“Service Dog” has been left, unattended in a no pets home

[Austin150]

Hi Everyone,

My guest is staying in our private room that we rent out in our home. Because we already have two territorial dogs on our property, we have a no pets policy, but we obviously make exceptions for service animals.

My guest arrived, and it was immediately clear that she only is calling it a service animal to use the loophole that hosts must abide by. This dog is clearly not a service not and does not behave like one.

In the agreement, that we discussed ahead of time, we let her know as long as the dog is with her at all times and not left unattended she would be permitted to have this "service dog" stay with her.

Today, we discover that she has left the dog unattended, not crated, alone in the room for hours and hours on end while she attends a wedding somewhere. I have attempted to contact her numerous times explaining that she is in breach of our contract and house rules. I have reached out to AirBnB and there is an open case, but no resource assigned at this moment.

My question here is what do I do now??

There has been no response from the guest and the poor puppy (the dog is an untrained puppy) is crying at the door. Do we have the right to terminate this guests contract and go in and let this dog out to at least relieve itself and to ensure it isn't doing damage?

Can we kick these guests out for lying and violating the house rules and AirBnB rules regarding always keeping your service animals with you?

What are our next possible steps.

Thank you in advanced.

[Ian-And-Anne-Marie0]

@Diane752 

I will add insulting to your list of deceitful postings and your contradictions between "what you stated" your first post was about and what you now just stated.

Entrapment is a perfect description of your actions and it is not exclusive to law enforcement agencies.

When you boasted about your service animals ID, I checked it out. Not that you provided any link or site as you say, so I'm not sure that you actually know what you're saying now as your story keeps on changing.

When I find I'm wrong, I will indeed be angry. Currently, the conversation is enlightening.

[David6]

@Diane752 

im not sure if you are genuine or a ‘plant’ sent by Airbnb to see how accepting hosts are? 

But what i do you know  -  if you were actually making a genuine booking enquiry to @Sarah977 

she would do everything to try to accommodate you. 

Did you notice in all her early responses to this thread, her only concern was with the welfare   of the puppy & ensuring it was not trapped in a locked room?  

@Sarah97 is one of the most supportive hosts out there and assists so many of her fellow hosts. She is supportive, but to the point. She told me straight the other day, when I misconstrued a post from a fellow host. 

I have no clue what it must be like to face the challenges you face. I hop on a pane, book any Airbnb I want. You can’t - so easily - as *you* or the REAL less able bodied can’t - and it must be exceptionally challenging.

BUT, just my personal observation. I do feel you could have really forwarded your cause - educated us hosts - who may not be 100% aware of our legal obligation. It could have been a positive interaction. A learning experience... but it’s been turned by you  into something threatening  and sinister? 

[Diane752]

Hi David, thanks for joining and questioning me as well.   Being disabled is exceptionally challenging, broken back, 2 metal plates and 6 screws from service.  My first message was asking for hosts to give me feedback as I couldn't book a room, it was kind and respectful.

Sarah was very clear she refused to accept a service animal, and continued to argue about the law.  That isn't in how Airbnb works, that was the point of the email below.  It was kind, I was looking for help.  I was told to GO BOOK WITH A PET FRIENDLY host by everyone who responded.  That is NOT the response Airbnb expects.  

I haven't been threatening or sinister in anyway, I am stating the law and figuring out for Airbnb who won't follow it and who is going to refuse renters like me.  

Original message:
"This sure makes it tough for those of us who are disabled, who have actual service animals with ID!    

I just tried to rent and was discriminated against by 2 different owners.  One response was "we don't allow pets, we don't discriminate but we will only allow you to stay if you agree to additional cleaning fees at her discretion"  Wow sure felt welcome after disclosing my service animal (all 10lbs) and her Federal ID. 

Another owner responded by saying "I assume you have a crate for the dog and that it will be crated at all times to ensure the safety of my property, I don't want the dog on any furniture"  Service animals can't be effective from a crate, the point is they are with their owner.  

I'm still looking for a space because those were the first two bookings I requested?  It's frustrating for me when other misbehave or are dishonest about their animals.  But please don't assume that everyone is dishonest about having service animals, most of us are legit and I always share my ID for the animal. 

It would be nice to receive a positive response and be able to book with my service animal.  

*******
All true, all accurate and all being tracked.  It's interesting that even with all the facts given to these hosts, they continued to fight against allowed a disabled person in their space.  Very simple, facts are not disputable.  

