Why I Take Issue With Airbnb's Policies Around 'Emotional Support' Animals...

Rebecca181
Level 10
Florence, OR

Why I Take Issue With Airbnb's Policies Around 'Emotional Support' Animals...

I have an issue with Airbnb's policy declaring that an emotional support animal is to be treated the same as an ADA-protected animal, because as a licensed psychotherapist, I am aware that many people are able to easily convince a licensed mental health professional that they 'need' their pet to be documented / authorized as an 'emotional support animal' but the true intent is that they wish to travel anywhere with the animal and not be challenged on it. I know this first hand, as I am a licensed therapist. I have refused more than once such requests (even from a few friends and acquaintances who were not clients!) because they were not justified and it would be unethical for me to agree to such a request - but some therapists are not so diligent. Also, it is my understanding that the ADA does not recognize or protect under the law 'emotional support animals' . Here are the two 'policies' (Airbnb policy and ADA federal law):

 

Airbnb's Policies: "Emotional Support Animal: Airbnb defines assistance animals to include Emotional Support Animals. These are animals that are used as part of medical treatment and/or therapy to assist with an individual’s daily functional tasks, but are not limited to a specific type of animal and are not required to be trained to assist an individual in a particular task. These animals are sometimes referred to as comfort animals or therapy animals."

 

And this is from the ADA: 

"If you're an individual with an emotional or psychological disability- emotional support animals can be an excellent companion. While emotional support animalsare used as part of some medical treatment plans, they are not considered service animals under the Americans with Disabilities Act (ADA).Nov 11, 2016"
 
 I therefore am concerned that Airbnb has it's own policy around this and has included emotional support animals in it's anti-discrimatory categories, even though the ADA does not. It would seem to put the host in an unfair position. I have seen some cavalier responses on other forums to hosts asking about this issue, such as, "So if the animal destroys something just take photos and collect money for it from the guest and kick them out", etc. Well, if you are booked pretty much full-time year-round like we are, with same day turnover, finding that a guest's supposed "support" animal has destroyed something in your rental a few hours before the next guest checks in, or having a guest checking in who understood your property to be a pet-free zone and they chose it in part for this reason due to allergies, etc, can put undue hardship on both the host and the guest that follows the support animal's 'visit'. I'd be curious to hear people's thoughts on this. It irks me, frankly, that Airbnb is seemingly not aligning it's policies with ADA definitions and laws. Your thoughts? By the way, please do not assume I do not enjoy animals. I in fact originally had my Cottage listed as pet-friendly, but my two large dogs and the guest dogs engaged in barking and territorial behavior despite a wall separating them and despite all dogs being relatively well behaved. The guest dogs tend to mark their 'new' territory in such cases, so this was an issue as well. As a therapist, I specialize in animal assisted therapy (horses and dogs). So this is not about my not wanting animals on my property. It is about hosts being put in an unfair position unnecessarily, given federal laws do not recognize emotional support animals as a protected animal but Airbnb does, as well as the fact that in some cases the 'emotional support' animal title and privilege is being misused / abused by both clients and licensed mental health professionals at times. Therapists whose incomes depend on accommodating their clients sometimes have trouble saying "No - that would not be ethical", particularly when they are new to the field and trying to build a clientele. There is also the matter of our not being allowed to have guests sign animal addendums or waivers, nor can we collect extra fees. In my dog addendum guests had to agree to de-flea dogs before visiting the Cottage and to pay for de-fleaing if I had to fumigate after their stay - which also would result in possible loss of income for me if guests following could not be accommodated by me.
128 Replies 128
Sheldon9
Level 2
Oakland, CA

My wife is a marriage and family therapist and we are both animal lovers. We still in-fact do not think it is fair to put this rule on the host nor the guests that follow. I agree with the original post and this is a policy we should fight. 

@Sheldon9 - Thank you for taking the time to comment. I also am a Marriage, Family Therapist. This is how I knew that there IS a 'registration' process that a licensed mental health professional must sign off on for an animal to become an ESA. Sadly, many of these registration sites are not filled with abundant amounts of ethics or integrity and the process here in the United States at least is misused and abused frequently by people who wish to travel with their animal friends fee free; I posted an example of such a site somewhere in this thread, or the one I did in Host Voice. By the way, if you find the one I did in Host Voice last week, please thumbs up it, because supposedly a post with enough thumbs up draws the attention of decision makers at Airbnb, as does sending your opinion via Airbnb's feedback form. Do a search starting with 'Anti-discriminatory policy'. 

