Being sued in federal court

[Maria544]

I am being sued by somoene I don't even know - and never contacted me to rent my property - in federal court for 'discriminating against families with children', which according to the  the suit is a violation of the Fair Housing Act.

My house is in Florida and when I listed it with Airbnb I just followed their guidelines, clicking on 'No' when asked if I accept children under 12. I have rented my house twice through Airbnb and they never said I was or could be in trouble for that. No one mentioned the Fair Housing Act then or ever.

I contacted Airbnb about this problem by telephone and email and was told 'someone will get back to you'. So far, nothing.

What should I do? It costs $5,000 to retain a lawyer to defend me and I can't possibly do that.

Many thanks for any information.

Maria

[Scott80]

"It costs $5,000 to retain a lawyer to defend me and I can't possibly do that."

Sounds like you answered your own question. I am not a lawyer but I would start by researching the law that you are accused of violating...does it seem like you violated it? If you did, change what you are doing or challenge the law. If it seems like you did not violate it, fight the acusation. Perhaps call AirBnB, your local library, Bar Association, the Court or the US Department of Housing. 

[Sandra126]

Very annoying. I am certain Airbnb will be on to this, you could check back with them, asking how they are going with this as it is not your problem but theirs really. Ask them what their legal department suggests you do. Random people wishing to sue them would be a common occurence, as people see dollar signs in a litiginous society such as America, the land of the sued.

[Brittany1]

Definitely call Airbnb again. It is as much their problem if not more! What kind of person sues because they can't bring children to a vacation rental!?!? We too have a no children policy. Get Airbnb on this. Don't spend a dime of your own money.

[Ephraim0]

Who would do this, I'll tell you who - The type of rotten person who found a class action attorney douche bag that wants to make a whole bunch of millions while ruining an honest hard working American's life in the process... Thats who.  I will now go change my listing acceptance rules until I hear airbnb is doing THE RIGHT THING and standing with this host.

[Maria544]

Airbnb replied they can't help me as 'laws differ from place to place' in the country.

Just so you know.

Maria

[David126]

Thanks for the update.

[Daniel-and-Marsio0]

Typical of airbnb  - and a disgusting attitude to take if you ask me. Always washing their hands of issues they don't want to deal with.

Good luck with your case.

On one hand they want us / encourage / no, actually FORCE us to sign up to being 'inclusive' and non-prejudiced, on the other hand they provide us with options to do just the opposite. It's ridiculous and hypocritical.

In London, they've been turning a blind eye to local legislation regarding how many nights per year hosts are allowed to offer 'short lets' - now, all of a sudden there's a panic as they are being told to enforce those very laws. They like giving us all enough rope to hang ourselves whilst they keep collecting the money...

[Ann-and-Tim0]

Contact your local attorneys association see if they have some one who would take the case as pro bono.  This sounds like a set up.  Have you received the notice of court actions filed?  I'm truly concerned that it may not be just you...it could be an ACLU affiliation claiming this affront.  This private property vs public.  It may be a hotel owner in your area with a beef against Airbnb in general,  but can't take them to court.  So they attack at the bottom of the chain.  If you can afford it. I.e. If your rental property is not vital to your income amend Airbnb isn't willing to help out, I would remove my listing for a while at least until it blows over.  You can always tell the Judge that you decided to not host at this juncture.  

[Amy38]

That is just not true...Fair Housing is a Federal law, not state.....put this issue up on their Facebook and email the CEO and CFO about this.

has a suit actually been filed?  This may just be a shakedown although I think I remember reading about this before, whether on these board, Airhost Forum or in the  NY Times.

Here is a link to a short version of the law....you can call the dept in charge of enforcement.

i would not think come under a protected class unless they happen to be gay or a minority...and 

I would not think this law applies to a short term rental.    But I dont know either

i 

[Ephraim0]

Hopefully airbnb will stand with you, keep us posted.

[David126]

Looks like the OP is renting whole house long term, has a 14 day minimum, not sure how much this matters.

ABB is a world wide booking service and I am sure they do not check to make sure any individual listing complies with local laws, how could they?

I have noticed that ABB changed their description to May not be safe or suitable for children (0-12 years), perhaps this is why?

HUD does I belive allow individual actions in Federal Court, I think it is similar to the ADA legislation and is used by low life layers to basically black mail business owners with the threat of court action, a local Restaurant suffered this, pay ius $35,000 or it will cost you a lot more in Court.

Basical common law is that you have to prove damages, I would imagine the issue here is more being saddled with legal fees, both sides.

I have no idea to what extent AirBnB would provide legal guidance/backing to individual business owners, I rather assumed not.

[Mika5]

Hi Maria,

David is absolutely right. It is about not being suitable for children, it's not discrimination! I am familiar with the FHA, so I know what I'm talking about.

No need for an attorney, just explain.. Those people are trying to take advantage of the situation. It's like saying that rating PG13 is discrimation..lol . 

Moro na Florida, tenho 3 listings em Orlando. Também sou do Sul do Brasil 🙂

If you need help, you can contact me.

[Maria544]

Hi!

I found out that there are many, many other people being sued around the US by the same individual, and for the same reason - a 'violation of the Fair Housing Act. 

As you can see on the link below, one other person posted about this: 

https://community.airbnb.com/t5/Community-Help/served-with-lawsuit-alleging-Fair-Housing-Act-violati...

The person who answered the phone on Airbnb when I first learned of the lawsuit agains me, told me that 'this is a matter between you and your lawyer', she only agreed to contact the legal department after I insisted. Nevertheless, I was not allowed to speak to any one in the legal department, the lady said only that she had 'notified' them about my case. I got an email confirming that, and that was all, they made no further contact with me. 

I feel I am being sued - and for the first time in my life, as I am a law-abidding person - because or Airbnb careless policy allowing people to click yes or no on the item 'children under 12'. That was all I did. I now know that this is a violation of the Fair Housing Act, I had no idea. Airbnb legal department must know it is a violation, and I am sure those lawyers are paid good money to know the laws regarding rental of properties in the US.

Because of their oversight, there are dozens of people like me being sued. 

Technically, every host on Airbnb can be sued as well, for the same reasons. Be careful with that yes or no buttom, it may cost you a lot!

Really upsetting...

Maria

[Fabian6]

How did this go? Any chance you could team up with other people being sued and challenge his suit, or at least split the costs?

Keep us posted