21 States Have New Laws Regarding Fake Support Animals - Airbnb Needs To Change Their Policy On ESAs

[Rebecca181]

Back in January I posted an 'idea' in the (temporarily?) defunct 'Host Voice' entitled: Anti-Discriminatory Policy on Protecting Emotional Support Animals Needs To Be Changed .  The post quickly garnered 10 pages of comments, and now it is up to 14. My primary concern was that hosts were being unfairly penalized for denying what were obviously fake (emotional) 'support' animals, also known as 'ESAs' (I'm a licensed therapist and one of my specialties is animal-assisted therapy and I also am able to 'certify' support animals - And have denied invalid requests to certify someone's pet more than once).

For example, one Super Host was penalized for questioning the legitimacy of an obviously fake 'support' (ESA) dog by losing their Super Host status for a year and they were fined $100.00. There are of course legitimate Emotional Support Animals but many are not. Yet, Airbnb's policy forces hosts to treat any so-called ESA as if it were an ADA-protected Service animal (which are usually highly trained dogs or a mini-horse). The fact is, often a family pet is registered via an online site that promotes the many benefits of making your animal a 'support' / service animal, including being able to stay in lodgings that have 'No Pet' policies (example here) - And the problems arising from this are making the news quite a bit lately (Delta and United are recent examples of companies that have changed their policies to cut down on abuses of ESA protections).

I felt it important to share this latest development in the United States: 21 States have passed laws designed to crack down on people who claim an animal is an ESA (when it is not). Excerpt: "Last month, Minnesota Gov. Mark Dayton, a Democrat, signed into law a bill making it illegal for people to misrepresent their pets as service animals, under which pet-loving perps are subject to a $100 fine and a misdemeanor charge. Arizona Gov. Doug Ducey, a Republican, signed a nearly identical bill, under which those "fraudulently misrepresent" service animal can be fined $250."

I am again proposing that Airbnb revise it's policy on Emotional Support Animals (i.e., stop defining them in the same manner as ADA-protected dogs and mini-horses) so that hosts are not penalized / punished for denying what are obviously fake 'support' animals. I also propose that Airbnb guests should be subjected to fines for attempting to force a host to accept an animal that is not actually a legitimate ESA (e.g., an animal that is supporting a vet with PTSD is an example of a legitimate 'Support' animal); also, the languaging of the policy needs to be changed to make it clear that ESA's are not protected by the same laws as ADA dogs or mini-horses. In fact, in the United States, private home-owners need not accept animals at all - and many hosts are sharing their private homes. Airbnb simply needs to handle ESA's in the same manner they handle Age Requirements - Hosts simply need to find out what the laws are governing their area (local / county / state / country) and follow those. 

[Rebecca181]

@David126 Here I am, still tilting at windmills...Ever optimistic that change will come! Thanks for commenting. Your insights are always interesting as you yourself have an ESA. 

[Branka-and-Silvia0]

@Rebecca181thank you for your fight 🙂

I just want to say that even most of us hosts love animals , hosting them is another thing. With back to back bookings hosting a dog brings few potential problems.

1. Dog's hair.

Some dogs leave A LOT of hair. Constantly. Everywhere. My laundry service do not accept anything with dogs hair on it bc they have to clean washing and drying machines and the laundry room floor afterwards.

2. Dog's and cat's pee

Some dogs pee and poo inside the house. Some will do it in unfamiliar places to mark a teritory. With back to back bookings I just have no time to wash and dry carpets, walls, mattrasses, not to mention bedding...

3. Scratches and damage

We hosted dogs for a while and always told the owner not to leave the dog alone in the apartment. It is unfamiliar place for them,  if left alone they may panic, turn off a water bowl or scratch the door or else... Every one of them left their dog alone in the apartment and went out for dinner and sightseeing....

Few of my friends own dogs who demolish their flats from time to time . Chew all the pillows, clothes, armchairs and beds, scratch the doors and walls... They do it when they are left alone and affraid of wind or noises like fireworks, thunderstorm or something. Each time the damage is very costly.

4. Barking

Some dogs bark if left alone at home. I know at least 2 of them. We have 2 STR apartments next to each other. We are in the building so we have other neighbours as well. Nobody likes to hear a dog bark for hours. And we all know that neighbours are not big fans of Airbnb anyway...

5. Alergies

We are not alergic to dogs or cats.... but my next guests may be. We just can't sanitize and desinfect the entire place absolutely perfect in just few hours. Often we barely have time to change beds and do the normal cleaning between guests.

So we don't host pets any more.... We didn't have many guests with dogs anyway and the risk is just to high. Maybe I would reconsider hosting dogs again but not for free, no chance.

[Rebecca181]

@Branka-and-Silvia0 Thank you for offering one of the best summaries I have read on the matter. Your post succinctly and effectively addresses animals in general being brought into our Airbnbs - Not just ESAs. 

I have four to five hours max to turn over my Cottage between guests. It is challenging, but do-able. It would not be do-able if a guest brought an animal into my pet-free guest Cottage. In fact, it could bring about a minor to major crisis, particularly for any guests checking in who might have chosen my Cottage because it is a pet-free / dander / hair free zone. 

I am always up to the challenge of doing something difficult, but possible. I am not willing to attempt to do the impossible. 'De-petting' my Cottage in four hours whilst cleaning three floors, two bathrooms with shower stalls, three bedrooms, a sunroom, hot tub, two refrigerators, etc, is NOT possible. 

[Cedric57]

Is it against the law to ask for immunization records? Ijs..

