Service Animal brought without any notice - and cats live in the rental....

[Maggie46]

Hi all,

I had a family of 4 show up Friday evening.  I had written to say welcome and pls lmk when you arrive safely.  I didn't hear anything so the next day checked my disclosed security camera on the front porch.

I was surprised to see a dog walking in and out of the house.  As well as another person, who isn't a registered guest.

I inquired, was told it was a Service Animal, and I understand the important purpose they play for a human, and have no issue with that in and of itself.

However, my listing is my Home and i rent it out when away and it's called:  Enchanting Cottage for Art & Cat Lovers

I'm floored the guest did not tell me ahead of time, and my cats are freaked out.

I understand he doesn't have to, however, he asked for a later check out and I had extended it by 7 hours, no charge.

it feels really weird, especially since my cats stay there, and he said his kids love cats...

On top of that, I overheard complaining about my petit magic mural room upstairs, and commented - if your kids are uncomfortable, one of them can sleep on the couch.

In any case, its such a bummer bc previous guest was lovely.  They have now asked for a refund, partial and say they are uncomfortable by all my messages, that a "neighbor" was watching them and entered the yard and took pictures of their car...

It's curious b/c this came AFTER I contacted Air bnb about the Service Animal to see what guidelines I needed to follow.

It's not even that it's there- it's they didn't disclose, cat bowls on ground, I would have prepped house for it with towels thrown on couch etc...

I asked Air bnb to ask them to take a picture if they could of "neighbor" in yard, and didn't believe a neighbor would do that....so if it's a trespasser, call the police.

Oh, they also stated I listened to their family conversations.  Which i overhead as they were checking in and only in vicinity of the disclosed security camera.

It's listed in the description.

They clearly didn't read the description, note that I even state the dimensions of the petit mural room bedroom, list a security camera etc...b/c at one point the woman of the couple- looked up when her and her husband were discussing it, and saw the camera and said - Oops, there is a camera!

She had earlier asked him - husband, if she should put the dog in the car for the night and he said no, it will smell....

In any case,

I'm not comfortable at all with the situation but don't want to offer a refund.  This has been eye opening.  And advice?

They are checking out tomorrow I guess, as they asked Air bnb to ask me to stop messaging them...

Should i take the upper road, and still let them check out 7 hours later?  

Will they leave a crappy review in any case?

Was a neighbor really watching them or were they reaching for straws?

Pls advise!!!

ty-

Maggie in Burlington

[Greg2406]

@Maggie46 

Service animals must be declared prior to booking.  Did you have this clarified in your listing?   

Hosts may not refuse service animals, however,  a Host may and should charge extra fees for cleaning and sanitizing.   Because the Guest did not notify you of the service animal at the time of booking, you would be justified in requesting extra fees, and also even if they did notify you. 

As far as the cats go, you need to have a backup plan in the event that someone does brings in an authorized SA.   May not be what you want to hear, but you must have a contingency in place while your listing is active.   The SA should be registered as an SA and the Guest should be required to show you proof at check-in.    Anyone with an SA should already know that this proof may be required and if they were smart, they would carry it with them while traveling.   Anyone can slap a harness on an animal and call it a service animal,...ugh, no,...documentation should always be mandatory.   

As a vet, I am aware of many many around me with SA's.  They all have them registered as such.   Someone occupying your property is no different.  

[Kia272]

@Greg2406 Sorry, but most of what you've told @Maggie46  is just plain wrong. 

The AirBnB policy on service animals is here:

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

The animal doesn't have to be disclosed prior to arrival, and the host cannot charge any additional cleaning or other fees, and a host cannot ask for proof that it is indeed a service animal. Follow the link for all of the details. 

I don't necessarily agree with most of this policy, but you have misinformed Maggie46. 

[Greg2406]

@Kia272 

Policy is correct and it states;  "A Host may qualify for an exemption in certain circumstances — for instance, if the service animal directly threatens their health or safety."   You are correct on the fees statement and not requiring proof of the SA. 

Policy noted, the presiding federal and state laws would prevail, and for the most part, policy does follow ADA, FHA and a host of other federal and state laws.  

From the FHA:  Fair Housing Act (FHA): Landlords must make reasonable accommodations for service animals and emotional support animals (ESAs) as long as the request doesn't cause a hardship for the landlord or other tenants. 

We have had many guests and friends that have severe allergies to dogs and cats, some so severe that it requires them to carry epipens with them.   I would say that an allergic reaction so severe that it can cause anaphylaxis would be considered a life threatening health and safety issue and one that any Host or listing platform would most likely not wish to challenge.   

Perhaps this is a very good topic to cover with a few attorneys to see how the law(s) differentiate from policies.  I happen to currently be working with the top PI attorney in the state and will be interested to here his take on this subject.  

Thank you for pointing out my misstatements, I was wrong as it applies to ABB policies.

[Frances3408]

@Greg2406. Greg, yes I'm waiting for the first wrongful death suit from a guest impacted by pet damper in a no pet accommodation here. Where's a good ambulance chasing lawyer when you need one?. I host both types but in my no pet I still worry that someone brings a SA that I apparently cant refuse.

[Cheri354]

FYI: as per airbnb policy; if host also lives in the home, you can refuse all pets/animals if there are allergies.

I don't think it's a service animal if they were discussing having it sleep in the car. An SA is with their human at all times.. Are your cats inside or outside pets ? Are they comfortable with guests coming in while you're away ? Could they stay in a basement area or some place else away from 'strangers' ?

Do your neighbors know you rent out your home ? Perhaps one saw that you had left for a while and then was concerned when strangers pulled up and entered the house.

