Emotional Support Animals/instant book turned on without my consent

[Ellie331]

I received an inquiry from a guest today. After she asked for a discount she then began to tell me that she has a small dog ESA. I graciously replied and told her I could not accept her request as we advertise our property as allergen free property. I apologized and wished her well in finding suitable accommodation.
Within 15 minutes she booked on instant book, which was never turned on. This has happened to me now three times since I’ve been a part of AirBnB. So, some issues here with AirBnB policies and their integrity as a company. 

Montana Law does not require public accommodations to allow emotional support animals into their business. This is a matter of choice for the business owner. Only service animals specifically trained are required to be accommodated. Montana Law code 49-4-203 (2) “service Animal” means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal. Enacted 71-1305.1 by Laws 1975, ch. 

This particular guest does not have a service animal but a pet that she travels with all the time...per her email. However, she continues to mention AirBnB’s policy regarding Service animals and ESA. Any input would be appreciated on how to handle this peculiar situation. I have talked to AirBnB with literally no help. Just keep telling me about their high call volume. 

[Isabel3255]

Airbnb hosts may not:

• Decline a guest based on any actual or perceived disability.
• Impose any different terms or conditions based on the fact that the guest has a disability.
• Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
• Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
• Prohibit or limit the use of mobility devices.
• Charge more in fees for guests with disabilities, including pet fees when the guest has an assistance animal (such as a service or emotional­ support animal) because of the disability.
• Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
• Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
• Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.

[Isabel3255]

Do guests have to disclose the presence of an assistance animal before booking?

No. While guests are not required to disclose the presence of an assistance animal before booking, we always encourage transparent communication to ensure a smooth experience for all.

Is it okay to charge an additional fee or increase the cleaning fee to accommodate the assistance animal?

No, under Airbnb’s Anti-Discrimination Policy, hosts cannot charge extra fees to guests with an assistance animal.

Is it okay to request documentation for an assistance animal?

Airbnb does not require documentation when travelling with an assistance animal. In the United States, guests are not required to provide documentation for a service animal and there is no legally-recognised 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.

[Sarah977]

Yes, Isabel, we all know the Airbnb wording on this. It isn't necessary to copy and paste it all here. The host also has rights, and if a host or their family is allergic to animals, there is no reason why a guest's disability should take precedence over a host's. A guest insisting on bringing their supposed ESA or service animal (and more guests lie about this than the number of guests who truly do have and need service animals- it's the liars that those with disabilities should be after, not hosts)  does not fit the definition of the host providing "reasonable accommodation" for such if it would be unhealthy for the host to do so. 

@Isabel3255

[Isabel3255]

@Sarah977 Actually, the part about the host's allergies ONLY applies to units that are shared. Not units that are "entire place". 

Also, I am referring to the fact that this thread keeps mentioning "loopholes". So, it sounds like a lot of hosts are also lying about their own allergies in order to discriminate and that is just as bad. You can't assume people are lying about an ESA/Disability. 

[Sarah977]

There needs to be official documentation for emotional support and service animals which those with disabilities are required to submit. This would go a long way towards making hosts less reticent about accepting them. The majority of hosts have no intention to discriminate against those who honestly have a disability and need those animals, but the majority of people who claim their dog is a emotional support animal are lying, just so they can bring Rover with them everywhere. 

And whether a dog is really a service animal or not, it still leaves allergens. So a host whose business is marketed towards guests who require an allergen-free environment shouldn't have to accept any animals. Why does a person with a disability get to destroy a host's business? Having a disability doesn't make one more important than anyone else. 

There are plenty of listings which accept animals. Why does someone who needs to travel with an animal have to insist on bringing them where they are't wanted?

I know what the Airbnb policy states, but that doesn't make it right or fair.

@Isabel3255

[Isabel3255]

@Sarah977 

"there needs to be official documentation for emotional support and service animals which those with disabilities are required to submit."

NOT TRUE. Someone with an ESA/Support Animal in no way shape or form has to disclose this information. Nor do they need to provide documentation. You need to re-read their policy. 
And it is fair. It's their policy. If you don't like it, don't host. 

[Sarah977]

You misunderstood what I was saying. I know that is not currently required. I am saying it needs to be. That would make things better both for guests with disabilities and for hosts, and would eliminate people being able to lie about it (who are exactly the people who make things difficult for those who really have disabilities they need animal support for) and put hosts' minds at ease that they aren't being scammed.

No it isn't fair for someone to only have to "claim" that their animal is a true service animal.

And I host a shared space, so don't tell me "don't host".

