Expansive “Assistance Animal” Policy Hurts Not Helps Disabled Guests

[Jesse-B--0]

Disclaimer : My analysis is limited to jurisdictions governed by United States Constitution and is my own personal opinion of general applicability. It should not be taken as specific legal advise to your individual and unique set of facts. 

Under the Americans with Disabilities Act (“ADA”) only a dog can be considered a “service animal” that supports a disabled individual with one or more functions necessary for daily living. Whether you agree that such limitation to dogs-only is warranted or not, that is the balance that Congress has struck in dealing with this very sensitive and important civil rights issue. 

Under Airbnb’s “Assistance Animal” policy, “any” animal could be considered assistive of a guest’s (disabled or not) if the guest says that it is. By logical deduction then, even animals that are commonly antagonist with dogs could be considered an “assistance animal” which as a host you are now required to make a every effort to accommodate. Because said “assistance animals” do not require the same level of training or certification that dogs undergo to be considered a “service animal” under the ADA, one could very well imaging a likely hypothetical situation were the lesser trained animal becomes irate, confrontational, or otherwise agitated by the presence or sight of an ADA-level on the premises. Thus, placing not only the “service animal” but its legitimately disabled owner at great peril and danger of being attacked or otherwise deprived of the full use of the very tool which Congress has deemed necessary for the disabled party to fully participate in every day life. 

The broad, vague, and burdensome “assistance animal” policy that Airbnb has crafted (while probably intentioned) and definitely leading to more bookings by attracting a large segment of non-disabled pet lovers, is nonetheless going to hurt and undermine disabled patrons. This is not the time to be more expansive and loose with defining what a “service animal” should entail. Congress has already done that with great success. Rather, this is the time to protect that right and narrowly define it so as to protect our society’s vulnerable disabled citizens; those with severe and highly debilitating physical and mental disabilities that would otherwise not have mobility but for their specialized-trained dog. 

In fact, the US Airline industry recently did just that. It protected our most vulnerable by limiting the exception for “service animals” allowed in the passenger cabin to those animals as defined narrowly by the ADA, and has specifically excluded the unreasonable and preponderance of “emotional support” animals taking to the skies, such as piglets, farm livestock, and other large over-the-top, clearl-abuse-of-accommodations-law-animals that made flying not only less pleasant for law abiding passengers but also dangerous for the ADA approved service animals and disabled flyers.

Airbnb should protect the ADA and the citizens whom it was originally intended to serve by following the Airline industry’s leadership on this sensitive, pertinent, and timely issue. 

[Mike-And-Jane0]

@Jesse-B--0 But Airbnb make money when guests can claim any animal is an emotional support so what will be will NOT be changed. Some would think it stylish that they exclude animal damage but actually it just adds salt to the wound.

[Jillian115]

@Jesse-B--0 I completely agree. Anyone who meets the ADA service dog criteria should always be able to bring their service animals. They are highly trained dogs with critical jobs to help and keep their owners safe.

But this new policy to allow anyone to claim any pet is there for emotional support is very dangerous. The fact that guests do not need to provide any proof the animal is a registered service animal or even let you know in advance they are bringing an animal is a huge concern for me.

I have a no pet policy for a few reasons: 1) my dogs are not used to being around other animals -- we live on acreage; they protect the free range chickens and chase everything else off the property. 2) I have chickens which some dogs will attack, and 3) I don't want to be liable if anything happens to someone's pet -- I hear of stories often where the animal got into something, which ended up being a large vet bill. The host was responsible, and in most cases, unintentionally negligent.

Airbnb is not looking out for the hosts. It's all about profit, but in the end, we are the ones who are liable, and if we say no to an emotional support pet, we are shut down for discrimination.

Yes, you can claim if the pet damages your property, but you have to do it immediately when the review window is open.

It's a no-win situation that is going to hurt hosts and also those who meet the ADA guidelines for service animals.

[Christine615]

I agree. Airlines in the US are getting fed up with the emotional support pigs, the dogs that bite customers, the emotional support squirrels and peacocks and . . .