Rebecca181
Level 10
Florence, OR

Hey Everybody, @Branka and Silva @Fred13 @David126 @Patricia-and-Cody0 @Amy459 @Matthew @Sara601 

 

One of the people commenting here suggested we start a Humor forum so I just suggested this in Host Voice. If you'd like to 'thumbs up' it to help get this idea off the ground, please visit: https://community.withairbnb.com/t5/Host-Voice/Add-A-Host-Humor-Discussion-Room-To-The-Airbnb-Commun...

What a cool idea, for hosting can be so much more fun with laughter, and there is enough ridiculous things in it to laugh about.

Rebecca, well said. I have had dogs my entire life. I am 60 at the end of the year. I also have been volunteering with my therapy dogs for 15 years now so I am a HUGE supporter of Therapy Dogs. BUT, I also love my dogs and my home. 

My dogs have also done some modeling in NYC.  I was very active in the dog world with going to many dog events. It shocked me how many people book hotels when their dogs are not even housebroken OR put down wee wee pads and the dogs totally miss the pad. 

I have also met NUMEROUS people who can just get a Service Dog vest on line and do so, like you said, just to be able to bring their unbehaved dog everywhere. I TOTALLY know when I see a dog with a Service Dog Vest on whether or not that dog is a Service Dog. It is very sad that so many have abused such a privilege for people who truly need a Service Dog.

With that said, we are not Pet Friendly unless I know the person and their dog/dogs. 

The other reason is: this is my dogs' home. I do not need a guest's dog to go after my little Shelties (13 and 15 lbs.) in their own home so that they do not feel safe in their home ever again.

Rebecca181
Level 10
Florence, OR

@Barbara-and-Glenn0 Thank you for taking the time to read my post and make such an insightful comment. I did create a similar post last week for the 'Host Voice' section, presenting it as an 'idea' that the policy needs to be changed. After much interesting discussion with many people on these two posts, those who support some kind of change agree that three things must definitely happen for us to feel comfortable as hosts in regard to this policy:

 

1) Airbnb needs to separate ADA-service dogs from FHA-protected emotional support (comfort/companion) animals, versus calling them both 'assistance animals' as the policy currently states. This is because with ADA-service animals, we are not allowed to ask for documentation, but we ARE legally allowed to ask a few specific questions related to the use of the dog or mini-pony (the only two service animals acknowledged by the ADA). However, FHA 'support' animals are different. Landlords ARE allowed to ask to see documentation / proof of registration (you and I know how easy that is to procure, sadly).

 

Of course, what many hosts don't know is that they are likely EXEMPT from having to take any emotional support animal at all as they are considered to be 'transient' housing (versus temporary or permanent) and most hosts are renting out less than five units, hence they are exempt from the FHA under the 'Mrs Murphy Exemption'. But Airbnb is unlikely to point this out, as the policy appears to be designed to protect them in various ways, possibly at the expense of the host.

 

2) Currently Airbnb's Host Protection Program does NOT cover damages relating to guest animals or pest removal. This is very concerning, because we are forced to accept their current policy, be penalized if we don't, or leave the platform (e.g., @Patricia & Cody have already been penalized quite drastically for asking for documention on what appeared to be a 'scam' support animal: Specifically, they lost their super-host status for a year; had to pay a fine; and were reprimanded by Airbnb. Airbnb reportedly did not do any sort of investigation to determine if the support animal was legitimate, but immediately sided with the guest, per Patricia & Cody). Strangely, hosts who have called Airbnb about this have been told that animals WILL be covered as related to hosts following this policy. But we see nothing in writing - The current policy doesn't reflect this at all. So clearly this must be changed as soon as possible.

 

3) The fact that under the current policy guests can literally sneak animals into an Airbnb rental and be protected by Airbnb's current policy due to the policy treating and referring to the emotional support animal as if it were an ADA-protected service animal is problematic for reasons that should be obvious to anyone with a clear and reasonable 'No Pets' policy

 

Hopefully enough hosts will start to understand the difference between ADA-service animals and the federal laws that apply to them, and FHA-protected animals, and how federal (FHA) and also their state laws and local ordinances apply to them (which they will have to research). Because when they do, these hosts, like some of us here, will wonder why Airbnb wrote a policy that uses the umbrella term 'assistance animals' that treats ADA-service dogs and mini-ponies the same as FHA-covered emotional support animals, as if the emotional support animals were protected by the same laws protecting ADA-service animals (they are not).

