“Service Dog” has been left, unattended in a no pets home

[Austin150]

Hi Everyone,

My guest is staying in our private room that we rent out in our home. Because we already have two territorial dogs on our property, we have a no pets policy, but we obviously make exceptions for service animals.

My guest arrived, and it was immediately clear that she only is calling it a service animal to use the loophole that hosts must abide by. This dog is clearly not a service not and does not behave like one.

In the agreement, that we discussed ahead of time, we let her know as long as the dog is with her at all times and not left unattended she would be permitted to have this "service dog" stay with her.

Today, we discover that she has left the dog unattended, not crated, alone in the room for hours and hours on end while she attends a wedding somewhere. I have attempted to contact her numerous times explaining that she is in breach of our contract and house rules. I have reached out to AirBnB and there is an open case, but no resource assigned at this moment.

My question here is what do I do now??

There has been no response from the guest and the poor puppy (the dog is an untrained puppy) is crying at the door. Do we have the right to terminate this guests contract and go in and let this dog out to at least relieve itself and to ensure it isn't doing damage?

Can we kick these guests out for lying and violating the house rules and AirBnB rules regarding always keeping your service animals with you?

What are our next possible steps.

Thank you in advanced.

[Diane752]

Mark, I'm hearing the same theme.   

Because I have a service animal, you would prefer I look at pet friendly only properties?  So I should change my lifestyle, how I travel, pay more money, with fewer options because of your opinion?    

You are incorrect about any Airbnb property, family size or owner present is not relevant, not in the federal statute.  If I am paying for the service as a renter, you don't make the call. 

This is why we have laws, because opinions get in the way of fair treatment.  

[Mark116]

https://adata.org/faq/does-ada-cover-private-apartents-and-private-homes

Although private residential housing is not covered by the ADA, government-owned or operated housing and certain privately owned facilities that provide housing are subject to the ADA and its accessibility requirements. Government owned or operated facilities may include public housing, student and faculty housing, employee housing, nursing homes, temporary housing provided in emergencies, and social service facilities, such as homeless shelters and halfway houses.

In the private sector, the ADA’s coverage of housing is limited to places of public accommodation, such as social service establishments and housing provided on or behalf a place of education. The ADA does not apply to individually owned or leased housing in the private sector not used as a public accommodation, including single family homes, condominiums, or apartments. (Many types of multi-family housing in the private and public sectors are subject to the design requirements of the Fair Housing Act.) Places of public accommodation located in residential buildings, such as rental and sales offices, commercial spaces, and hotel accommodations, are covered by the ADA Standards.

https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/gu...

[Diane752]

Mark, thanks for making my point and the most important legal data.  

'housing in the private sector NOT USED AS A PUBLIC ACCOMODATION'   

Renting to the public, makes it a public accommodation because you have patrons, you make money, you can't discriminate against service dogs.  

Here is the clarifying section of ADA law as it relates to service animals for the disabled.  

24-34-803. Rights of persons with assistance dogs.

(e) "Places of public accommodation" means the following categories of private entities:

(I) Inns, hotels, motels, or other places of lodging, except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire;
(XV) Any establishment physically containing or contained within any of the establishments described in this paragraph (e) that holds itself out as serving patrons of the described establishment.

[Sarah977]

@Diane752  "except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire;"

So, as you can read for yourself, hosts who rent out private rooms in the homes where they live, or even a private, self-contained suite in the home where they live,  are not subject to the same laws as those who rent out entire places. 

[Diane752]

If you don't read the entire law you can interpret it that way.  

Feel free to test your theory.  Airbnb will toss you in a heartbeat.   

 Good luck with that battle.   In 5 years I have never been denied a rental due to my service animal.   

[Ian-And-Anne-Marie0]

@Diane752 

You provided 'the law' by way of that excerpt because you understood that it supported your case. As others have already pointed out in this thread and as the wording proves, it doesn't support your case at all.

Clearly, for benefit of USA hosts here, your excerpt from the ADA reads and informs:

establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire are NOT places of public accommodation.

Many Airbnb listings in the USA are exempt by ADA rules.

I particularly note in the Airbnb policy you posted, and which you would now like to beat me with, there's lots of exemptions. We could start with "If you are traveling outside of the United States..." but I really don't think you would be interested in this as you are not even interested in how the ADA works inside the United States!