My daughter once had a roommate who wanted a cat. The apartment complex said no and so she cried and claimed it was an emotional support animal. It wasn't. The other roommates were ticked off.

I am sympathetic to people who have emotional or medical needs. But this is getting out of hand and if airlines are allowed to restrict them and they are considered a public accommodation, then Airbnb needs to drop that requirement and let hosts consider the requests on a case by case basis. Otherwise Airbnb should assume ALL liability for the damage.

[Jillian115]

@William810 CS is trained to overcome hosts objections. There is no arguing a policy because CS is outsourced and they have no power to change it. This is the major issue with third party customer service. Once a policy is implemented the only role of CS is to enforce it. It's the new better customer-centric-only Airbnb. Refund at the host expense, make hosts liable, and suspend listings at will. Thats the power they have been given. They can't change policy because they are a third party.   

[Inna22]

@Jesse-B--0 @Jillian115 this is a common misconception that support animals are highly trained. In order to not put limitations on the disable individuals, there are no specific requirements to the training. As long as the person feels that the dog does the job. Furthermore, there are psychiatrics support animals who fall in the same category (not emotional support) and their mere presence is enough. Their job is to be there. There are certain behavioral requirements - the can not jump on others unless provoked but they are not robots and can bark etc as long as the handler can gain control. I am not disagreeing with you on other points but want to clarify

[Jillian115]

@Inna22 @Jesse-B--0 @William810 @Christine615 My issue with this policy is the double talk for guests and hosts. 

"For guests...You don’t have to disclose the presence of an assistance animal before booking, although we always encourage transparent communication to ensure a smooth experience for all.

If you are denied a booking due to your assistance animal—for a reason other than a health and safety concern—be assured that Airbnb takes reports of discrimination in our community very seriously.

If you believe you have experienced discrimination on our platform, please report it, and include the identity of the person, plus details about the situation. You can also flag messages or other content that you believe violates our policy.

We’ll investigate the situation and may follow up for additional documentation. We’ll also offer personalized booking support to find you a place to stay.

For Hosts

You’ve received a booking request and now you are wondering if you are required to accept assistance animals. Generally, yes, unless there’s a threat to health or safety. As stated in our Nondiscrimination Policy, Hosts are expected to reasonably accommodate reservations where an assistance animal may be present, even if their listing/house rules state “no pets.”

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In the Guest section they say you don't have to disclose you are bringing a pet and if the host discriminates let us know we take it VERY seriously and we will deal with it. 

Then in the Host section they pretend that we will be receiving requests. Even after they tell guests "You don’t have to disclose the presence of an assistance animal".  But somehow we can say no to the pet if we feel there is a threat. LOL

--

It's double talk and it will not end well for the hosts. If these untrained "emotional support animals" get hurt or cause harm to our animals or our property the host will be liable. CS will have no authority to help. The only power they have these days is to refund the guests at the hosts expense or shutdown a listings.  

If the policy followed the ADA guidelines this would not be a concern but Airbnb is trying to force all listings to be pet friendly. Thats why everyday I am asked to make my home pet friendly when I sign into my account.  

[Inna22]

@Jillian115 @Helen427 @Jesse-B--0 @William810 @Christine615 This is how I see it: guests do not have to disclose their pet. Hosts can turn them away if there is a health or safety hazard. There shouldn’t be a health or safety hazard unless the host is on site in some way. Therefore, the host will get to see the pet arriving and is eligible to send them home. No guest in their normal mind wants to turn up then be sent home and therefore any guest with the service animal will let their host know in advance.

I don’t see a contradiction in Airbnb messaging.

I have a family member with a service animal and she has been physically kicked out of places. Her animal did not misbehave, she entered and was escorted out. More than once, in front of my eyes.

There is no such a thing as service animal registration. A lot of you keep repeating that making it sound like disable people are getting away with something. By law there is no such a registration. Instead, you can familiarize yourself with the three questions you are allowed to ask and if they can not answer those, they do not have a service animal and you can turn them away

how many of you personally encountered a service pig?  I actually encountered many. Except they were human pigs trashing my place. I will take an emotional support pig instead any time of the day. 

