ADU question during Covid

Linda324
Level 3
Altadena, CA

ADU question during Covid

Hi. I host at an 1877 ranch on top of a mt and surrounded by National Forest. It is gated and the unit in question is freestanding in a courtyard used for feeding animals and using the workshop. I recently had a persistent potential guest ask question after question about parking her car in the courtyard, if she could get to my main house and if delivery people could come to her door. 
My place is on an incline and built way before ADA. That is part of the rustic beauty of Mountain Views and private areas, meadows etc, secluded from civilization. My unit itself is wheelchair friendly and on one level and the courtyard is flat. The parking area is flat but between the two there is a slope and a 6’ gate. A wheelchair can navigate it but it would be much easier if there were a helping partner to open gates, walk down to the main gate to pick up delivered items. Ups etc will only leave things on a table outside the main gate during Covid. I am unwilling to leave either gate open since there are cougars bears and coyotes that would happily eat my chickens and goats. 
I am mid 60’s and unwilling to go pick up or run errands for anyone during Covid. Not worth risking my life. 
Is this a legally defendable reason to Decline a guest?  I have made all the above transparent to this person. 
thank you

6 Replies 6
Sarah977
Level 10
Sayulita, Mexico

@Linda324 What I would do is to just make it quite clear to the guest what the conditions are at your place, what accomodations you can and cannot make, and ask her to agree in writing that she understands and agrees to the circumstances if she still wants to book, so you have documentation if she tries to complain or get pushy after arrival. If she needs more time to decide, ask her to please withdraw the request as you are under a time limit to accept or decline her booking and resubmit it if she still wants to book knowing the conditions she will encounter.

 

If you feel like declining just because she's being a pain in the butt with all her questions, or is demanding you to leave the gate open, for example, when that clearly isn't an option, if you decline and she complains to Airbnb that you discriminated on the basis of disability, make it clear to Airbnb that you declined because she was demanding you do things you can't,  just as you'd decline any other guests who did that. And if you've accepted and hosted other disabled guests without incident, you can point that out- it works in your favor.

Lorna170
Level 10
Swannanoa, NC

@Linda324   If your unit does not meet ADA requirements (as my 1937 cabin does not)  and is therefore non-compliant even if "wheelchair friendly", than that is all you have to say to the potential guest.  It does not suit.  On the few occasions that I have hosted guests with disabilities, it is always with the understanding that the home is not compliant and they must have a companion that will take care of their needs.  This guest cannot expect you to be their aide.

Lisa723
Level 10
Quilcene, WA

@Linda324 @Lorna170 @Sarah977 

 

"Airbnb hosts may not:

  • ...
  • Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest."

 

https://www.airbnb.com/help/article/2867/nondiscrimination-policy

 

You can accept the booking with the provision that you will not be leaving the gate open, running errands, etc.. If the guest chooses to book anyway they are on their own.

@Lisa723 Yes, that's why I suggested the host just make the conditions clear to the guest and leave it up to the guest to decide if she can live with that. 

 

And that if the host decides to decline, it should be on the basis that the guest was demanding things the host can't accommodate, rather than the host saying it was because she didn't feel the guest would be able to be comfortable there.

@Lisa723    I do not presume to tell a guest with disabilities that they cannot stay at my property, but I will categorically state that my property is NOT ADA compliant.   Without casting any aspersions, I would want that on the record in case the guest did book and then made a valid complaint relative to accessibility.   

Lawrene0
Level 10
Florence, Canada

When I get question after question here, @Linda324 , or even just one worrying question about something I cannot allow or provide, my "no" answer always includes, "I completely understand if this is a dealbreaker." 

Sometimes it is, and it gives the guest an out, a good reason to cancel. Sometimes it isn't, and they now make the best of things without whatever it was they were wanting.

I'd be using the dealbreaker line on someone keen to let the coyotes in with the chickens.