[Lisa9820]

All of what you said makes sense

[Maggie46]

Thks Cheri

cats are ok-friendly with guests. However not with unknown dogs- Service Animals would stay by hunan’s side at all times and not bother them. 

I did ask guest the permitted questions as outlined in policy- re is your SA trained robassist with a disability and what tasks do they help with.
no reply

so I have written Airbnb to see if rhey offer Back Up to assure authenticity.

i am all for having SA’s but not faux ines that are not disclosed!

[Maggie46]

Oh and YES my neighbors know I rent my house. 
They would not do that. Guest felt they were being watched - they reported to Airbnb and asked for a refund. 
They had not read the listing or did not note I had a disclosed wxterior security camera on front porch- and this is How i saw the dog. I also overheard them etc and addressed it in a message to them, which I probably should hve let go. 

i felt disrespected not hving the dog disclosed, esp since I had hd lots of communication with Guest, he and his wife stated their girls were excited about the cats, and I had extended their Check out time 7 hrs per request at no charge. 

I felt manipulated- why express excitement about my cats and not ask oh- how are they with dogs?!  Even SA’s? Just to help me prepare. 

iIt was their not disclosing it - Which I get they don’t have to. (Which is weird to me) Guest stated Hosts will cancel on them if they know have a SA, so Air bnb advised them not to disclose?!

But IF hosts are required to accept SA’s then Guests should hve to disclose in advance, and hosts be penalized or unable to cancel, right?!

thanks!

[Maggie46]

I don't think it was either, but my question is:  DOES AIRBNB DO THE LEG WORK TO VERIFY A GUEST IS BRINGING AN AUTHENTIC SERVICE ANIMAL?

or

DOES THAT RESPONSIBILITY LIE WITH THE HOST, when something is amiss.

The dog was not with them all the time, was left at the house. Neighbors know I rent on Air bnb sometimes.  I think they perhaps made that up as fodder to cancel their reservation and get refund, once I asked them the AIRBNB permitted questions pertaining to Service Animals which were not answered.

Soon after, they asked to cancel and for a refund.

[Rebecca]

Hi @Maggie46, 

That sounds like a tough situation, but hopefully the advice and insights from our community of Hosts has provided you with some great feedback. 

Has there been any progress since you last reached out to customer support? Please let us know what happens! 🙂

[Maggie46]

Hello Rebecca,

Thanks much for your message.  Customer support elevated my questions/concerns to another department.  There were still NOT responsive to my queries and seems to be sidestepping the issue/question. Just sending me links to policies which I have read and re-explaining what past customer service staff responded.

My pressing question is: 

IF AIR BNB PROVIDES BACK UP TO VERIFY THE AUTHENTICITY OF A SERVICE ANIMAL?

I feel they should, just as they verify the authenticity of a guest's Identity.  It would save Hosts much trouble and surprise, as to this guest bringing one without telling me.  As well it would serve those folx with Service Animals by them being confident all is on the up and up and their service animal has been verified. Unfortunately, it seems some are taking advantage of the Service Animal category.

I believe they probably do NOT verify the authenticity of Service Animals at Airbnb and thus are avoiding the question all together.  Do you have any insight as a Community Manager?

Thanks much!

Maggie

p.s. - Again, I'm happy to host guests with Service Animals.  I just would like the onus of verifying that on Airbnb when an issue arises such as this. Very stressful and while it stressed me out, I believe the guest was too.  

p.p.s.- I also asked the Questions to guest I was permitted in the Airbnb Policies - they did not respond.  They asked for a refund and left a day early.  

Maggie

[Rebecca]

Hi @Maggie46, 

The only information I have on this matter is the related policy which, I believe, you've already read. If you have more questions than it answers, contacting customer support again to explain what you need clarification on is the best thing to do: www.airbnb.co.uk/help/contact-us/

Rebecca 😊

[Maggie46]

Thanks Rebecca-

I have and am as they aren't responding to my question - "Does Airbnb take on the responsibility of verifying the authenticity of Service Animals for Hosts when there is an issue?"  and "Do they take on this responsibility at all?" I welcome authentic service animals that play an important role in supporting their humans.

If Yes, great- how does it apply and what can hosts do to get this information?

If No, I would like them to please consider verifying authenticity of service animals, similar to how they carry out guest identity verification.

With the responsibility on the Host, it creates awkward situations for both guests and hosts that could be eliminated pretty swiftly:

IF ahead of time Airbnb would take the measures allowed under,  The ADA Act, in the USA at least, (where my home is,) to verify service animal status.  https://www.ada.gov/topics/service-animals/

Unfortunately what is occurring, is that companies are popping up and provide "faux" service animal id cards which are not actually a thing...

I really think it's the Airbnb umbrella company that ought to vet this with Guests ahead of time for smooth stays and relations between hosts and their guests.  

Many thanks,

Maggie

Disabled Host who gets it and would like support in Service Animal verification

(While I'm disabled and need certain accommodations to have equal access to certain things, I do not use a Service Animal.  I have been required to provide a medical note from my doctor stating that I do indeed have a disability to verify my request for accommodations though in a couple work situations. No problem- and was able to get it provided swiftly.

p.s. - Organizations often have their Own Form they provide to disabled folx seeking accommodations.  I wonder if Air bnb could do the same and help Guests out who have Service Animals to smooth the pathway for easeful stays and put Host's minds at ease as well?

[Frances3408]

@Maggie46. Maggie, I would have focused on the extra, unregistered guest, contacted Airbnb and told them this then asked them to cancel the booking.

Service Animals are a very tricky area so I would also get familiar with your local rental laws, as Airbnb rules dont override jurisdictional ones, especially if its ordinarily your home.

Lastly, tighten up your House Rules and add lots of detail re bringing an animal, pet or SA. If you are too accommodating someone will always take advantage.