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

[Rebecca181]

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.

[Meg12]

PS. What are these levels under our names??

[Fred13]

Frequency in which people post Meg.

@David0 love that picture.

@Rebecca0 you are a card. 🙂

(Be back Tuesday, off to island for 5 days doing new projects. Stay cool all)

[Rebecca181]

In discussing this issue with others, I have found there is much confusion in regard to:

1) How an Emotional Support Animal differs from an ADA-protected (service animal)

2) How one certifies / registers / qualifies their animal as an Emotional Support Animal

3) What training an Emotional Support Animal is required to have (the answer: none)

4) What animals can and can not be an Emotional Support Animal (I've seen lambs, roosters, geese be certified as ESAs, among others)

This website answers these, and many other questions, for any of you who are interested:  https://www.esaregistration.org/faq/

[Rebecca181]

Been researching this a bit more and this is where I'd love to see some clarification, if any of you can help me out here: If Airbnb created their Emotional Support Animal policy because of the FHA (Fair Housing Act) here in the United States, which does acknowledge ESA's as an animal assistant (unlike the ADA), then many Airbnb Hosts would seem to be exempt from FHA laws regarding Emotional Support Animals and could adhere to their 'No Pets' policy, as follows: 

"The Fair Housing Act was adopted in 1968, and among other things, makes it illegal to discriminate against people based on race, color, religion or country of origin. It was added in 1974 that you couldn’t discriminate based on gender, and since 1988, you also cannot discriminate against people with disabilities or families.

There are very few properties that are exempt from these laws — a building with 4 or fewer units, one of which is owner occupied; single family homes where the owner does not use a real estate agent to buy or rent the property, and the owner owns less than three single family houses; and housing owned by organizations or private clubs that is used for members."

So, based on the above paragraph / qualifier, it would seem that many hosts are exempt from the FHA's recognition / inclusion of Emotional Support Animals and it would seem that hosts would not have to accept pets / ESA's when they have a 'No Pets' policy, at least here in the United States where I am. Yet, Airbnb's current policy implies that we MUST accept the ESA, as if we were not exempt. 

If anyone can comment on this, I would appreciate it. I haven't faced this issue anywhere but on Airbnb - being told to follow a policy that state and federal laws do not require I follow. Are there other listing sites out there who are requiring owners sharing their homes to accept ESA's? 

[Rebecca181]

Must read article: (Posted by another community member elsewhere): "Great NewYorker article about the unavoidable legal obligations being imposed on society by owners of “emotional support animals.” Think you can decline a guest with an alpaca, a snake, a pig… or any other type of animal being called an “emotional support animal”? It may not be quite as easy as you think – and author Patricia Marx has proven this with some unusual field studies:"
Pets Allowed http://www.newyorker.com/magazine/2014/10/20/pets-allowed

[David126]

Is it okay to request documentation for an assistance animal?

Airbnb does not require documentation when traveling with an assistance animal. In the United States, guests are not required to provide documentation for a service animal and there is no legally recognized certification process for service animals. Where a guest indicates that he/she has a service animal, a host may ask:

1. Whether the assistance animal is required because of a disability
2. What work or task the animal has been trained to perform

If you are traveling outside of the United States, please be aware that the requirements may differ. Airbnb recognizes that some jurisdictions may require prohibitions on all animals, including assistance animals, and we do not require hosts to violate local laws or take actions that may subject them to legal liability.

I  can see no mention of any requirement under ABB policies for documentation, if I was asked those questions the answer to both would be emotional support.

Discussion of US law maybe interesting but this is a contractual issue.

[Rebecca181]

@David126 - The question I have is, can a contract force a host to do something that the law does not require the host to do? In most states, homeowners who rent / share their own residence are excempt from the FHA laws regarding ESAs (which are very loose, to say the least). Most states' FHA adaptations mirror the federal FHA around ESAs (most, not all).  So if a prospective guest with an ESA was turned down by a host and complained to Airbnb, and Airbnb then reprimands the host, or perhaps removed them from the platform (extreme, but I use for examples sake), could the host challenge this, saying that the law that protects them supercedes Airbnb's policy, a policy that violates the host's legal rights as to who and what enters there home? I imagine you will say a contract is a contract and I have to abide by it and if I don't like it I have the option to leave. However, it still seems to me that this is similar to the Age Requirement issue we were previously discussing. Why not just have a policy around ESAs recommending hosts check with their state's FHA adaptations and abide by those?

[David126]

@Rebecca181

The vast majority of the agreement between Host Guest and AirBnB has nothing to do with what any law may require. It is purley voluntary, you do not have to Host, you do not have to use AirBnB to Host.

The vast majority of the agreements we enter in the course of our lives have no law have no obligation by law.

Obviously in the course of your proffesion you enter into contracts with your patients, maybe written or otherwise, you provide services for payments, no different here.