 

It just doesn't make sense, and it is already creating much confusion and many problems, and not just for us hosts. Guests and even the animals will be negatively impacted as well.

Lee144
Level 2
Davenport, FL

Now that the airlines are going to start cracking down on support animals, I believe it is time for Airbnb to consider their rules.  In fact, Florida passed a law that went into effect on July 1, 2015 that support animals are only those approved in the ADA.  Furthermore, claiming a dog or miniture horse is a support animal when it is not, is a misdermeaner.  So Airbnb is saying we should not follow the law in Florida?

 

@Lee144

 

To be fair AirBnB say that you need to follow the law.

 

But their policy goves above and beyong the mimum required in most jurisdictions.

 

 

David
Lisa1196
Level 2
Milford, DE

my problem with all of this is that guests do not have to have any documentation that they need a service animal. Anyone can sign up with a pet saying its a service animal and we cant deny them

 

Helen3
Level 10
Bristol, United Kingdom

They can but you can ask them what tasks their animal supports them with and insist as a service animal the dog is with them at all times. @Lisa1196 

 

If they won't commit to me/leave their pet at the listing you can ask them to leave.

Impossible to know what is going on in my rental home since the guests have complete privacy. 

This is the review that I am planning to leave a guest who brought her alleged "emotional support animal" to my home: 

 

We do not recommend hosting Paula. She choose to bring her friend's dog to our "no pets" home even though we clearly state in our House Rules that we do not host any pets.  We even doubled checked with her if our house rules worked for the group and she confirmed.  Only then, we accepted her booking. We found out about the dog soon after she checked in.  We called her immediately asking for the dog owner to find alternate lodging as we sometimes host people with severe pet allergies and our own son is allergic. Paula interacted with us in a righteous, entitled way, never apologetic about breaking our house rules. She then claimed it was an "assistance animal" for anxiety and offered to show certification.  Later she declined to show the alleged certification and Airbnb said our hands were tied, only because, she used the words "assistance animal". After a bit of research we found out that this is a known scam. On Airbnb, once somebody says they are traveling with an "assistance animal" you must host them, even if you are a "no pets" home as Airbnb considers it discrimination if you don't. We believe she used this Airbnb loophole to willfully break our house rules. Airbnb offered me the option of cancelling the reservation but Paula would be refunded fully because she claimed the pet was an "assistance animal" even though there was no verification done to know if she was telling the truth. The problem is Airbnb does not differentiate between a trained "service animal" and an "emotional support animal", aka, a "comfort pet". Airbnb's "Assistance Animal Policy" is deeply flawed because it lumps these two categories together. The Americans with Disabilities Act (ADA) does not lump them together and does not consider an "emotional support animal" a "service animal", therefore it is not a discrimination to not host people with "emotional support animals" in your home.  As a host you should do research on this. There are sites that sell people a $20 "Emotional Support Animal/Comfort Pet" certification. And these pets can be a sheep, a goat, a peacock, no kidding. Some states are picking up on this scam and are considering punishing people who use fake support animals. Airbnb's policy is a disservice to people who book "No Pets" homes like mine to specifically protect themselves from allergic reactions. As a host I have heard this question multiple times, "Has a cat or a dog been there? If yes, I wouldn't be able to stay as my daughter/son/aunt/mother is very allergic".  We joined groups who are questioning and challenging Airbnb's Assistance Animal Policy. I talked to a service dog trainer and people who own "emotional support animals" and they said, "The funny thing is, I would never bring my emotional support animal to a "no pets" home. NEVER. It's unnecessary stress for everybody and defeats the purpose!"  Needless to say, Paula or her friends, are not welcome back.

"We do not recommend hosting Paula. She choose to bring her friend's dog to our "no pets" home even though we clearly state in our House Rules that we do not host any pets.   Needless to say, Paula or her friends, are not welcome back."

 

I would edit it a bit.

David

 Thanks @David126! Your edit is great. But I feel I have to say all that other stuff in there to make other hosts aware of the "Assistance Animal Policy" debacle.

You do that by posting on here, and other places, as a Host myself I would never find out about it be reading reviews.

 

Another issue but with that sitting on their account I doubt they would use that account again.

David