Why can I not refuse guests with service animals?

[Vivian860]

I am at a loss...AirBnB says we HAVE to accept service dogs. This is not ok with my homeowners insurance or my attorney. As a host I have to consider all this:

- Other guests with allergies

- Service animal potty in/on furniture

- Scratching up wood floor

- Tearing up furniture or fabric decor

- Barking (I have other guests in the same building)

- Dog not being on a leash

- Picking up after animal and where do they discard that

- Dog attacking my dog, guests, etc. whos insurance will cover that attack?

- Renting a fabric cleaner to remove pet allergens 

This is simply unacceptable and AirBnB must side with hosts and not guests. I have a house rule that excludes pets; this should undoubtedly include service animals. There are plenty of other hosts that are fine with accepting animals but the hosts that do not should not be required to accept them just because hey are deemed 'service' animal. 

I think AirBnB should give hosts that do not accept service animals or any animal the option of holding an extra down payment of our choice; incase damages are done and cleaning, show proof of guest's homeowners/tenant insurance policy that has coverage for their pet, no continual barking or they must leave and must be leashed at all times when on the premises. 

[Amy1089]

@Janis103 There is actually NO such thing as a hypo allergenic dog, shedding or non-shedding.  ALL dogs have dander and that is what causes the allergy/allergens. 

[Bob1257]

Im starting listing with a tiny house in prestine oregon coastal forest with rare port orford cedar trees, I dont want any animal peeing or pooping in this delicate eco sytem. Do I have a leg to stand on denying them. 

[Anthony608]

@Vivian860 @Sarah977 - I had my first experience with this policy last night.  At 10:45PM I received a request for a same day booking with the guest stating they were "on their way over" (really not possible since they didn't have the address yet) and they would be bringing their dog.  I replied that we didn't allow pets due to shared spaces with other guests and also allergy issues with the host family.

The person then sent a lengthy message about how I was violating the law and they were protected by AirBNB since this was a service dog.  I responded that I didn't know what the rules were about service dogs (I didnt then, but do now), but that our no pet policy was mainly due to allergy concerns.  I also threw in that 10:45PM was way too late to check-in on a same day arrival since we wouldn't have time to prepare the room.  I advised they seek elsewhere.

After a second message, with the same rhetoric, the person must have then seen the allergy comment and changed their tone and said they would find another listing and that they were "just checking".  I agree with the comments here - this is a very flawed policy because people could just lie and bring a dog, service or not.

I actually used to work in privacy protected records and, once it got out all you had to do was say you were the "closest living relative" to get access to a deceased person's records, people were just saying that with no proof required until we finally did ask for proof.  Its the same thing here.  AirBNB should require these people to register their service dogs and have a special notice on their account.  Otherwise, people will just lie.

[Sarah977]

@Anthony608  You and I are lucky in that we are home-share hosts, so we don't have accept service or emotional support animals if it poses a health or safety issue.

I don't have allergies, I have a dog of my own, who is intolerant of other dogs on her territory, therefore it's a safety issue. The last thing I need is some big vet bill because my dog attacked someone else's.

[Sarah4009]

@Sarah977 

I just had an awful experience where guests didn't  mention pet until they were on their way and then oops- just noticed no pet policy-hadn't read the House Rules.  When I said that was the policy and I didn't feel comfortable changing it, she apparently read B&B's policies  and 1 hour before arriving messaged me that it was an ESP. Needless to say, it turned into a disaster  with 0 support from Airbnb. 

So to avoid issues in the future:  I also home-share and have a dog who is very aggressive with other dogs, so it is a safety issue for me, as well. WHERE ON MY LISTING WOULD I INDICATE THIS? I don't  want to scare away the non pet people who would like to book?  Many thanks. 

[Kristin108]

@Sarah4009

I would suggest you put the information in your description, house rules... And the 'What Guests Should Know...' section...

This is what Airbnb says about hosting... You certianatally have a valid reason and should make a case against Airbnb for causing you frustration and grief over a disturbing incident...

"Health or safety concerns

If your listing includes a shared space and an assistance animal would create a health or safety hazard to you or others (EX: allergies or potential issues with other animals), you don’t have to host the guests with the assistance animal. Please share this information on your listing to avoid any potential disappointment and be clear and polite when communicating with guests about this."

[Jonathan6]

I also have now experienced this for the first time in 20+ years of renting an STR.  A guest instant booked and then stated they were bringing their "Emotional Support Dog".  My listing does not allow for pets as the condo association does not allow "guest" pets on the premises.  I asked the guest to provide documentation stating that the owner required a support pet due to a diagnosed condition (within my rights under the law).   The guest only stated that they would provide documentation that the animal was a support animal (from a web site you pay a fee to get a certificate).

