Service animals

[Kenneth-And-Lilia0]

Hi all,

We are Superhosts and just had an interesting situation and I wanted to see if anyone else has dealt with it.  We had a guest Instant book overnight for a week in July.  He mentioned in his introductory email that they had a service dog.  I called ABB and told them I needed to cancel because animals are not allowed on the premises.  That is not my rule, that is the homeowners association and condo complex rule.  While ABB did cancel the rerservation, they tried to tell me that service dogs are not considered pets nor animals under their discrimination policy.  Thats fine but they don't make ALL the rules.  The complex specifically says "no animals" and it is a $200/day fine if the animal is seen and we have onsidte security that walks the grounds.  I dont want to sound like I am discriminating at all, its just I have to follow the rules and I'd expect ABB would understand that.

[Andy184]

@Susan151and @Suzanne302 are both correct.  HOAs, Condo Associations, Insurances, even state and local laws (think Miami-Dade and their pit bull ban) are trumped by federal law.  The service animal of your tenant/guest has to be allowed by them (just as it's forced on you, it's likewise forced on them too).  Even in spite of a no pets policy, a size limit, a breed limit, all of it is trumped by federal law (which is why AirBNB made it's policy the way it did).  Especially for actual service dogs (ESAs would still be forced on the HOAs, and such, as your guests and thus extentions of you, but couldn't be forced on you until they stayed for 30 days otherwise, except in a few states). 

By canceling them, you technically have discriminated against them (even if you didn't realize it, and thus have actually opened yourself not only to being dropped by AirBNB, but an actual lawsuit as well).  Hopefully they won't take it that far (you have to understand that civil rights laws don't take intent into account, only if the actual discrimination happened, and in this case it did).  AirBNB makes those policies because, frankly, the average host can't be trusted to be bothered to research the laws and know them all.  Everyone is constantly complaining about they make this policy or that policy, but it's actually to protect you (and by extention, themselves).

Assuming you're allowed to remain a host, please heed the policy in the future, it's there for a reason.

[Jim-and-Clara0]

Our government and Airbnb needs to wake up to the whole issue of service and support animals.  How is it legal for people with service animals to not be required to notify the property owner?  Or show proof of the service animal?  What if the next person is allergic?  How is that fair to them?  I understand the benefit of service animals and support it.  But there has to be balance.  You create one privileged class and discriminate against another.  Sadly for owners and the rest of the world, Airbnb is just following the law.

Support animals?  There is no such thing, law or certification.  Yet because people don't have to show proof of the service animal, people are abusing the system and taking advantage of everyone else.  We bare the cost when the next guest that is allergic arrives and immediately leaves.  I can't blame them.  They get their money back and we're left holding the bag.  Write your congressional leaders. 

[Helen3]

It's hardly being part of a 'priviledged class' to be so disabled that you need an assistance animal to cope with daily life. 

In the UK there is indeed both legilsation and licensing for all serviced animals.

As a host you can put things in place to help with vetting of such guests such as asking what tasks the animal helps with and confirming that the service animals must be with its owners at all times and can't be left in the home by itself. This will help you weed out the awful people who don't have disabilities who take advantage of the fact that this system exists.

[Francesca-and-Dave0]

Just looking for clarification here:

1.) Do Hosts have the right (and support from ABB) to require proof in advance that the dog in question is indeed a legitimate and trained service animal and that it is up to date on its vaccines? There are some terrible abuses of “fake” service animals and “support” animals that are untrained and unsuitable for the job being foisted onto airlines, grocery markets and restaurants. It behooves everyone, especially those who have legitimate needs and legitimately trained animals, to set some standards. 

2.) If the request is from a potential guest with a service animal to book a room in the private home occupied by the host and their family, the host has the right to refuse the service animal if family members have asthma or allergies, right? It would make a terrible situation for everyone if a guest and ABB tried to push a host to take a service animal knowing it could hurt a family member already living in the home when there are usually pet friendly options available.

Thanks.

[Alexandra316]

@Francesca-and-Dave0 No, they don't. There is no registry of service animals, so there is no paperwork that a service animal owner can provide. The only people who tend to have paperwork are the people who go online and have their pets registered as emotional support animals, which is bogus, because again, there is no registry for these animals.

When it comes to service animals, all you're allowed to ask is: is the dog a service animal required because of a disability, and what work or task has the dog been trained to perform. That's it. Unfortunately, that doesn't help with Airbnb, because they don't make any distinction between service animals and emotional support animals: you are required to accept both. The only exception would be if a space is shared and you or a family member have an allergy.

[Zappa0]

Might I suggest something? I have people try and pull the "service animal card" on my sailboats that you have to kayak to. I can't even begin to tell you how many things can go wrong with this, especially without electricity onboard (solar lights only) to vaccume. There's no air con and the boat needs to stay closed in the hot weather (we are an island in florida) so dogs have to come with them everywhere (if it is a service animal it should anyway, but that is another story). I politely tell guests the gazillion reasons why I am not pet friendly, including the fact that your pet can fall in the ocean. There's no where for pets to go to the bathroom etc.. I let them know that their are reasons behind the no pet rule. I do not deny their service animal request but politely tell them what goes into it. Usually the guest then decides to leave their service (not service) animal at home or stay elsewhere.  If they stil want to proceed though, have to go with the law... 

