Assistance Animal

[Rachele34]

A guest with an upcoming reservation this weekend asked if they could bring their dog along.  We will allow pets; however, certain breeds are restricted by our homeowner's policy.  We declined to host the dog once we learned it was a German Shepherd - which happens to be on the restricted list.  In response, the guest now says the pet is an assistance animal and she has documentation to show this.  We certainly do not want to discriminate against anyone, but how can we handle this?  Our insurance policy clearly states no German Shepherds.  Airbnb's policy seems to state that we must host the guest and her dog, but it's a liability issue for us.  Who would be liable if the guest's dog bit a neighbor in this case?  Hopefully this wouldn't happen, but there are reasons for these types of restrictions. Any advice would be appreciated!

[Anastasia161]

I would check with your state laws regarding assistance animals as well as your home policy because there is a good chance certain breeds are restricted unless they are service or assistance animals. Hope that helps and good luck.

[Cormac0]

@Rachele34

If I was you, your insurance should take precedence, explain this to your Guest and if she's anyway reasonable she'll withdraw her booking. 

[Helen3]

I think it is extremely strange that the guest only disclosed it was an assistance animal AFTER you turned down their original request to have their pet travel with them.

I would call Airbnb and explain your insurance policy terms and ask for their advice.

If you decide to accept this request you are allowed to ask the guest which tasks the animal helps them with and confirm that as it is an assistance animal it must stay with the guest at all times, and is not allowed to stay at the listing by itself.

[Gordon0]

@Rachele34 Get on to Airbnb ASAP. Do not question the validity of said dog being an assistance animal yourself. This is tantamount to asking someone to 'prove' they are disabled etc. Tread carefully, and good luck. 

[Helen3]

@Gordon0

Airbnb actually says in its own guidance:-

Airbnb does not require documentation when travelling with an assistance animal. In the United States, guests are not required to provide documentation for a service animal and there is no legally recognised certification process for service animals.

Where a guest indicates that he/she has a service animal, a host may ask:

1. Whether the assistance animal is required because of a disability
2. What work or task the animal has been trained to perform

If you are travelling outside of the United States, please be aware that the requirements may differ. Airbnb recognises that some jurisdictions may require prohibitions on all animals, including assistance animals, and we do not require hosts to violate local laws or take actions that may subject them to legal liability.

[Gordon0]

I stand corrected. Perhaps it has something to do with 'service animals' cropping up more than hens' feet in the US. I can't imagine asking someone here what their guide/hearing dog can do. You'd risk a public flogging. 

[Helen3]

No it's because Airbnb also includes 'emotional support' animals under its policy and with service animals in many countries there is little vetting.

Many countries don't have the sort of regulations we have in the UK when it comes to the regulation of  service animals.

And absolutely if someone said they had an 'emotional support animal' I would absolutely ask these questions.

[Andy184]

Service dogs and "Assistance Animals" (basically an umbrella term from the FHA that includes both Service dogs and ESAs) are exempted from all breed bans (including insurance).  Basically put, just as you are forced to accept it, so are they.  IF the dog were to bite someone (while Service dogs are highly trained and this is unlikely, ESAs are not), the owner of the dog would have the final liablity for it anyway (so your insurance company would just pass the liability onto them anyway, but in the event that you were directly sued, the insurance company would have to cover it, as it was an "assistance animal"). 

Now, that being said, the "gotcha" that could come up (although this is pretty much just academic at this point, but in theory), is what if the insurance company can prove that it wasn't an "assistance animal" after all?  That's one of the dangers of doing AirBNB and having people you don't know stay at your property honestly, but in the end, it's academic because the ultimate liability would be on the animals owner anyway.