Updated Emotional Support Animal Policy!!!!!

[Amanda1775]

Hi Everyone - does anyone know when this ESA policy changed?!

• Hosts are allowed to decline the presence of emotional support animals from a stay or Experience

https://www.airbnb.com/help/article/1869/accessibility-policy

[Pat271]

@Mark116 

I think you are confusing Service Animals with Emotional Support Animals.

The Service Animal rule of “having to provide some kind of answer as to what task the dog/animal is trained to perform” is not what’s changing. Airbnb’s adaptation of the ADA laws for Service Animals have been in place for several years now.

What is changing is the host’s ability decline and/or to charge fees for Emotional Support animals. This is an entirely different category of animal, and for guests getting wind of this, their animal will magically become a Service Animal, I can assure you. Answering “My dog wakes me up when I stop breathing”, or similar, is all they have to say, and even then, only if they are asked. Easy lie, even for the most novice liar, and worth it if it allows guests to bring their animal and eliminates fees.

Now, I agree with you that passing a law making lying about service dogs or providing fraudulent documentation a criminal act would help. However, in order to do that, there needs to be a government-legislated certification process, with accompanying official documentation. Currently, there is NO legally-recognized certificate for Service Dogs (the ones you see online are useless, as they are not legally recognized).  

[Mark116]

@Pat271  No, I am not confusing the two at all.  We can agree to disagree.

The more work that has to be put into a lie, the fewer people will do it.  Right now, all the guest has to do is say ESA, and the host's  hands are tied. 

Claiming your pet is a service dog is going to mean you will have to make up a back story/task and your behavior at the host property is going to have to conform to this story, this alone will dissuade a lot of people who are comfortable saying ESA to not take the next step and claim service dog, and here is the task(s) the dog does. 

[Pat271]

@Mark116  Hosts can now decline Emotional Support Animals, and if they don’t, they can charge a pet fee for them. That is the change we are talking about here.

I predict that because of this change, fewer claims will be made by guests of an animal being an ESA, and more claims will be made of an animal being a Service Animal. 

“The proof will be in the pudding”, as they say.

[Amanda1775]

@Pat271 

Yes, I guess people can still lie, but I'm guessing this distinction will reduce the number.

[Pat271]

@Amanda1775  This distinction will raise the number, you mean, right? More people will lie if hosts start charging a fee for emotional support animals. Hosts aren’t allowed to charge fees for service dogs.

[Amanda1775]

I guess that's possible too!

[Suzanne302]

@Pat271  It's far more difficult to "fake" a service animal than an ESA. A savvy host can easily smoke out a fake service animal by making it extremely difficult for the guest. Asking the two legal questions is the first step, but the main requirement being making it clear to the guest that the animal MUST be with the handler at all times. No exceptions. Most people simply trying to bring their pet won't go for that. And also be clear that even a service animal can be removed if it becomes disruptive. (which never happens with a legit service animal anyway)

[Debra300]

I think the change in the US is in relation/reaction to the Department of Transportation's final ruling regarding ESAs and air travel. They have officially stated that ESAs are not service animals.  This has paved the way for all US airlines to disallow ESAs, and only dogs are allowed as service animals.  The following is an excerpt from the Federal Register: https://www.federalregister.gov/documents/2020/12/10/2020-26679/traveling-by-air-with-service-animal...

"This final rule defines a service animal as a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.[1] It allows airlines to recognize emotional support animals as pets, rather than service animals, and permits airlines to limit the number of service animals that one passenger can bring onboard an aircraft to two service animals."

[Stephanie365]

What this means is AirBNb is recognizing the distinction between legitimate service animals and ESAs. So if the animal is not for a disability and not trained to perform a specific task, it's not a service animal.

Furthermore if a guest now says their pet/ESA is a Service Animal, there are several states that have laws that make it a misdemeanor to impersonate a service animal.

Finally, if a guest claims their pet is a Service Animal, the ADA has strict rules for service animals to allow them to be accepted in places where animals are normally prohibited. You can hold your guests to those standards:
The animal must be leashed, harnessed or tethered. No carrying the animal. (4 on the floor).
The animal cannot be kenneled. (How can it provide a service in a kennel?)
If the person who requires the service animal exits the home, the service animal MUST accompany that person and be leashed, harnessed or tethered while it is outside of the home.
If the person who requires the service animal leaves the premises, the service animal MUST accompany that person off the premises.
All fecal material must be cleaned up.

If they want to go sightseeing, they must take their animal.
If they want to go out to dinner, they must take their animal.
If they want to go to the movies, they must take their animal.

[Amanda1775]

Apparently it was a mistake on ABB's part. The page has reverted back to the original policy. 

[Melanie82]

What is this bull **** ! What are they playing at . I thought I was losing my mind - one minute I read the updated policy and the next minute it’s gone ! 

[Amanda1775]

@Melanie82 

The page has changed for the 3rd time!! Still have to wade through it. And now the Canadian page has changed as well. Head is spinning...

[Melanie82]

It’s just crazy ! Wish I didn’t get so many reservations through them otherwise I would be off . So sick of them and their bull****. Thank you for your response . 

[Emilie]

Hi everyone, 

Apologies for only coming back to you now on this one, but I wanted to let you know that our policy had now been updated to honour your concerns in regards to emotional support animals, giving you more control over pet fees. You can find more information here. 

Thanks again for all your feedback!

Emilie

@Amanda1775 @Melanie82 @Pat271 @Mark116 @Carly142 

[Nanxing0]

So I have the same question regarding the ESA policy as it looks like they have updated the ESA policy. A couple weeks ago I declined a guest due to the review but the guest had a service animal and accused me of discrimination to Airbnb which lead to some back and forth (I talked about this in another thread). However I did notice that the Airbnb ambassador's email to me mentioned that I cannot decline service animal and ESA in NY and CA, which I feel like only in NY and CA we are mandated to accommodate for ESA while in other states we can decline ESA. I see that as a very good thing. 

In the Accessibility Policy, it is clearly stated that

• Unless the reservation is a stay in New York or California (USA) or another location where applicable law prohibits it:
  • Hosts may charge pet fees for a guest who is traveling with an emotional support animal
  • Hosts are allowed to decline the presence of emotional support animals from a stay or Experience