Service Dog Situation. Appreciate any help if you have gone through this situation

[Ruwan-N-Champs0]

Here are the list of events occured.

1. Host checked in on July 28th around 8:22 pm (4pm) to our property. We monitor our property via doorbell camera to make sure guest do not have any issues in their check-in process. We saw guests having a dog at their party. Never mentioned to us in any conversation about dog being present. When a party has a dog we provide a crate, pet covers, feeding bowls, poop-collecting bags etc. We go above and beyond to make sure pet and the party has a comfortable stay. This is due to dogs are not allowed on beaches where we are located without a permit and guests cannot purchase a permit. 

2. Contacted Super Host Support: On  July 28th around 11 pm to get advice on how to handle the situation. We were informed to request a pet fee payment. We sent the payment request with an explanation.

3. The guest mentioned to us that a dog is a service animal and not a pet. We made a mistake here and ask documentation.

4. Contacted Super Host Support: On July 29th requesting how we should handle the scenario. We were informed about the help article. https://www.airbnb.com/help/article/1869.

5. We informed the guest that we are not expecting a payment from the guest given it is a service dog and followed the help article provided by Airbnb and made the guest aware of it by asking the two questions specified in the article and also mentioning according to an article and we want guest to request permission if they are leaving the service animal alone. The guest responded that they use the dog for disability purposes and for a medical alert.  We informed them that they need to get permission from us if they are planning to leave the dog alone on the property because we can provide a crate. Guest responded showing they have a crate. We informed them they could leave the pet but made sure to leave the pet in the crate. The guest was unhappy but wanted to vacate the property. We informed them we would not like them to do so and they could enjoy the property given we have provided permission according to the help article.

6. Contacted Super Host Support: On July 30th and informed guests that they were unhappy about the situation and wanted to leave the property. We were informed by super host support that wait for any guest to follow any bad review or any other actions to discuss the next steps.

After guest left Airbnb contacted us for discrimination and a warning and also planned to return the full refund to guests. 

Appreciate any advice. We love dogs and we never denied the stay. 

[Dawn241]

It depends on your states laws. In AZ the law is a service dog provides a service, not an emotional support dog. People need to let you know if they are bringing a dog-period. The fact that they didn’t let you know is shady. Most people are very eager to let me know they are bringing 1-3 dogs and they mention if one is a service animal. I simply cut and paste the AZ law informing them the dog must provide a service, it can’t be an emotional support dog. And the fact they are usually bringing another dog that is not a service dog, they still have to pay the pet fee- $50 per trip, not per pet. I always keep the crates in the house at all times just in case. 

[Reese-and-Kay0]

Hey @Dawn241, I completely understand why it feels "shady" that they didn't notify him about their service animal, but it is actually legally deemed, ok, and generally accepted by Airbnb as an acceptable behavior from the guest as well. I felt the same way the first time I encountered this situation, but out of the maybe 5 service animal encounters I've experienced with guests in the last year, only 1 informed us prior to their stay.

[Reese-and-Kay0]

Hi @Ruwan-N-Champs0, I think it's great that you allow pets on your property, and that you provide such thoughtful accommodations for them. I know it's hard to find many listings that do, but service animals and their owners/handlers have legal protections that limit not only the line of questioning that you do as the host, but also the ways a host or other businesses and public spaces would traditionally accommodate/ restrict this class of animals (including whatever permitting noted by your city). It seems like you did the right thing (with the exception of the asking for documentation), which is an understandable mistake when dealing with this for the first time.

In accordance with Airbnb's policies, service animals are exempt from the pet fee, as they are not considered pets, and the guests are NOT required to tell you in advance that they have a service animal. 

However, if it is in fact a service animal, you have the right to request that the service animal not be left in the property alone (as it should be with them to perform it's duties after all). And if the animal is disruptive to your business, as in excessive barking without cause or in service to the guest, or that disrupts neighbors, etc, you also have the right to request the guest leave, after you've secured proper evidence to the violations. 

Every state has different laws that may impact this, but preparing a script for navigating this in the future helps... Here's what we use for a listing that does not allow pets:

"Hi,

We hope that you’re finding the space to be a cozy fit.

We noticed that you have a dog with you. We love fur babies, but we have a strict no pet policy for insurance purposes, unless it is a service animal required for support of a disability.

We hope you understand, but we have 2 questions for you:
1. Is the dog a service animal required because of a disability?
2. If so, what work or task has the dog been trained to perform?

Best Regards,

Reese + Kay"

Once they've answered question #1 as, yes, we respond with:

"Noted with great thanks. We hope you both enjoy your time with us, however, please note that the service animal cannot be left alone on the property. Please feel free to let us know if you have any further questions or requests 😊"

Or we enforce our pet policy if they say, "no."

[Ruwan-N-Champs0]

This was our exact response and the guest disagreed and wanted to leave the pet on the property. Due to this guest left the place and filed a case saying we were discriminating. 

[Marie8425]

@Ruwan-N-Champs0 

https://www.airbnb.co.uk/help/article/1869

• What we don’t allow:
  • When a guest is accompanied by a service animal, Hosts are not allowed to:
    • Refuse a reservation
    • Charge pet fees or other additional fees
    • Apply differential treatment
    • Use discriminatory language
    • Hold guests to different rules
  • A guest’s service animal must not be:
    • Out of control
    • Not house-trained
    • Left alone at the listing without prior approval
    • Allowed into areas that are considered unauthorised to the guest
    • Allowed in a public space without being harnessed, on a lead or tethered and not under the guest’s control

[Rebecca]

Hi @Ruwan-N-Champs0 👋

It's been a while since you posted and you've got some wonderful support here from some of our Hosts. Have any of the answers helped? 
 
If so, it's always a lovely gesture to pop a like on the comments 👍  and mark a best answer ☑️ . It's like a big virtual hug to the members who supported you and the best answer also supports other Hosts who may have similar questions in the future. 😊