Service Animals VS Pets

[Laura2714]

I used to list my space as being accepting pets with a fee. I’ve ceased listing my room as ‘pet -friendly with a fee,’ due to the fact that, the majority of the ‘pet’ inquiries where people who’s expectation was that the pet would stay for FREE because they claimed, ‘service animal.’

When I asked these potential guests to provide the proper documentation for a service animal; no one could provide the proper ADA paperwork that certified their animals as a ‘service animal.’

Again, at the time, the listing did accept pets with an added fee. These people did not want to pay the fee. 

Recently, the Arizona state legislature pass a law that clearly states representing a ‘pet’ as a ‘service animal’ is fraud. And, can be charged and prosecuted as fraud. This was a reaction to the number of folks presenting pets as service animals. And, business owners frustration with the situation.

The county I live in provides this sign for business owners and training on the new law. 

I understand that I am required to follow ADA guidelines. I am happy to follow ADA Service Dog Guidelines. I am happy to accept a pet with an extra fee. (Though I no longer list my room as accepting pets, because I got tired of the pet represented as a service dog situation.)

If Airbnb could help and have a ‘certification of service dog’ included in the App. Just like a driver’s license, an authentic service dog has documentation that can be certified. 

Please, help me as a host, respect the law of my country and state by providing a place in the app for guests to certify their legitimate service animals. And, I will happily accept the service animal without an added fee. 

(heck, you could even add a place where hosts review the animal.)

 

[Sarah977]

@Diane1188  What  proper coverages would those be? Insurance policies have deductibles. If someone's dog does several hundred dollars worth of damage, that is going to likely be less than the deductible. So who pays for that damage?

And why do you seem to be under the impression that hosts have anything against well-trained true support and service animals? What hosts don't want is to be forced to accept animals that the owner claims is a trained support animal when all it is is someone's ill-trained pet. 

BTW, private homes are not public accommodations. As a host, I am not dealing with the "public". I am dealing with individuals who request to stay in my home. I am not a hotel where annyone can walk in the open front door and rent a room.

[Diane1188]

Actually under Airbnb they are public which is why you have to follow ADA, non-discrimination, and other federal laws. This is also why so many jurisdictions are now forcing us to get licenses. So that guests are having to deal with arbitrary rules that vary from host to host. The insurance is business liability coverage. Many policies cover property and personal injury caused my animals. The updated AirCover policy covers quite a lot as well.

[Laura2714]

Insurance: 

Dogs can cause a lot of damage, including, death. A dog that doesn’t have rabies shots can give a person rabies, which is 100% fatal. 

There was a story in the news about a beautiful women who had to have a face transplant after a dog attack. 
The kind of dog attack happens and it is traumatic and causing a life long disability. 

My listing is in an apartment building where children run around the yard.  If one of the children where attacked. I would be concerned with insurance. I’d grieve about my neighbors child’s suffering. 

I think dismissing that risk of profound human suffering with, ‘oh well, insurance will cover it.’ Is callousness. 

An untrained dog can be dangerous. 

[Sarah977]

@Diane1188  ADA laws are applicable in the US, they do not apply worldwide, so no, all hosts do not have to follow them. 

[Diane1188]

Since Airbnb is a US company, it has to conform to US law.

[Sarah977]

@Diane1188  But ADA laws do not dictate that people must accept emotional support animals in private homes. 

[Diane1188]

Once you become an Airbnb host, you are a business. As long as you accept payment, you have to comply with all the US federal laws under which you are operating. For Airbnb, that includes ADA.

[Mark116]

@Diane1188   There are a lot of exemptions to the ADA for owner occupied houses, and for 2-4 family houses. 

If not, then everyone would have to have wheelchair ramps, wheel chair accessible bathrooms, etc.  If the day comes when those things are required, I would have to cease hosting as that level of reconstruction would not be feasible.  

As far as I know the ADA also doesn't cover 'emotional support animals'.

[Diane1188]

Yes. You are correct. There are indeed many exceptions.

[Tracey76]

@Diane1188 You sound well informed of pet/animal policies. Just a query and Super sorry to hear of Host and the Service Animal experience - they are usually very well trained and sounds like a not so responsible situation from the guest. I am querying ESA (Emotional Support Animals)

The ADA does not recognize ESA (Emotional Support Animals) with the same rules as Service Animals.

I respect Service Animals are not the same. Noone is allowed to ask for documentation for a Service Animal, which is clearly written in Airbnb policy.

However, under the Fair Housing Act, Hosts are, and should be allowed to ask potential Guests/tenants who state they have an ESA- as per Act "Tenants with ESA letters have certain rights under the Fair Housing Act can verify and allow an ESA into property".

Recently I had an experience which never got far enough to see or be offered any paperwork, for my No Pet property. He simply claimed he had an ESA, when I said due to allergies I could not have the pet, remember it is a pet until verified an ESA, the potential Guest stated he would leave the dog with parents, until he moved to his permanent residence in a few weeks. He was a nice fellow and we worked through his pet situation. Instead I was informed per Airbnb that an ESA is considered the same as a Service Animal with Airbnb and that I discriminated against this Guest. Airbnb stated no Host is allowed to ask any Guest for ESA documentation. 

I have not found, nor could find prior to this any language in Airbnb policy applied directly to an ESA? I have been accused of discrimination and I am mortified. I have had years of 5 star history, a Super Host, and I always work with guests and to be accused of discrimination makes me heartbroken.