@Isabel3255

[Isabel3255]

Yes. and it looks like you are not even in the United States so..you must have different laws in Mexico

[Mark116]

The way to determine of the guest is lying about their emotional support animal, is that when you cut and paste the part about how service/support animals are expected to be with their person at all times and not left alone in the unit for any length of time.....that you never hear back from them.

I also, personally, think that Airbnb is wrong to prevent hosts from utilizing their more thorough knowledge of their own properties to determine of a disabled person would or would not be comfortable there.  

[Isabel3255]

You'll never know if someone is lying because no proof is needed. It's just the way it is. This is to protect the right of those who are disabled. In the United States, we tend to take care of the disabled. People with allergies are not disabled and do not have the same rights. 

I understand your feelings about thinking it is "wrong" for Airbnb to prevent them from hosting. But that is their policy-they have the power. If you want the power, then you will need to rent outside of the platform and still hope you don't get sued for discrimination under the Fair Housing Act.  

As long as the government protects the rights of the disabled, this will never change. 

My original post was in regards to the bad advice here about "loopholes". It is public and is literally proving there is discrimination occurring. If I were a lawyer, i'd be all over this. 

[Mark116]

Well, my experience is that when someone  has mentioned their emotional support animal and I linked to the sentence that says it is expected they will not be left alone in the unit, that is the last I hear from them....which strongly suggests that they intended to bring their pet to my no pet listing and leave the pet there while they went off sightseeing and that this animal was a pet not an emotional support animal.

[Danielle1096]

Just had this issue this week.. guest snuck dog in.. I didn’t say anything in case it was a support animal and gave them the benefit of the doubt even though they didn’t bother to use courtesy and just let me know. 
After the guest left the dog alone at my property for 4 hours with no one home, I reminded them that I do not allow pets. They ignored me but after a while claimed the dog was as emotional support animal. I let them know in that case that they were violating air policy for ESA’s-which clearly state the dog is not allowed to be left alone in the listing at any time for any reason. 
All of a sudden.. the guest also claimed they have another written excuse that the dog was allowed to be left for up to 8 hours by the handler!!!!! 
People really are willing to taking it to any level anymore- where does it end??? 
I got zero help from air bnb as I am sure no one is surprised to hear. I didn’t kick the guest out or anything, but they made certain to leave me a revenge review because I tried to make them adhere to the policies they agree to when using air. 

[Helen350]

@Isabel3255 You mention the Fair Housing Act. - Airbnbs are SHORT TERM lets, for use on holiday or short work contracts. Airbnbs are not permanent housing for guests who rent them. So the 'Fair Housing Act' by definitiuon does not apply.  

[Sarah977]

"As long as the government protects the rights of the disabled, this will never change. "

Requiring those who are disabled to produce proof that their animal is truly a service animal very much would protect the rights of the disabled. It would prevent those who lie about it from being able to get away with that, which is very much to the detriment of the disabled. What is so hard for you to understand about that?

And yes, hosts do know if someone has lied about it- as Mark points out, the animal will be left alone in the accommodation, it will relive itself indoors, bark incessantly, chew things up, etc- all behaviors that actual trained service animals do not do.

The problem is, as you say, that a host doesn't know if a guest is lying about it or not when they wish to book, unless, as in Mark's example, they are never heard from again when the behavior of the owner and the animal that qualifies it as a service animal is pointed out. 

@Isabel3255

[Lorna170]

@Isabel3255 The animal in question is not a trained service dog.  It is clear from the OP's post that this is the guest's pet, disguised as an emotional support animal.  Everything that you posted has relevance to the rights of a disabled person with a Service  Animal like a seeing eye dog, not an Emotional Support Animal.  Most of my vacation rental properties are pet friendly, so a guest may bring their service animal or emotional support animal.  However, I and some of my family members have allergies to pet dander, so another vacation rental property that I own and use for myself and my family does not accept pets.  I am not discriminating.  I am protecting my own and my family's health.  People with allergies have rights too.  Look at the number of schools that have ceased allowing peanut products in their buildings because there is a student enrolled who could die from the allergic reaction.  Would you send your child into the school with a peanut butter sandwich and a peanut snack if their classmate could die?  

The people that I have met who own service animals are very conscientious and would never rent a property that is not pet friendly or is advertised as allergen free.  Why?  They are aware of their own disability, and are respectful of other people's disabilities, inclusive of allergies.  They have experienced the additional difficulties involved with travelling with their service animal since the onslaught of people claiming that little "Pookie" is an emotional support/service animal.    Those entitled pet owners need to get a clue.  Stop lying about your pet's status.  Rent a property that is pet friendly, and leave the allergen free properties to those who need them.  I SUPPORT @Ellie331 !!!