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

[Ann-and-Tim0]

Sorry I didn't realize there was another page.  This is what I was concerned about.  If you can find out how many or others maybe you who are being sued can ban together.., this isn't about you... it's about Airbnb... I'd bet there is a big corporation behind this.  My job is to list all court actions, civil cases in our county included on Fed level. It costs big bucks to go after each and every one of those individuals.  Keep your calls in to Airbnb if necessary, tweet, fax, call, until you can talk to their legal team.  

[Joe135]

So you think that you get to determine for another parent what is or isn't suitable for THEIR Kids?  

Even pg-13 and rated R movies parents can bring their kids to.  They just can't go alone.

Youre trying to be the parent for another parent, and the law says you can't. 

Your familiarity with the FHA is lacking greatly.  

It says explicity that you cannot deny housing to someone due to familial status.  You dont get to pretend it's about safety Lol.  It's the same thing.  Your basis is due to the kid being there.  

[Bradford0]

Actually I do think I get to choose if I’d like to take the risk of a child possibly being hurt in my own home. Two handmade hanging rope shelves low enough for toddlers to be attracted to and sharp coffee table corners are enough for me. As a Guncle, my three nieces have no coffee table at home for that particular reason and all shelves are set high enough out of reach. So yes... I do get to make this decision and I get to legally.

To clear up what the FHA says: 

   You are not to put into PRINT anything          discriminating of familial status. Please go back and read the law and feel free to quote it then correct me. 

[Bradford0]

I too am being sued by Darrell *** and his attorney Shawn ***. I haven't been served yet but I would love to speak with you on the phone about this. I have NBC 4 up here in Washington DC on them for the story. 

[Maria544]

Hi!

I sent you an email with my contact info, hope you have received it.

Your phone didn't appear on the email you sent me. Did you get my  e address?

Maria

[John-and-Heather0]

This may or may not be helpful, but it underscores the need for a VR-specific insurance policy. If you have a policy written specifically for VRs (usually a blend of a homeowner's policy and an inkeepers' policy), you may have coverage for this type of lawsuit. Check your coverage and tender the claim--if covered insurance will hire a lawyer for you.

Sometimes housing discrimination laws contain flat penalties AND paying for their attorneys fees, so waiting for AirBNB to call back is not a good plan.

[David126]

As usual it is more complicated than that, assuming such cover is included, I had a look at a couple of policies and it was not, then I assume it would act similar to D&O coverage, basically covers your costs in defending a legal action.

The issue here seems that there is no defence, the concern would be damages, possibly punitive damages and it would in any event be against public policy to cover that sort of award.

Not sure about the costs awarded against you.

[Cormac0]

@Maria

Not suitable for children is not saying children are not allowed, that’s your defence.

As a parent I certainly would not endanger my children by bringing them to a place that is not suitable for them.

As you did not specifically decline his children as guests, I don't think you have case to answer and hopefully the Judge will agree.

Regards

Cormac

The Explorer's Club Krakow III

The Explorer's Club Krakow VIII

[Joe135]

Who decides what's not suitable?

Some hosts here think having a pool makes it unsuitable yet there are 50 year old adults who cannot swim, and 3 year olds who can swim.

FHA in the US states no discriminating due to familial status with rare exceptions. (Things like senior communities come to mind).

What if I tell you my property is not suitable because there are dogs on site and I dont want your kid to be hurt.    That's absurd that I get to tell you my place is not okay for your family because I think dogs are dangerous to kids.  

[Monica4]

In my location that would only apply if I were to list the property as being available for more than 30 days, which it is not. After 30 days the tenants have rights. Under 30 days it is a short term vacation rental and not subject to tenancy laws.

[Tia-and-Anthony0]

This may help. From an article written in 2016 ( http://fortune.com/2016/06/23/airbnb-discrimination-laws/ ). 

— Title VIII of the Civil Rights Act of 1968, or the Fair Housing Act (FHA). This prohibits discrimination in housing specifically, usually for longer-term rentals and sales. It casts a broader net than Title II, including in its protections not only for race, color, religion and national origin, but also for sex and family condition. Airbnb says loud and clear on its website that it adheres to Title VIII.

Again, here is the website: https://www.airbnb.com/help/article/1405/airbnb-s-nondiscrimination-policy--our-commitment-to-inclus...

[Michael956]

If Airbnb washes its hands of this I would find that outrageous.  

[Branka-and-Silvia0]

@Maria544 Please let us know how it ended up? 

[Bradford0]

The problem with Airbnb stating they mention “loud & clear” is the fact that they enable hosts (practically require) to click the circle indicating whether their listings are family friendly or not. 

By enforcing hosts to choose either or, they have enabled one to believe it is in fact allowed.

In my view, they need to remove the option. For as long as it remains, hosts are required to choose, and they should take accountability for the problems arising due to such. 

[Marzena4]

Not quite, @Bradford0. Some listings "offer" safety hazards. Airbnb listings by default are not business-oriented properties that were built with hosting in mind, but people's homes converted (to some extent only) to host. The problem with many countries is that they do not recognize what sharing economy is.