Cali and NY hosts ESA fees

Cali and NY hosts ESA fees

So one of my guests had at least 6 dogs, some of them were aggressive and huge. None was declared. When asked why she isn't declaring them, she told that it was an Emotional Support Animal and that we are not even allowed as hosts per airbnb policies to ask for documentation of ESA. Ok, but then how do I know if it is really an ESA, or people are running under cover dog motel in our property? Any thoughts? 

3 Replies 3
Marie8425
Top Contributor
Buckeye, AZ

@AZ-Housing0 

https://www.airbnb.com/help/article/1869

Emotional Support Animal: An animal that provides companionship, relieves loneliness, or helps with depression, anxiety, or certain phobias but is not required to have special training to perform tasks that assist people with disabilities

  • What we allow:
    • Unless the reservation is a stay in New York or California (USA) or another location where applicable law prohibits it:
      • Hosts may charge pet fees for a guest who is traveling with an emotional support animal
      • Hosts are allowed to decline the presence of emotional support animals from a stay or Experience
  • What we don’t allow:
    • For jurisdictions where Hosts are required to accept emotional support animals (unless the Host has an exemption) a Host cannot:
      • Charge pet fees, decline a guest, or apply different rules, treatment, or behavior to a guest traveling with an emotional support animal
      • Ask for information or documentation about a guest’s emotional support animal beyond the questions outlined above for service animals
    • For jurisdictions where Hosts are required to accept emotional support animals, a guest’s emotional support animal must not be:
      • Out of control
      • Unhousebroken
      • Left alone at the listing without prior approval
      • Allowed into areas that are considered unauthorized to the guest
      • Allowed in a public space without being harnessed, leashed, or tethered and not under the guest’s control

So pretty much, if guest lied about it and brought 5 pets, there is nothing you can do about it if you are in Ca or Ny.

@AZ-Housing0 

As soon as you are aware of an ESA, No, in you state you can't refuse, but send Guest Airbnb Policy.  Make them aware that you will be following policy guidelines.  Your rental isn't so attractive when you know your legal rights.  Your rental is not a giant dog kennel. she need 5 ESA dogs, then she is declaring a tool not a pet.  If ske brings a necessary tool yes you have to accommodate but she is responsible for her tool.  She can not leave her tool unattended in your rental, just fair I have an electrolice wheelchair you are not required to allow me to leave my chair in you rental driving itself.  I am responsible for ny tool.  Always leashed and under control, same thing I have no right to let my power chair drive by itself in your driveway, your yard area or run over the neighbors child.

You have every legal right within reason limit where my tool can be used.  If the only way to the driveway is through the back yard, yes you have to make access available.  Again the law protects you in that you can limit my tool as long as I can use it.  You can sat I limit your wheel chair use in the yard to this pathway not my whole yard or you can say there is a little nit longer way to the drive if you take the front path that is considered reasonable access.

The reason so many lie about having an ESA is partly because property owners aren't aware of their rights.  You have the right to set your  expectations for a tool not my pet.  If I can't control my electric wheelchair 100% of the time.  No, you are not expected to allow me to have an agressive wheel chair on your property.