[Sarah977]

@Diane752  I guess you failed to read, or chose to ignore my response which now appears on page 3 of this thread:

"... that doesn't mean that I wouldn't accept a person with disabilities with a service dog, if, like you, they had valid proof that the animal was indeed a service dog, as you have read for yourself here how unscrupulous dog owners abuse that designation and simply claim their dog is a service dog. 

But I would also want the person wanting to book to communicate with me, rather than just try to push laws and accusations of discrimination at me. One of the reasons for that is that a guest would have no way of understanding the hazards present at my place to a person with certain disabilities, as well as hazards to the dog.

The entrance to my guest room is up a flight of metal slatted stairs. This would not only be very unsafe, if not impossible, for a person with vision or mobility issues, dogs are loathe to go up those stairs. My own dog got her paw stuck between the slats as a puppy and didn't attempt them for another 3 years and still has a hard time negotiating them, occasionally slipping, and the only thing that prevents her from falling down them was that I have ahold of her collar.

If a disabled person with a service dog told me their disability didn't include vision or mobility issues, so the stairs wouldn't be a problem for them (I don't need to know the exact nature of their disability) and that their dog was small enough to carry up and down the stairs, then I would be okay with it. I just don't want anyone or their animal to get hurt.

But if they refused to dialogue with me, saying that by law they didn't have to, then I would decline, based on the laws around renting in one's private residence, and because I would be concerned about physical injuries, not because I discriminate against those with disabilities."

[#6]

"... that doesn't mean that I wouldn't accept a person with disabilities with a service dog, if, like you, they had valid proof that the animal was indeed a service dog, as you have read for yourself here how unscrupulous dog owners abuse that designation and simply claim their dog is a service dog. 

But I would also want the person wanting to book to communicate with me, rather than just try to push laws and accusations of discrimination at me. One of the reasons for that is that a guest would have no way of understanding the hazards present at my place to a person with certain disabilities, as well as hazards to the dog.

The entrance to my guest room is up a flight of metal slatted stairs. This would not only be very unsafe, if not impossible, for a person with vision or mobility issues, dogs are loathe to go up those stairs. My own dog got her paw stuck between the slats as a puppy and didn't attempt them for another 3 years and still has a hard time negotiating them, occasionally slipping, and the only thing that prevents her from falling down them was that I have ahold of her collar.

If a disabled person with a service dog told me their disability didn't include vision or mobility issues, so the stairs wouldn't be a problem for them (I don't need to know the exact nature of their disability) and that their dog was small enough to carry up and down the stairs, then I would be okay with it. I just don't want anyone or their animal to get hurt.

But if they refused to dialogue with me, saying that by law they didn't have to, then I would decline, based on the laws around renting in one's private residence, and because I would be concerned about physical injuries, not because I discriminate against those with disabilities."

[Diane752]

I read your entire message, your arguments are not valid, they are your opinion.  

You believe this is all about your opinion and who you want in your space.  Once you take money for your space, you are held to your Employers directions and federal law.    Here is your employers policy.  Take it, leave it, love it, hate it...it doesn't make a difference.  

Diane5:36 PM

Thank you, let me look into the properties. Also can you clarify, isn't it Airbnb's policy to allow service animals?

Airbnb Support5:42 PM

Yes, that is correct, Diane, unless there is a threat to health or safety. At Airbnb, we acknowledge that assistance animals are not the same as pets and serve a crucial function for their owner. As stated in our Nondiscrimination Policy, hosts are expected to reasonably accommodate reservations where an assistance animal may be present.

We sincerely apologize for the inconvenience this has caused you. Rest assured that we will be checking and investigating this further.

Thank you so much for your understanding and patience.

[Sarah977]

@Diane752  But I wouldn't take money for my place from any guest who I had valid concerns about regarding the safety of either themselves or their animal. The Airbnb TOS specifically states that a host who shares common spaces with a guest in their own private home has the right to decline a guest due to safety concerns, but that they are encouraged to dialogue with the guest to determine if it could be accomodated safely for all concerned. Which is exactly what I said I would do.

 And could you please enlighten us as to where we might find an official definition of "housebroken" as meaning that a dog relieves itself inside the house on something called a "pee pad"?

[Ian-And-Anne-Marie0]

Assistance animals can work in hosts favour.

Where it has been said elsewhere that no claim can be made against assistance dog damage - it can be.

The T&C's clearly state damage can be claimed:

Can a host request additional compensation if the animal damages a listing beyond normal wear and tear?

Yes, in the same way as a host has the right to retain some or all of a guest’s security deposit to compensate for damage caused by the guest. Although it is reasonable for a host to expect that an assistance animal is well trained and will not cause any damage, the Host Guarantee and security depositare still at the host's disposal in the rare event that an accident should occur.