[Rebecca181]

@Cedric57 It depends what state you are in: "The Americans with Disabilities Act requires no special identification for assistive animals, but California requires all dogs accompanying their owner as assistance dogs to have a dog license and rabies vaccinations. California business owners may only ask you if your dog is a service animal and what special duties the dog performs."

[David126]

I am on site so I have 2 options, to allow dogs or not. The option I would like is to charge an extra fee.

I allow dogs and have yet to across one that could not be defined as an ABB Assistance Animal and never expect to.

ABB has many weird policies and the only reason that they do not cause major issues is that most Guests and seemingly most Hosts are unaware of them. I would expect that to change as time passes.

[Pete28]

What I don't understand is why guests don't book with someone who explicitly allows dogs - similar to the way I book with one that accepts kids.

Is it that hard to find dog friendly that you need to do subterfuge. Or maybe they don't want to pay the dog fee ?

[David126]

Under ABB rules most dogs are Assistance Animals. You can not charge a pet fee for Assistance Animals and therefore a Dog Fee is pretty much a waste of space. Unless of course a Guest is unaware of ABB policy.

[Letti0]

@Pete28  I have a friend who's SIL abuses this on flights and vacation rentals all the time. My friend says SIL won't stay in a place other animals have been because she feels they are dirtier and not kept up as well as the places that do not accept pets, so she lies about her dog being an emotional support dog and only books with AirBnB because of their policy.

This is most upsetting to me as a NO PETS Allowed owner, but since we can't ask for proof of the animals emotional support paperwork and she knows it she gets away with it.

[Pete28]

The only out I have found - having been around this with Airbnb after one particularly pushy dog owner wouldn't take no for an answer is :

- you share the space and have dog allergies etc

- you use the space the majority of the time and have allergies

[City-Limits-Ranch0]

AirBnb should change its policy to be in line with state and Federal law.  Service dogs allowed in public places  but a private homeowner can exclude the dog.  ESA  have no rights other than public housing and airlines (and the airlines are changing their rules due to abuse of their liberal policies.)  We allow dogs  in our Airbnb but don't tell me your pet is a service dog or ESA.  I don't appreciate that.

[Rebecca160]

@Pete28I am in full agreement that if you have allergies, you should be able to deny a guest from staying at your home with an assistance animal. But since Airbnb requires hosts to host guests with Service and ESAs, then we must follow the ADA laws, which explicitly states that there is no exception for dog or animal allergies.

This is where it gets tricky. Exactly how much a part of AirbnB are we? Airbnb has to pay Lodging taxes in many places, as it is considered as a hotel, with many proprieters, or some such thing. And that would intrepret under the law as a public serving business, thus conformance with the ADA.  But many of us are sharing our personal home, where we can deny entry to anyone bringing in allergy inducing animals or items.

I am pretty allergic to certain incenses, so I deny guests the burning of incense in my home. If I were allergic to dogs or mini-horses, I should also be able to deny guests bringing in these animals, service related or not, as it is a SHARED living situation.

Fortunately, I am not allergic to animals, and welcome them in my home. BUt I feel for those of you who have allergies who may be forced to host a guset with a service animal.

I think the policy by Airbnb needs to be revised on this. We are not a hotel, even if Airbnb operates as one.

@Rebecca181appreciate your research!

[Pete28]

Above is based on lengthy back and forth with Airbnb support. If it is shared and you have allergies then contact support.  

I still don't really understand why guests would not book with a host who welcomes animals (just as I book with one that accepts children). 

[Patty299]

In our case our space is very unique and it's that unique experience they want and just booking a different pet-friendly space is not an option because our space is the only one like it in town.  It's just selfishness plain and simple.  They don't care what harm an untrained ESA may do to us or our pets, and the thing is...we all know AirBnB isn't going to pay to replace things that an untrained ESA destroys while being left alone at my house.  AirBnB isn't going to pay to replace my own dogs if something should happen to one of them at the hands of an untrained ESA....not that money could replace them.  The bottom line is that Air seems to have lost sight of the fact that we hosts OWN the space and we hosts all have unique needs/desires/dreams/hopes/etc.  We need the autonomy over our OWN homes and I'm sorry but if I'm not comfortable hosting someone's "emotional support" pitbull then I shouldn't be forced to.  I have NO problem AT ALL accomodating a properly trained service dog that is never left in the space unattended.  I will even spend the extra time and care to remove all the fur that often comes along with these type of dogs.  Gladly...because I respect the law and the intention behind the law and it makes me happy that disabled people are able to improve their quality of life thanks to service animals.  I love animals.  I love my own dogs.  They are a great source of emotional support for me!  My therapist would probably even agree and be happy to sign to make my dogs "official."  But I haven't even asked.  You know why?  Because when I travel I stay at places where my dogs are welcome and I'm not sneaky and selfish about it.  If my dogs aren't welcome than neither am I and I just find someplace else to stay....with no hard feelings to the owners where they aren't welcome because we all are our own persons and have our own reasons and it's none of my business.

[Lawrene0]

Every once in awhile I consider a dogs-are-people-too policy that would require booking every dog as a guest. My extra guest fee is $10 CDN after 2 guests, so not extreme. That does not address the fake service animal problem, though, or does it? When someone books an Airbnb with a medical support human, say a nurse, does the nurse stay for free? Does anyone have experience with that? That said, I'm not sure I could get away with such a policy, but thoughts of it keep me entertained while I scrub snout prints from the windows.