Pet Policy and Service Animals

[William247]

Our cottage listing has a "No Pets" policy stated in the listing. Yesterday afternoon  I received the following message: 

Airbnb: Kwxyz for Sep 25-27, 'Hello William, How strict is your pet policy? I am asking for a friend who has two service animals.'.  

A number of things about that inquiry made me suspicions that this was someone who just wanted to bring their pets and was looking for a way around the pet policy. For example I think people with true service animals know that the law allows them to bring the animals regardless of the pet policy. They have two service animals - possible but not as likely. They were asking "for a friend". They didn't specify what kind of animals they were. 

In reply, I sent the following: 

Are the service animals required because of a disability and what tasks have the animals been trained to perform?

I haven't had any response to the reply.  What do you think I should have done? I don't want to deny anybody who truly has a service animal, bit don't want to accommodate people just wanting to bring their pets.

[Paige73]

This is my dog policy under my house rules. 

Dogs rule, dog rules!

1) Email or bring proof of vaccinations.
2) Must be spayed/neutered or have a breeder of merit certificate from the AKC.
4) The mattress protectors provided must be used on all beds.
5) The dog must be in a kennel if left alone in the apartment. Also, the dog must be accustomed to being kennelled and not bark consistently when left alone.
6) The dog must be potty trained.
7) The dog must be at least 1 year old.
😎 You must pick up after your dog whether you use the backyard or walk it around the neighborhood.
9) You must stay with your dog if using the backyard, and make sure the gate is closed properly.
10) I must meet the dog on arrival. If I'm not satisfied that it meets my requirements, I'll give you a list of boarding facilities nearby you can use at your own expense.

If you chose to book, it will be assumed you've read and agreed to these rules.

If your dog is a service dog (not an ESA or a pet) none of the above applies.

Ok! Having said all that, I hope you and your pooch have a great stay! 

Just asking for current vaccinations and that the dog be fixed and at least 1 year old (all provable before booking) weeds out most irresponsible dog owners. Responsible owners won't blink an eye at these rules. I wouldnt.

It feels like a contract. Don't know if it would hold up in court, but I think people with misbehaving dogs or fake service dogs would book elsewhere. 

[Robbyn0]

These are awesome rules and no service dog is left alone...

[Leann298]

Not quite accurate - no pets does not exclude service dogs 

service dogs are not considered pets - they are considered a medical device like a wheelchair 

https://www.ada.gov/regs2010/service_animal_qa.html

[Kristy74]

Thought this would be a relevant thread to ask What are my rights as a superhost for services animals in shared space, and what's airbnb's definition of shared space?

These are the available selection for me to list my space appropriately, so what if it's an entire place with a shared patio?

https://www.airbnb.com/help/article/317/what-do-the-different-home-types-mean

• Entire place: Guests have the whole place to themselves. This usually includes a bedroom, a bathroom, and a kitchen.
• Private room: Guests have their own private room for sleeping. Other areas could be shared.
• Shared room: Guests sleep in a bedroom or a common area that could be shared with others.

I just had pickle of a situation.  I had a potential guest reaching out knowing that I have a no pet policy as I already have a dog and cat on the premises. So the layout is, there are two apartments on one lot, we live in one and airbnb the other. We state in the description their apartment is the entire apartment and we live in the other apartment, but we have a shared patio area, which our cat and dog nap in. For the safety of my cat and dog, I declined the reservation because of the shared patio.  I then was contacted by Airbnb saying I'm receiving a warning...

"According to our Nondiscrimination Policy, a host may not decline a reservation on the basis of a guest’s medical requirements. This includes the use of an assistance animal, unless the listing is a shared space subject to an applicable exemption (e.g., severe allergies). "

So I was taken back about this as there is a shared patio, and per Airbnb's service animal policy if there is a shared space and I'm concerned with safety issues, I would not be required to host guests with assistance animals.

"However, if your listing includes a SHARED SPACE and an assistance animal would create a health or safety hazard to you or others (e.g. allergies and pets who are unable to share space with other animals due to a safety concern), we will not require you to host the guests with the assistance animal." https://www.airbnb.com/help/article/1869/what-is-an-assistance-animal

In response, the represenative sent me this response, "The shared space is referring to shared or private rooms; because your listing is an entire home we are unable to grant an exception."

So I'm a little confused as Airbnb policy states, “includes a shared space”. The words “includes a” indicates that the whole property may not be shared, but a certain section. I’m not sure if policy has to be updated to a more acurate definition or if it’s correct and there is a miss interpretation? Eitherway I'm trying to do the just thing. As I find it difficult to believe that for all the Airbnb’s, there are many with entire home's with a shared outdoor space (patio, backyard, etc) that the hosts safety concerns or for that matter general safety concerns are not put first?

This represenative refused a phone conversation nor when asked for a manager contact. Instead replied, "I am sorry, but there are no managers for me to put you in contact with."

[Cherie63]

Keep calling back until you get a different agent and request your issue be escalated to a different case manager.  

I too have an “entire place” with shared back yard, pool, hot tub, laundry facility.  If that’s not going to work  then I may consider changing my listing to a shared space just for the sole purpose of acquiring control over this service animal issue because I feel like a lot of people are lying about whether or not their animals are truly service animals just to avoid paying pet fees in my case.  

[Paige73]

Eliza,

If it's a shared space you can refuse a service animal. Although a service dog when it's "on the job" will be perfectly behaved. They are incredibly expensive to train. A bad encounter with a pet dog can damage or ruin a service dog. Most people wouldn't risk it. If you've got someone demanding to stay even though you've expressed concerns about how your dogs will react, it's probably an ESA (emotional support animal). They are treated like service animals under the ADA for travel and housing, but they're not trained at all. I have a ESA for flying and she'll sneak off and piddle in a corner first chance she gets.  Unfortunately,  none of this helps with your bad review. 