[Diane752]

Ian, thank you again. 

To clarify, you are now suggesting to other Airbnb hosts that service animals should be USED as an advantage in the Hosts favor, to be able to charge a disabled person more, under the assumption their animal will damage your property. 

Please keep on typing, while you don't live in the US, you do list on Airbnb...or you did.  Don't think they would be able to keep your listing without risk, but that is a decision for Airbnb.   

[Ian-And-Anne-Marie0]

---

@Diane752 wrote:

Ian, thank you again. 

To clarify, you are now suggesting to other Airbnb hosts that service animals should be USED as an advantage in the Hosts favor, to be able to charge a disabled person more, under the assumption their animal will damage your property. 

Please keep on typing, while you don't live in the US, you do list on Airbnb...or you did.  Don't think they would be able to keep your listing without risk, but that is a decision for Airbnb.   

---

@Diane752 

My pleasure.

Many hosts believe that damage caused by service dogs is a risk they need to accept because Airbnb's host guarantee excludes damage by dogs. Often this gets brought up as downside to accepting service dogs and was brought up very early in this thread. In the Airbnb policy you posted it categorically states that damage by service dogs is in fact covered. Where am I proposing to charge a disabled person more??!

Your allegations quoted bear no reference to what I posted and I care nothing for your unsubstantiated threats.

[Diane752]

And I care nothing for your opinion, it's irrelevant, your facts are wrong. 

I contacted your employer's customer service dept after reporting the discrimination.    It's people like you who believe your opinion is more important than your employer or federal  law.  Here is the response from your employer 15 minutes ago: 

Airbnb Support

5:42 PM

Yes, that is correct, Diane, unless there is a threat to health or safety. At Airbnb, we acknowledge that assistance animals are not the same as pets and serve a crucial function for their owner. As stated in our Nondiscrimination Policy, hosts are expected to reasonably accommodate reservations where an assistance animal may be present.

We sincerely apologize for the inconvenience this has caused you. Rest assured that we will be checking and investigating this further.

Thank you so much for your understanding and patience.

[Mark116]

@Stephanie @Lizzie 

I don't know if either of you are following  this thread, but I want to let you know that I feel that it has become a threatening and bullying situation, and I am extremely uncomfortable with turn it has taken, as well as the idea that airbnb is hiring people to come here to do 'market research' that results in threats.  Please feel free to PM me or to make a public response here if you are able.  

I have found this forum to be a valuable source of information and support on a variety of airbnb issues, and the free, respectful exchange of ideas is essential

[Diane752]

Thank you Mark, I hope that you chose to involve your Airbnb contacts. 

It does feel very threatening to me that I can't book a room, or discuss booking a room without receiving this type of discrimination.  It is unfortunate, but I'm glad you have included others as I think a solution from their staff on this post is highly appropriate. 

It's a topic that hosts do not understand, and is causing very negative and harsh reactions from hosts that don't feel appropriate.

[Mark116]

@Diane752   I'm curious, what task(s) or work has your service dog been trained to perform?  And did the two hosts who turned you down ask you this question or did you volunteer the information?

[Diane752]

Thanks for a great question Mark.  The the hosts did not ask either question, it was a flat out refusal to host.  I provided my ID and a photo of my 10lb dog when I tried to book.   When asked, I answer the questions as follows: 

Yes, she is a service animal. 
She has been trained to respond to PTSD flashbacks, night terrors and panic attacks.  

Since I travel alone, I don't have a partner who could respond in these situations, that is why she travels with me.  

Thank you for asking.

[Sally221]

Acting in a trollish manner & purposefully misconstruing what people are saying isn't going to add to the trust.

With a profile like yours  Diane, most experienced hosts would be leery of renting to you. Was that part of your plan?

Private home listings are not covered by ADA rules- I have dozens of stairs and can't possibly accommodate someone in a wheelchair, anyone with general mobility issues wouldn't be a good fit either-(I never understood why a spouse would book my place when her husband was recovering from knee surgery)  I have cats so those with allergies to felines should look elsewhere and I promised my kitties that i wouldn't host animals except for well behaved humans. There's a well documented racket of shady folk exploiting ADA regs- it's shameful. Fair access is important and folks who play this sort of game don't help the cause.  "Taking names" are you? This community center was the best thing about the air bnb platform- so many lovely and generous spirited people genuinely trying to help one another, so little snark,  I'm sorry to see this happening here ( and I'm another fan of Sayulita Sarah)