Can I charge an additional guest fee for service dog?

[Lee-Marie0]

Curious if there are any laws (I host in Oregon) that prohibit me, a host, from charging an additional guest fee for a service dog? 

[Dawn33]

Why would you want to do that?

[Lee-Marie0]

I was recently asked to host 2 travelers with a dog. So, in keeping with my policy of hosting all guests traveling with their pets, I state that pets are guests too and charge an additional $10 per night for more than 1 guest and make this a requirement on my house rules. I sent an alteration for 3 guests, an extra $30 (they were staying 3 nights). After the back and forth a few times on the status of a dog as a guest, she tossed in "even for a service dog?" This was the first time I have been faced with this question. She canceled her reservation before I could research the answer, so its a done deal here.

But my question still remains. What are the laws on my end? And are there requirements that a person with a service dog needs to meet on their end, ie: documentation to airbnb, mention of or photos on their profile of their service dog? 

The question is not about my empathy or my ability to help, I want to be an informed and educated host. This is a legal question. 

[Christine1]

@Lee-Marie0, It seems that the difficulty in this case has been because you guest has mentioned that they are bringing a dog, but has delayed mentioning that it is a service dog.

Many hosts charge something extra for dogs, because normal dogs often mean a little extra cleaning etc. [Service dogs don't generate the same level of work as they don't run around in the same way.]

It was understandable that you did not immediately realise that it was a service dog, and understandable that you attempted to discuss payment. It was also unfortunate that the communication fell away in the manner you described. Perhaps they held back as they were reluctant to constantly discuss their disability. You meant no harm.

To avoid future upset, you can consider a couple of strategies.

1. 0ne is to mention that there is a charge for pets, but not for service animals, just inform me [host] if that is the case for your dog.
2. Another strategy is when a dog request comes through, just put the question forward; "Is your dog a service animal, in that case there is no extra charge".... etc...

As I understand things, [and I have poured over the fine print on this issue a few weeks ago,] there is no further requirement for documentation or photos from Airbnb.

i hope this information and the other information from the AirBnb FAQ's is helpful to you.

Keep in mind the Help centre is a treasure trove of information which covers almost every legal and procedural situation, bedtime reading highly recommended. 

#: ) Regards, and happy Hosting.

Christine.

[Nancy-E0]

Read the ADA business brief here: https://www.ada.gov/service_animals_2010.htm

[Christine1]

Exactly!

@Nancy-E0

[Christine1]

@Lee-Marie0, In almost all jurisdictions, service dogs are required to be permitted by law. I understand that you are enquiring about payment not access.

Nonetheless, even though a service dog is a living creature and requires a degree of accommdation; to charge accommodation for a service dog is the equivelent of charging for a wheelchair or prosthetic or some other adaptive technology which assists a guest to have mobility and access to the wider world.

So, it's not an ideal thing to do. A person who requires a service dog has enough things missing in life and extra expenses with their daily life as it currently stands. Why add to that expense?....

Feel glad they chose to stay with you, it's your chance to demonstrate that you are open to a wide range of wonderful guests and demonstrate your big heart. no-one is trying to take advantage of you. The dog will be like a shadow and this guest is likely to be exemplary in their conduct.

I am sure there will be plenty of AirBnb hosts who will accommodate the Service Dog without charge if you decide to refer them on... but why do that. 

Write back and let us know how things worked out.... it will be of interest to us all.

Glad that you asked us before making a decision to charge.

I hope this discussion is helpful to you.

Christine.

[Lee-Marie0]

Thank you for some insight into the laws around service dogs. That is really what I am after. Perhaps I should call airbnb directly. I thought maybe the community would have some experience to share about this legal aspect of hosting. 

[Christine1]

What is Airbnb's Anti-Discrimination Policy?

Airbnb is an open marketplace. Through their experiences on Airbnb, we hope that our guests and hosts build meaningful connections with people from all over the globe.

To that end, we prohibit content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, and we require all users to comply with local laws and regulations.

Many countries, including the U.S., have laws preventing discrimination on the basis of race, religion, national origin, disability, sex, sexual orientation, or age. In the U.S., anti-discrimination laws apply to discrimination by any inn, hotel, motel, or other establishment that provides lodging to guests.

The Americans with Disabilities Act prohibits discrimination in public accommodation on the basis of disability, which may include things such as access and service dogs.

In addition, fair housing laws often prohibit discrimination in the selling or renting of such housing based on race, national origin, religion, sex, familial status or disability.

As a host, you should be familiar with the laws that apply to you and your listing.

If you believe a listing or person on the site is in violation of this position, let us know.

[Nancy-E0]

It is against federal law (ADA - Americans with Disabilities Act) to charge extra for a service dog. The best thing to read is the ADA business brief located here: https://www.ada.gov/service_animals_2010.htm

[Brian1678]

The law classifies service animals as "guests" not pets. Therefore, you cannot request a "pet fee".If you clearly state that you allow service animals but require an additional "guest" fee, you can legally collect the fee. As a host myself, my wife and son are deathly allergic to animal dander so legally I can refuse to host guests with service animals because I dont have to put my familys health in jeopardy to host a "guest" with a "service guest-animal." If I choose to host them, I can pick and choose what type animals I allow. (Shelty-no, a poodle-yes). Clearly someone with common sense would understand the difference. 

[Sarah977]

@Brian1678  Yes, you can refuse any animals, even service dogs, for reasons of allergy or safety (I have a large alpha female dog who doesn't abide other dogs on the property), but only if you home-share. Hosts could be delisted for refusing service animals in an entire home listing. 

[Louise47]

Why would you want to charge them.. It is not like the dog willbe running around on its own all the time..They dont leave the owners side and don't even go to the toilet without the owner telling it to. In fact they are better trained then a lot of kids I know.  You should feel blessed that the owner feels you are worthy of them and their dog.  Maybe this could be a good thing for you. Not everything is about making money and yes like the other lady said it is costly enough with a disablity .

[Gerry-And-Rashid0]

In most countries it is illegal to discriminate against the user of a service dog by increasing charges to them because they happen to require assistance. I think that's what you were asking?

Because of federal fair housing laws that require landlords to allow reasonable accommodations for tenants with disabilities, the landlord may not prohibit a service animal or companion animal from living in the unit, or charge the tenant extra rent or security deposit. A service or companion animal should not be considered a pet. A service or companion animal should be treated, from the landlord's perspective, like a piece of medical equipment.

[Brian1678]

With hair and dander that puts people with extreme allergies at risk of an deadly allergic reaction.