It's interesting discussing facts here and examining the detail, and particularly in opening our eyes to 3 main points:

1. As Airbnb point out:  In the United States... there is no legally recognized certification process for service animals. 
2. The federal service dog registration card can just be bought and has no worth.
3. Owner occupied residences of 5 or fewer rooms to rent are exempt from ADA rules and are not classified as "places of public accommodation".

[Ian-And-Anne-Marie0]

@Diane752 

The exception is quite clear there:

 ..except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire;

That is what Airbnb is based on. Using the proprietors residence. Those residencies are excepted from Federal Law based on your excerpt.

[Diane752]

You didn't read it all. 🙂  

Last paragraph:
..establishment physically containing or contained within any of the establishments described in this paragraph (e) that holds itself out as serving patrons of the described establishment.

If you take money for a stranger for rent in your home,  you are serving a patron. 

Regardless this is Airbnb's policy for all:

Are hosts required to accept assistance animals?

Generally, yes, unless there is a threat to health or safety (see below). At Airbnb, we acknowledge that assistance animals are not the same as pets and serve a crucial function for their owner. As stated in our Nondiscrimination Policy, hosts are expected to reasonably accommodate reservations where an assistance animal may be present, even if their listing/house rules state “no pets”.

When can a host ask a guest to remove a service animal?

A host may ask a guest to remove a service animal if:

1. The animal is out of control and the animal’s handler does not take effective action to control it
2. The animal is not housebroken

In either scenario, the host must still give the guest the opportunity to use the premises without the animal if the guest so chooses. Note that given their role in providing service or emotional support, assistance animals should not be left alone at a listing.

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 Nondiscrimination 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 traveling with an assistance animal. In the United States, guests are not required to provide documentation for a service animal and there is no legally recognized 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.

Can a host request additional compensation if the animal damages a listing beyond normal wear and tear?

Yes, in the same way as a host has the right to retain some or all of a guest’s security deposit to compensate for damage caused by the guest. Although it is reasonable for a host to expect that an assistance animal is well trained and will not cause any damage, the Host Guarantee and security depositare still at the host's disposal in the rare event that an accident should occur.

What if I have a health or safety concern related to assistance animals?

It’s important to be aware of the fact that the assistance animal, whether a service animal or emotional support animal, plays an important role in your guest’s ability to travel. 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. Please be clear and polite when communicating with guests about this. We also suggest you include information regarding any allergies or any safety concerns regarding your pets in a shared space in your listing description in order to better inform prospective guests.

I was denied a booking because I have an assistance animal. What do I do?

Airbnb takes reports of discrimination in our community very seriously.

If you believe you have experienced discrimination on our platform, please submit a report via this form. Please provide specific details and identify the person that you believe has violated ourNondiscrimination Policy. You can also flag messages or other content that you believe violates our policy. More information about the flagging process is available here.

We will investigate the situation and may follow up for additional documentation. We will also offer personalized, hands-on booking support to ensure you find a place to stay.

[Ian-And-Anne-Marie0]

@Diane752 

You didn't read it all. 🙂  

I did read it all, it is you who is misconstruing this.

The exception:

 ..except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire;

Is STILL applicable. It is still an exemption. 

It can be said that "establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire are NOT places of public accommodation, as you would like to perceive.

[Ian-And-Anne-Marie0]

Checking out www.federalservicedogregistration.org (the body who provides the animal ID) any pet owner can register their pet as a service animal by filling in a form and paying $35 for a registration card (and a spare one for free).

They state:

Requirements:  You have a disability (can be emotional) and your dog is trained (can be trained by you) to perform tasks to assist you with your disability. 

Register your dog now.... It's free !

With not being based in the USA, does anybody know if an official body needs to verify this training or any disability? These, and ESA ID's seem very open to abuse if all you need to do is pay for the ID.

[Ian-And-Anne-Marie0]

---

@Diane752 wrote:

Your suggestion is I travel with my service dog, yet I should change where I stay, and pay additional fees in order to accommodate the host preferences?   

Regardless of being disabled and having a service animal with a legal right to stay with Airbnb providers?  That is what discrimination feels like.   

---

Help me understand.

Why can you just not find and book some accommodation which is going to be most suitable for you and your animal, with facilities that will properly cater for both your needs rather than one which is unsuitable for whatever reasons?

[Diane752]

Sure.  It's really simple. 

When I travel all accommodations suitable for me and my animal.  She goes with me everywhere, restaurants, hotels, airports...she is a service animal, that is the point.   

The hosts feel it's unsuitable for me to travel with my service animal, my point is it's not the hosts place to decide where I am allowed to stay.