[Rebecca181]

@David126 Yes, I see your point. But I am careful when contracting with my patients / clients to not write up a contract that inherently forces them to give up legal rights. That's just me. I have heard from people on this issue who live outside of the United States. Many of them say that they are glad they are not hosting in the U.S. because thus far they do not have to deal with the sorts of ridiculous situations that come up from policies such as the one Airbnb has written up to protect ESA's as if they were federally protected animals with the same rights as an ADA service animal. I continue to wonder, if a host  in the United States were forced off the platform for supposedly 'discriminating' against a guest with an ESA (maybe a well trained dog - but maybe a llama that spits or a  goat that kicks, who knows?) if they could challenge their ouster from the platform in some fashion. I've no doubt that such a scenario will present itself one day. It will be interesting to see the results. I realize that we hosts are being forced by Airbnb policies to adapt to a hotel / commercial model, despite the fact that some of us are actually sharing our personal / primary residences where we reside year round (ironic, given how Airbnb originally started and what it was founded upon), and I realize this all ties into Airbnb's plan to go public in the near future, but it does not mean that we ARE a hotel or a commercial operation, just because we are being treated and encouraged to act like one by 'the hand that feeds'. And, for some of us, there are many other hands that are quite happy to feed us without forcing us to accept questionable policies.

[Caleb-And-Liz0]

THANK YOU FOR BRINGING THIS UP!

This is a problem we run into every once in a while. But when we do it seem to really get me fired up. Personally I have no issue with dogs or animals. But my 6 year old son is very allergic to dogs. What I don't understand about the ADA laws and airbnb policies is how does one person's  disability trump another's. I have been verbally threatened before with "legal action" for not allowing them to stay. In my opinion go ahead. I would rather my son be able to breathe!

[David126]

https://www.msn.com/en-us/money/companies/delta-cracks-down-on-passengers-emotional-support-animals/...

Delta is making a move, time for AirBnB to follow.

[Rebecca181]

Thanks, @David126. In case somebody is too lazy to open the link, I am pasting the text here, because it is a 'must read', in my opinion. I had a nurse respond to a post about this I made on Facebook about what has happened at her hospital; they have taken similar action. Her stories were nearly unbelievable, but true.

Text to article you linked here: 

"Passengers who wish to take their support animal on board a Delta Air Lines plane will have to show proof of health and vaccinations 48 hours in advance, as well as other requirements, the airline said Friday.

Travelers with a psychiatric service or support animal will have to have a signed document "confirming that their animal can behave to prevent untrained, sometimes aggressive household pets from traveling without a kennel in the cabin," Delta said.

The new requirements start March 1.

Delta said animal "incidents" have increased 84 percent since 2016, including urination/defecation, biting and even a widely reported attack by a 70-pound dog."

Employees have reported barking, growling and biting from service and support animals, it said.

"Customers have attempted to fly with comfort turkeys, gliding possums known as sugar gliders, snakes, spiders and more," Delta said. "Ignoring the true intent of existing rules governing the transport of service and support animals can be a disservice to customers who have real and documented needs.""

[Rebecca181]

@Caleb-And-Liz0: This article should help you understand better the issues at play. Ideally, this ADA / ESA matter would be handled via a policy that tells the hosts to check with their local / state FHA enactments. The Age Requirement policy is handled in this way. Why not this, given many of us are offering 'transient housing'? http://www.bhgrlaw.com/blog/housing-provider-obligations-under-the-fha-and-ada-do-i-need-to-allow-se...

[Amy459]

Hey Rebecca, 

You make some great points in your post, and I fully believe Airbnb needs to change their policy as soon as possible. I just posted my own thoughts on Airbnb assistance animal policy in a VERY lengthy post. If our homes do not have to be ADA compliant, why would we need to apply the ADA law for allowing service dogs into our homes? If our homes do not fall under the FHA/Secion 504 guidlines, why would we need to allow any assistance animal into our homes? The link below is to my post.

https://community.withairbnb.com/t5/Host-Voice/Thoughts-on-Airbnb-Assistance-Animal-Policy/idi-p/595...

 I'm wondering if you, or anyone in this discussion have any contacts or resources where I should share my post? Thanks!

[Rebecca181]

@Amy459 I look forward to reading your post in a moment over my morning coffee. I just now found this article and it could be a very helpful one for short term vacation rental owners, including Airbnb hosts. We are arguably a 'transient' (not temporary or permanent) dwelling, and therefore have the right to uphold our No Pets policy (which is really what this is all about for most all of us - despite the accusations of it being about wanting to discriminate). This article in and of itself should cause Airbnb to reconsider it's current policies. At the very least, they should consider mirroring their Age Requirement policy and refer hosts to their local and state laws on the matter - FHA enactments, specifically. Here is the article. I am not sure how to kick this up any higher. This post of mine here has many, many comments and a good amount of thumbs up but you cannot find it under 'Popular Posts' on this forum; yet you can find posts with half the number of comments and thumbs up that this one has. Who knows why? Life is a mystery... http://www.bhgrlaw.com/blog/housing-provider-obligations-under-the-fha-and-ada-do-i-need-to-allow-se...