US laws regarding anti child discrimination

[Mary-Ellen0]

Are the 'no children' choice options on instant book legal here in the US.  The feds have very strident rules on this concerning access to children in the rental industry.  I am concerned we can be held liable for this option on instant book.  Anyone know?

[Clare0]

@Mary-Ellen0 Well, just my personal, non-legal, opinion here, Federal and State laws generally prohibit discrimination in public accommodations.  My listing is my private property so I'm confident these laws don't apply.   If the Americans with Disabilities Act also applied to private property available to rent on Airbnb, then about 80% of the listings in the US would have to be taken down. 

For that reason, I'm not worried about having a no-children policy in my listing. 🙂

[Mary-Ellen0]

Thanks Claire,

Those laws DO apply to private rental property.....can't discriminate against parents with children in the rental biz.....wondering if that applies to us.  Would hate to get caught up in that, and hoping that Airbnb has done the research....

[Clare0]

@Mary-Ellen0 Here's what Airbnb has to say regarding FHA, ADA and service dogs: 

https://www.airbnb.com/help/article/898/ada-and-fha-compliance

[Mary-Ellen0]

Thanks for the link Claire  It seems it IS illegal to refuse/advertise no children.  So I won't be using those options available on instant book.....

[Ed-and-Hugh0]

It's not a problem for many hosts, as it does not apply to those of us who live at the property.

"There is also a bed-and-breakfast or rooming house exemption for properties "containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence" which might apply to some hosts' listings."

[David126]

ADA also has get out options, number of rooms I seem to remeber was one.

[David126]

You will find plenty of Hotels/BandB's etc who do not cater for children. I can think of some places that do not cater for adults. 

[Bryson0]

There was a relatively recent court case in California on this type of issue dealing with a transgender man, who had changed to the male side and walked into a men's barbershop to get a haircut, and he was refused because the barber decided he was a woman.  Now the man had a male sounding name and was asking for a men's haircut.  They went to court and the barber lost on the premise that if you offer your services to the public, you have to be non-discriminatory to anyone who wants those services.  The only exception would be if it was a private club, which the barber tried to argue, but in order to be a private club it has to not take on any other clients outside the club.

Now we get to Airbnb's policy:

• Airbnb hosts may not:
  • Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status, where prohibited by law.
• Airbnb hosts may:
  • Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for guests of a certain age or families with children or infants.
  • Note in their listing applicable community restrictions (e.g. senior housing) that prohibit guests under a particular age or families with children or infants.

So long story short.  If you or anyone else offers their lodging for rent (regardless of whether it is your own a private or a more public residence), you must, according to US and EU law, allow lodging of children and infants as well!  To not do so would be discrimination!  The only way you would not have to do this would be if your lodging was part of a community that only offered lodging to members of the community, but if that's how you do business, I sincerely doubt you would be on Airbnb.

[Zach38]

Thank you for clairification based on the companies terms and conditons. I do Pro Bono work for FHA/ADA violations in the State of Hawaii. It is appaling to find so many people whom think that the law does not apply to them.

[David126]

@Zach38

Pro Bono? There is a lot of money to be made, quite a few lawyers specialise in this and do very well.

[Paul154]

Pragmatically,  in a home share (versus renting a whole apartment) you have more flexibility.

Hopefully, the government (or even Airbnb) is not going to make you share your home with a crying infant. It just doesn't make sense. Your home space is an intimate space. You can discriminate against sex also.  

However, if your space is a 100% private space, you do need to follow Federal guidelines.

You may not discriminate based on family status. If one parent wants to bring his child and you allow two guests, you must accept him.  

The only legal way to prevent minors is to limit your offering to one guest only, only adults may make a reservation.

[Paige73]

How 'bout kids can stay, but the host handles discipline. 

[Samantha775]

sounds like a good way to get knocked out by a parent. 

[Vance10]

Sounds like everyone is trying to find a way to discriminate against kids. Pretty awful people you are.