Airbnb indicated I should have known they lump ESA in with Service animlas, through mental telepathy possibly? Airbnb expects all Hosts to accept any guest who states they have an ESA, and are absolutely not allowed to ask for documentation. Even though the Act itself does allow for Hosts to be able to ask for documentation if you do you could be penalized as I have been.  Sounds like a messy can of worms and open season on Hosts if Airbnb does nothing to help Hosts and cleanup or resolve in policy the clear difference between a Service Animal and an ESA. Now an Airbnb traveler just has to claim an ESA and you are in the door! I don't think it will take long for savvy travelers to catch on that this loophole could save them on pet boarding fees and allow them to take their pet on the road incognito as an ESA.

Can anyone help me find the policy that specifically lists ESA, not Service animal. It appears the Airbnb rep can't, even though they say it is their policy, I keep getting a copy and paste of Service Animal rules? No ESA, only Service Animal, of which by law are not recognized as the same.

[Laura2714]

I’d add, FREE forced to accept any animal for FREE. Because as long as the person says, “emotional support,” it a FREE !

[Anonymous]

@Diane1188   Insurance is important to have, but it's not some magic shield that means you don't have to mitigate your risks.

What mental health diagnosis dictates that the patient's well-being requires them to force untrained animals into other people's homes that aren't appropriate for them? Pathological narcissism?

[Diane1188 · Accepted solution]

I can’t speak for Germany but in the US that’s exactly what insurance, protection from liability. Also, there is no blanket training for emotional support animals.

[Laura2714]

Airbnb is an international service. Americans way of treating and feeling about dogs, is VERY American. 

Are we imposing our American attitudes and dog culture on others ?

*******

Dogs are pretty healthy in America. As far, as most dogs have been vaccinated against rabies, ect, ect. In fact, that’s why dogs get a license from there local city or county. It’s to prove they have been vaccinated against rabies and other diseases. (Rabies is 100% Fatal) 

I CAN NOT ask that a dog be licensed to stay at my house. If I have other dogs, that dog could give my dog a terminal disease.  

And, our system of immunization and wellness treatments of dogs are not international. Our concern for pets is strange to other cultures. 

I don’t think we should dismiss respectful treatment of other cultures points of view, as a ‘nonissue.’

I take joy in respectful treatment of all cultures and a diversity of ideas, even about pets. 

[Laura2714]

BETTER SOLUTION:

* Have a member account for animals. (Or pets if you prefer that word, the word you prefer is culture based)

Just like a person has an account where they list their profile and documents. Just like where a person is rated on behavior.The animals account can be linked to the owner. 

This would serve several purposes that would create safety for the host and their pets. But, also create accountability for the pets. 

Profile: The pets would have a profile. Where the owner could discuss the pets likes and dislikes. This would give the host a heads up about the animal, such as, “Spot likes balls” or “Spot isn’t allowed treats, only food from his bowl. He’s on diet.” 

Documents: The Pet would also have a document file like a human. The owner could post the dogs licenses, immunizations records, certificates of behavior training, or certification of authentic service dog training.

If dogs are ‘part of the family’ and ‘my best friend,’ then let’s treat them like other members of the Airbnb Community. 

Pet owners are going to be excited to have a place to Brag and share about their dog. They will say, “Spot had a 5 star behavior rating on Airbnb.” Pet owners are (almost) always excited to tell you more about their pet. Responsible pet owners will have no problems posting their dog license.

If a dog, causes issues, the host can (just like humans) alert the community to issues on the dogs profile.

This keeps everyone safe. I’d rather take proactive steps to keep everyone safe, then, dismiss concerns with - “hey, we got insurance and lawyers for that ..”

Rather then dismissing these real issues,  and waiting for a tragic story to hit the media.

Why not be proactive ?

Give hosts more good information about the animal so that they can have the special gluten-free snacks the dog loves when the guest arrives. Or not pet or interact with the animal because it’s a service animal, ‘at work.’

Let the dogs rate the hosts, too. Was the host  dog-friendly? 
Was the house, yard or listing dog friendly?

Where the other dogs in the house, welcoming to the guest dog ?

The dog (via owner) could rate the house dog-friendliness in the dog profile. A pet owner needs to know, if a host acts, inappropriately toward another guest dog. 

Hosts that have pets. I’ve stayed at Airbnbs where the owner had a pet. Those hosts could also create one of these “pet profiles,” for there pet which includes documents & a little bit about the pets likes and dislikes. Guests could rate the owners pet, did the cat hiss at them every time they walked by the couch? Did the Hosts dog, jump up on the table while they where eating? Did the puppies in the bath, totally make their journey magical ? 

These are things, our guest, need to know, when booking a listing with a pet in the house.

I’ve posted a lot this issue and was disappointed at the solution. As it lacked, compassion, acknowledging a reasonable safety concern, concerns about compensation for housing pets and respect for diversity. In fact, it acknowledged none of the community concerns with a solution. It dismissed the Airbnb concerns with, “we got lawyers and insurance to cover that ..”

My solution of creating pet profiles, addresses the majority of the concerns brought by the community and gives hosts information about good pets to help them be better hosts to the pet. Gives the guest information about how well the host interacts with a pet. 

My solution honors the ‘Spirit’ of the Airbnb community. 

Please, consider giving this issue the time and respect it deserves.

Until that happens, my profile will read, “I’m allergic to pets.”