I also understand that many people abuse this and I understand that people have allergies or situations where pets are not appropriate. However for once I think Airbnb is doing the right thing.

[Jillian115]

@Inna22 The difference between a service dog and an emotional support animal is a service dog is a highly trained “working” dog. An emotional support animal is any animal that brings you comfort or emotional support. You are correct service dogs do not need to be registered. They are allowed in most public areas and must be harnessed. A business owner can ask by law what is the task the dog is providing but not the disability of the individual. 

As I have said I have no issues with service dog I respect the work they provide. But any animal trained or not can be labeled an emotional support animal. 

[Colleen253]

@Inna22 This has nothing to do with legitimate, highly trained and specialized service dogs, and everything to do with the growing number of people exploiting Airbnb’s policy and bringing any pet to a no pets listing, simply by claiming its an emotional support animal.

[Inna22]

@Colleen253 @Jillian115 

Again, survive animals do NOT have to be highly trained. Where did you get that info? Many are but a lot of them do important jobs that do not require training. For example, a dog might simple be trained to walk in front of the owner with PTSD. it is a very simple training most dogs get except normal dog is trained to walk on a side and this one in front. They enter a space first and the owner knows it is safe. 

yes, there is a ton of abuse of the system but many legitimate service animal owners get turned away because of misconceptions   

[Jillian115]

@Inna22 How “Service Animal” Is Defined

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 whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant State attorney general’s office.

[Jillian115]

@Inna22 

https://www.akc.org/expert-advice/training/service-dog-training-101/

"The Epidemic of Fake Service Dogs

Federal laws provide special accommodations to the disabled and limit the questions that may be asked about disabilities.  Unfortunately, too often these laws are abused by people who fraudulently misrepresent their dogs as service animals.  

This harms the truly disabled, confuses the public, and affects the reputation of legitimate service dog users.  Even worse, a poorly-trained fake service animal can be a danger to the public and to real service dogs.  In response to this growing problem, the American Kennel Club in 2015 issued a policy position statement on Misuse of Service Dogs. " 

“Regardless of breed or mix, the best service dogs are handler-focused, desensitized to distractions, and highly trained to reliably perform specific tasks. They are not easily diverted from their tasks at home or in public and remain attentive and responsive their owners while working. “

“According to the U.S. Department of Justice, Civil Rights Division, Disability Rights Section, “If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.” 

Also on a personal side note: I do have pets, one of my dogs is half Vizsal they are trackers, searchers, and companion dogs.  She follows me wherever I go. When I'm at my desk she sits by my side when I get up she follows me.  She sleeps next to my bed when Im sleeping.  It pains me to put her in a kennel when I travel. If I can't find a house sitter I just won't go. When I leave my pets I check in to make sure everything is okay. She provides me comfort and joy and emotional support but I would never ask to bring her to a house that is not pet friendly. 

[Colleen253]

@Inna22 It’s that abuse of the system that no doubt causes many people with animals that are legitimately there to serve and support them to be turned away. Airbnb’s policy encourages that abuse. Most legitimate assistance animals will be trained to the degree that they are not going to cause a nuisance. They won’t be the dog that barks uncontrollably, has no recall training, jumps up, is aggressive with other animals, maybe isn’t properly house trained, etc. etc. 

[Inna22]

@Colleen253 you are giving a first accurate description of the service animals behavior expectation. This is however different from "being highly trained". People expect a German Shepard robot dog leading and visually disable person and that is just not how it is in real life.

We are now as a society getting comfortable and familiar with a range of disabilities.

It is truly unfortunate that so many abuse the system- I can not agree more. 

One of the ways to improve it is for more hosts to allow pets (if they can). If there enough options out there for guests, less need to break the rules. So many hosts do not want to allow dogs because they are afraid of damage and extra cleaning and I do not get tired of saying that my human guests usually cause a much bigger mess than any pet could.