Hosts opinions about how I travel are completely irrelevant here.  

[Christine615]

@Austin150is in Austin Texas. Airbnb can't override federal law. Federal law does not apply ADA requirements to private homes. So although she's renting a room in her home she's not technically a public accommodation.

There might be a case to be made if this was a true service animal, but several attorneys across the web have already weighed in on the issue of private citizens NOT being required to accommodate an emotional support animal.

If the law were rigid, then airlines, etc. would be required to take any and all service animals peacocks, squirrels, snakes, etc.  regardless of the harm to other passengers or number of animals on the plane - which they are not. They're allowed to ask for medical paperwork and limit the number of animals.

The point of having a service animal is that it is with the guest at all times. Not it is locked in a room unable to go to the bathroom, etc. And although we are not allowed to ask to see the paperwork, there are so many scam artists out there flouting the rule that I think it's time Airbnb stop putting out blanket policies.

@Austin150needs to document all communication on Airbnb's platform and also document any damages the dog is causing. Frankly, I would take it on a walk. But then buy a cage and put the dog in it with puppy pads and charge the guest. The guest behavior is outrageous. She can't take her dog to a wedding but can leave it in a stranger's home unattended?

Doesn't pass the smell test.

Again - hotels are public accommodations. Someone's private home is not. Airbnb collects fees, it doesn't own or manage property. About time hosts made that point to them. But in the interim, hoping no one gets hurt by these flagrant violations. It is only a matter of time before a kid gets mauled by someone's "emotional support" animal that Airbnb is going to be named in a lawsuit. Recently a child got mauled on an airplane by someone's emotional support pit bull.

https://www.washingtonpost.com/nation/2019/02/28/an-emotional-support-pit-bull-mauled-year-old-girl-...

I also found this elsewhere:

".....The Fair Housing Act covers all types of housing overall. In very limited circumstances, the Act exempts buildings such as owner-occupied four-unit buildings, single-family houses either sold or rented by the owner without an agent, and religious or private club operated housing....."

Also - From the Federal Governments own guidance (source:  19ServiceAnimalNoticeFHEO_508.pdf)

".... to avoid possible ADA violations the housing provider should apply the ADA service animal test first. This is because the covered entity may ask only whether the animal is a service animal that is required because of a disability, and if so, what work or tasks the animal has been trained to perform. If the animal meets the test for “service animal,” the animal must be permitted to accompany the individual with a disability to all areas of the facility where persons are normally allowed to go, unless (1) the animal is out of control and its handler does not take effective action to control it; (2) the animal is not housebroken (i.e., trained so that, absent illness or accident, the animal controls its waste elimination); or (3) the animal poses a direct threat to the health or safety of others that cannot be eliminated or reduced to an acceptable level by a reasonable modification to other policies, practices and procedures.15..."

So -in answer to Airbnb's blanket international policy - In the United States, ADA does not apply to owner occupied residences, places where health issues (such as allergies) pose a direct threat to safety of others, or where the animal is unable to control is biological need to go to the bathroom and is not trained to provide a service.

I don't know why they just don't create a separate subcategory called "Pets and ESA Welcome here."

[Lisa723]

@Christine615 this argument misses a critical point. Nobody has any intrinsic right to list their space on Airbnb. If Airbnb wanted to restrict its listings to houses painted red it could. Likewise if it wants to restrict its listings to places that allow animals it can. It is perfectly within its rights to require hosts to do things that no law requires them to do, as long as those things are not prohibited by law; and accepting animals is not prohibited by law (in most communities).

[Christine615]

@Lisa723 

And yet it doesn’t do that does it? It does allow exceptions otherwise I wouldn’t be able to state I can’t have animals due to allergies. Airbnb is very sensitive to accusations of discrimination and constantly stresses inclusion. 

So I could, along with other hosts with health issues accuse them of discrimination by forcing hosts to forgo their own health and safety to accommodate a stranger for some purposes of collecting their fee.

They don’t so your point is moot. Airbnb is stuck, frankly. One death or health episode in the news for being inflexible is the death of their IPO. The airlines are cracking down for that very reason. It’s why airlines no longer serve peanuts on a plane since even the aroma could hurt someone.

What they should do is advertise “animal allergen free” as a category as there are a number of guests who book us specifically because of our policy.

So to counter your point, no guest has an intrinsic right to put another person’s health or safety at risk. That’s a lawsuit waiting to happen. People with allergies have as much right to host as those who don’t.