But I also don't use instant book - nor will I ever. 

[Marisa297]

Same thing just happened to me. My HOA does not allow STR animals. It is a $500 fine. Guest shows up with a dog. The HOA president calls me to inform me there is a dog on my property and what looks like 9 people in my home (maximum occupancy and reservation was for 6). I messaged guest and she informed me it was a service dog. I asked how many people stayed in my home and she never answered. Instead- she sends me Airbnb’s policy that 1) she does not have to disclose that she is bringing a service animal and 2) I cannot request documentation regarding the service Animal. ( according to Colorado ADA laws I can if I am not present). Guest called Airbnb and she left me a message indicating “ she spoke to Airbnb ... further discussion needs to occur with them.” Day after checkout, I get an email from Maya at AirBnB indicating “ we need to be inclusive of all guests ....” Airbnb knew that 1) this guest did not disclose this pet ( apparently it is not required even in homes with NO Pet policies ) 2) this guest was 3 over my maximum occupancy and lastly and more importantly they knew 1) the dog was not with one person - people would come and go and I have video showing this dog never remained with one handler to service 2) the dog ever had a vest or leash 3) this dog was left alone in my home on multiple occasions- in one case over 3 hours. How can this dog provide a required medical service when the 3 people handling him got dressed up to go party and came back over 3 hours later. So many people are taking advantage of laws meant to protect people who need equal access to housing- Airbnb needs to figure out a way to protect homeowners from people who abuse them. I spend $500 on a deep clean after their stay for my next guest who thought they were booking a NO PET home and my mother who is visiting after who has severe pet dander allergies. I would pay that ALL DAY to allow equal access to all guests... but not a guest that has no regard for rules, occupancy limits and leaves a “medically necessary “ service dog alone in my NO PETs allowed home to go out and get drunk all night.

[Henry239]

According to the ADA, an owner-occupied home with less than 5 rental units available is exempt from the Service Animal law. Period. If that's you then it's perfectly legal for you to decline to accept any service animals (which, by definition, is only a dog that provides a specific task for the owner--like a seeing-eye dog, and that does not include "emotional support" animals).

AirBNB, on the other hand, appears to be imposing "laws" on Hosts that do not originate with the Federal Government. Or have I misread their official policies regarding service animals?

[Helen3]

Have you asked the complex about acceptance of service animals @Kenneth-And-Lilia0 

Not sure about the US but in most place you can't discriminate against them and they are not seen as pets.

[Jennifer986]

I had a recent similar situation.  A guest booked for 3 people.  I asked for details (daughter, couple).   The a week later they disclosed they were bringing a service animal for the daughter.   My listing is explicit - no animals allowed, not suitable for disabled or injured.   Not only that but the guest was purposefully evasive.  This is not in line with ABB mission and policy. 

I am told it is in the ABB non disc policy we all sign, but it is not highlighted the interpretation that ABB is putting on it.   Guests are not required to indicate they have a service animal, not required to have that animal certified, you cannot ask for additional cleaning fee, and you cannot deny them.    This is all absurb and not the intent of the law.   Non-personal homes have special requriements, but our private homes do not.  ABB's interpretation, like their policy to not share guests photos in advance of confirmed bookings but still display host photos, it weighted towards guests and in this case not only encourages but support fraud.  

I see horror stories all over the web communities from hosts.   While I appreciate the needs of those with service animal needs, and the disabled, there are many properties who are animal friendly and have disabled access.   ABB needs to grow up (get mature) about the policies it is making, and also to be PROACTIVELY TRANSPARENT with hosts.   I don't think any host would ever imagine that the nondiscrim. policy of ABB would include the rules above.    We are all needing to write explicitly in the text portions are special rules because the listing configuration lacks clarity (like if you indicate no animals/pets it shows up on the guest side as "unsuitable" for pets).  It is not unsuitabe, the rule is NO.  I have it set to NO.

Seems like another situation where the the success of a big company opens the opportunity for another player to enter that is truly netural, transparent, and when they see issues they deal with them.   I don't see any evidence that airbnb is doing anything to improve this issue or stop potential abuse.

Fortunately despite ABB lack of action and poor policy judgement, MOST hosts and guest are as the company first inspired, transparent.    ABB how about the requriement for service dog guests to be transparent and to be encouraged to choose listings that can accomodate animals.  Just like a family of six cannot book my place (its 3 max), they cannot book for 3 and bring 6.   So those with service animals should select an property that can take animals, and be transparent upfront.

In the recent incident I became aware through customer support and the web this is a BIG issue and ABB appears to be doing nothing about it. Infact that make you feel like you are the only one experiencing this.  In this case as an older person with health conditions, the ABUSE i received by the guest (documented on line) was such that it caused huge stress for me and I had to cancel a vacation.