This is my dog rules in house rules. I also have my account set so they have to tell me they read and understood them before they book. I think it helps weed out the bad ones and the good dog owners think it's perfectly reasonable.

Dogs rule, dog rules!

1) Email or bring proof of vaccinations.
2) Must be spayed/neutered or have a breeder of merit certificate from the AKC.
4) The mattress protectors provided must be used on all beds.
5) The dog must be in a kennel if left alone in the apartment. Also, the dog must be accustomed to being kennelled and not bark consistently when left alone.
6) The dog must be potty trained.
7) The dog must be at least 1 year old.
😎 You must pick up after your dog whether you use the backyard or walk it around the neighborhood.
9) You must stay with your dog if using the backyard, and make sure the gate is closed properly.
10) I must meet the dog on arrival. If I'm not satisfied that it meets my requirements, I'll give you a list of boarding facilities nearby you can use at your own expense.

If you chose to book, it will be assumed you've read and agreed to these rules.

If your dog is a service dog (not an ESA or a pet) none of the above applies.

Ok! Having said all that, I hope you and your pooch have a great stay!

[David126]

ADA does not cover ESA's, trying taking an ESA into your local supermarket.

Or Restaurant.

You can of course do what you want within the law outside of AirBnb, this thread I assume is for AirBnB bookings and their Non Discrimination policy.

[Robbyn0]

---

@Eliza7 service dogs are HIGHLY trained dogs and DO NOT interact with other dogs without permission. As a disabled veteran who needs my dog and knows what it take to have one, i am disappointed in your ignorance and attitude.  People qith disa ilies get discriminated against all the time. SO I completely understand qhy she would be upset. But she didn't handle it well either. And two weongs don't make a right.

---

[Heather552]

Even though you can order such vests etc, the person with the service animal or emotional support animal should be able to present a letter from their physician to support their need of the animal accompanying them.  That being said, it is a bit different situation where it ins't a true hotel setting and your dogs would also be present.  Difficult positoin for you for sure.

[Simon584]

Usually when people act angry or beligerant, it is fake service animal  and it hurts people who actully need service animal. I personally only look for pet friendly places if there is pet fee i just pay even if it say some where on ADA it illegal to ask for one. It because i dont like arguments and than i am staying is someone elses home and i want to help them as much as i can i dont want them to feel trapped by laws be lied to.  I do know that my dog is trained why would i tell anyone about it.....does matter. Airbnb should have profesional verification process for people with real service animals that would help alot and it would prevent fake service animals and it is growing epedemic that hurt people who actully dont want but do need servcice animal. Airbnb please do this i dont mind sending my leginament document to Airbnb.

[U-C-0]

You're an awesome person!!

[Rosemary12]

Hi William

I agree with the responses. I have a son who has allergies to animals so I can put "no pets due to allergies" quite honestly but this came up the first year I was hosting after a couple from Bavaria wanted to bring a WOLF!

I also wonder about someone enquiring for a "friend". Unless they have vision problems I would wonder why someone was asking for another person and since Airbnb regulations state that the person booking must be the person staying there is possibly an "out" there.

[Andy184]

Possible reasons, unable to type due to hand issues (if typing), unable to speak (if by phone), down syndrome or autistic and communication is as issue, there are a ton more but hopefully you get the idea.

[William247]

Thanks everyone for all the replies.  Just to clarify, I did not decline a reservation.  I responded to an inquiry about the strictness of my pet policy by asking the two questions we are legally allowed to ask.  Since then I have not had any responce from the person sending the inquiry.  While I agree that the portion of the inquiry about asking for a friend could be legitimate, it was the sum total of how the inquiry was made that caused my suspicion.  When a person gets a service animal, they go through an extensive training period with the animal and during that training they learn the laws that protect their use of service animals.  Which to me said that this person did not have an actual service animal.  Their avoidance of stating what type of animals the friend used as service animals also raised my suspicion, the ADA law states that only dogs and miniature horses are defined as service animals.  So, while it is possible that the friend is using both a miniature horse and a dog service animal, the odds just went down tremondusly.  And again, I don't want to reject anybody who needs and uses a service animal, I don't want guests showing up with their cats, iguanas, hamsters, monkeys and whatever else they happen to have as a pet pretending to be a service animal.  

For a quick fact sheet on the federal ADA service animal law: https://www.ada.gov/service_animals_2010.htm

Thanks again, 

William

[Robin129]

I realize this thread is a little old but want to add an experience I had this week.

I am participating in a program called bnb4vets - it provides one free night for veterans around Veteran's Day as a way of showing appreciation. 

I received a phone call from a woman asking about staying. She said she is a veteran and asked about pet policy. I told her I don't allow pets because I cannot guarantee they have proper vaccinations, or aren't sick, and I have to protect my senior rescue Boxers. She pulled the service animal card. I stammered because I couldn't recall what my legal options on inquiring was.

She offered that the dog is a standard Poodle, being trained. I mentioned that if the dog is in training it is not yet a service dog. She said it is only 5 months old and is necessary for emotional support. Again I stalled while trying to figure what I could and could not say.

She eventually said she would see if she could get someone to keep the dog for the brief time she would be in the area. If she finds someone to watch the dog she would call back. She ended with, "I could use the break." 

Having worked at our state Division of Rehabilitation Services I fully understand and appreciate the need to stop discrimination against people with disabilities. I was an Army wife for 13 years, my son is a disabled veteran. I love our vets and servicemembers. 

I also understand the level of fraud there is in the world. This person was trying to get something for nothing.