@Ange2 @David126 @Alice-and-Jeff0 @Lawrene0
All you regulars on the community are familiar with all these prickly sides of this topic!
Being sued like those 2 hosts is immensely scary. Thankfully, on our side of the pond the trigger-happy litigation finger is much slower!
Anyway, what I have gleaned from all kinds of sources and another forum is this:
The (American) law differentiates between
- rentals offered in private homes in which the host lives and shares and
- rentals in spaces designated to be rented on short-term (non-permanent) basis and are not inhabited by the host.
meaning vacation rental apartments (probably also RVs etc. - my interpretation)
Private home rentals are allowed to restrict bookings to adults and do not have to accept children.
The rentals not used as regular private home are considered publc rentals and may not exclude children, however if there are steep stairs and other such hazards, this may allow restrictions.
On the whole it started getting complicated re. the public rentals because there are different laws around them, and I only rent a space in my home and also live here and not in the US where these laws apply, so I didn't go deeper into this.
Further: I have also seen knowledgeable posts explaining that if specifying the space s UNSAFE for children, this is not considered being discriminatory. This is due to the fact that it is warning about a possible hazard (like not pulling a plastic bag over your head and inhaling while sitting in the tub using the hairdryer). So not allowing children into a 10 ft high treehouse due to safety reasons is most probably not sue-able because it's a health warning.
It seems that the expression 'suitable' alone could be misconstrued. Again, this is how I've understood what I've seen and read; I'm not a lawyer.
It seems to leave open too many questions as to why it's unsuitable - host afraid of children causing damage etc....
I personally think that if hosts were able to either put a hold on the security deposit instead of ABB, this would in many or most cases defuse the issue of accepting children. After reading so many reports of hosts reporting how difficult or impossible it was to have their damages reimbursed even from their own security deposit in instances with or without children it would make me a lot warier too in renting an independent unit.
And then there are reasons like @Alice-and-Jeff0 state. I too am very happily childless by choice and would like that to be continued in the ebb and flow of guests through my home. I hear enough high-decibel sounds and exchanges consisting of repetitive expressions like 'I want, but' and'No' countless times in succession are fine (actually no...) in situations I can remove myself from, but not in my home.
(Kind of funny - as I am writing this the piercing screams of a very unhappy toddler in the apartment downstairs fuel my thoughts! Luckily only another 4 of the original 5 months sublet left!)
So bottom line to remember: SAFE is the magic word!