture has been changed.
@Tonya249 Before animal lovers and owners out there roast me....
I do not understand guests who insist on booking no pet accommodations and then bring animals to the property by claiming ESA or Service. I have found true/real Service Animal owners to be respectful and open about their need for the animal to accompany them, and they generally look hard for properties that will happily accommodate their service dog, while owners of ESA animals are trying it on to avoid a nominal fee or have a blatant disregard for hosts who wish to maintain allergen free properties.
I rarely have an issue with a guest wanting out of the pet fee. This is what I send to those who claim an ESA and refuse to pay the fee. I have inserted an italicized option for a Pet Free host.
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You have advised [name of property, a No Pet, Allergen Free accommodation] that you will be bringing an animal that has been classified as either a Service Animal or Emotional Support Animal (ESA) meeting the definitions of the ADA or the Fair Housing Act and are claiming exemption from the advertised Pet Fee.
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs [or other animals] whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Emotional support animals are companion animals who help their owners cope with the challenges associated with emotional and mental health conditions (such as depression and anxiety) by providing comfort with their presence. Unlike service and therapy dogs, emotional support animals are not expected to perform specific tasks related to their owner’s condition, nor must they adhere to any behavior standards or training. While the Fair Housing Act does protect a person's right to have an emotional support animal when renting or buying property, it doesn't necessarily extend to vacation rentals. This is due to the fact that the FHA covers all “temporary or permanent dwellings,” but not accommodation classed as “transitory.”
1. A Pet Fee shall not be assessed for service or assistance animals, but guests are financially responsible for any injury to persons or damage, repair or replacement of property relating to the behavior of any service or assistance animal.
2. Guests are responsible for sanitary disposal of all waste products of their service or assistance animals, including removal of waste materials from outdoor areas and disposal of such waste in trash receptacles.
3. The guest shall provide evidence of current immunization and veterinarian contact information if requested by [name of property].
4. Service animals will be in the company of the guest at all times.
5. Assistance animals are not to be left alone in the accommodation unless crated.
6. All service and assistance animals must be properly leashed when outside the accommodation and must not be left unattended when outdoors.
7. No animal, either service or assistance, will be permitted to sleep or lie on any bed or furnishings in the accommodation.
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How does this help you? Well, it doesn't really, but sending this to the guest puts them on notice that you are aware of published ADA accommodation rules and are making an exception by accommodating their unwanted animal. I have had guests cancel the booking after receipt of this information.
I did and I ended up allowing the dog. 😕 I guess we will see how it goes.
@Tonya249 . So your listing is in Massachusetts? This article might help https://www.weneedavacation.com/str/service-animals-vs-esas-in-ma-vacation-rentals-qanda-for-cape-co...
We have similar laws here where a service animal must be allowed to stay but an emotional support animal, not obliged. Telling the difference? Ask lots of questions.
As per the article suggest the guest consult a lawyer if they think they are correct. I'm no lawyer.