After the guest could not substantiate the need, I suggested they cancel, but she refused as she didn't want to be exposed to the ABB service charge.  I contacted ABB and was told the case would have to be escalated to a special department that handles these issues and I would receive a return call.  Each day for 2 days I followed up multiple times with ABB and they acknowledged the department would contact me.  On the 4th call 2 days later, I finally got an agent who read the thread and saw that both myself and the guest had agreed to cancel and he put the cancellation through on their end with no penalty to me as a host (instant book policy of allowing for 1 cancellation per 10) and refunded all costs and fees to the guest.

1 day later I get a message from ABB telling me I had to accept the dog.  ABB just stated their policy in a form letter but did none of the work that I did to try and get the guest to substantiate that the pet was in fact a support animal to meet a specific condition.  I would never deny a person with a specific disability where a support animal is required.  My cousin with MS relies on her support animal for her day to day life.  It's people that are abusing the regulations that make it hard for legitimate users of well trained, necessary support animals to have access to properties.

There are several issues here that must be addressed:

1. As airlines are doing, ABB must create a standard for documentation for a guest for a support animal.
2. Recognize that FHA and ADA to not consider STR's in their regulations.
3. From an ADA standpoint, they have opened a Pandora's box, since they are recognizing a claimed disability that can be overcome with a service animal, but ignoring all the ADA requirements for access (i.e. ramps, hand-rails, doorways and other handicap access fixtures).
4. There must be more that can be done by the standard agent at ABB to give them the tools without escalation to make a determination on a situation like this as this did a disservice to me, the guest and ABB by not getting the property quickly relisted allowing me to get another guest and the guest to do another booking and ABB to make their commissions.
5. There should be a check-box on the reservation page for a guest if they plan on bringing a support animal and be presented with a supplemental agreement to affirm the need, submit their documentation and agree to an additional damage deposit (supported by FHA regulations-link below).
6. Hosts should be able to identify their listing as "non handicap accessible" so guests can filter out these locations if they have a special need.

Respectfully submitted.
https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals

[Helen3]

Call Airbnb back and provide them with confirmation that your HOA doesn't allow animals within your building @Jonathan6 

If the booking goes ahead . you can ask the guest to confirm what activities/support the dig offers. You can also confirm as an emotional support animal it cannot be left at the listing and must be with her at all times .

[Jonathan6]

@Helen3 You will note in the thread that I did contact ABB by phone 4 times.  They refused a call back and did not message back for 2 day from the department that handles this.  When they did respond after both parties had mutually agreed to cancel, they refused to take action.

Their response was: 

"I understand your property has a pet restriction.
and that has a "No Pets" policy, which is common. However, assistance animals are not pets, and so are typically allowed to enter places where pets normally could not, sometimes by legal requirement. "

Also, the policy flies in the face of FHA and ADA guidelines:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No.  These terms are used to describe animals that provide comfort just by being with a person.  Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.  However, some State or local governments have laws that allow people to take emotional support animals into public places.  You may check with your State and local government agencies to find out about these laws.

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

The burden should not be on the host to dispute, but for the guest to provide the proper documentation to ABB for a "Service Animal".

[Jeff1853]

@Jonathan6 HOAs are not allowed to restrict or deny service animals, and the ADA nor the DOJ require documentation for service animals. The burden should not be on the guest, as that would be discrimination against their disability. A service animal is considered a medical device or an extension of the person it serves. If damages occur to a property, then you can assess damage fees just as you would to a person who damages the property. The fact that it is a service dog doesn't waive it from damage fees, but it does waive it from pet fees, additional cleaning fees, etc. This is because, as stated previously, it is considered an extension of the person due to the tasks it performs for the person.

[Jonathan6]

@Jeff1853 Emotional Support Animals are not service animals.  You will note in the ABB response that they use a term "assistance animals", there is no definition in any official documentation for a term "assistance animals".   The HOA does not restrict "Service Animals".

It's important that the correct terms and usages be recognized.  There is a need for Service Animals and there may even be a need for support animals, but until legislatures and agencies recognize Support Animals as necessary ABB should not be taking a position to force owners to accept them or be forced to make a decision on what is valid.  Are you going to allow an emotional support goat in your home?

See the ADA definition here: https://www.ada.gov/regs2010/service_animal_qa.html

[Fred187]

@Jonathan6 This is my gripe as well. True ADA service animals are, by law, required to be allowed pretty much everywhere, even in condos that restrict animals. But so-called "emotional support animals" are NOT recognized in ADA laws. Most airlines, hotels, and other travel service companies have now cracked down on this so-called emotional service animals trend, and I believe it's time for ABB to do the same. 

It is legal to ask certain basic questions about service animals which I think Airbnb needs to do for guests who need true service animals. E.g. 

• Is the service animal required because of a disability?
• What work or task has the dog been trained for?
• Who does the animal provide the service for?

[Tara667]

I agree....they should have to disclose and provide proof of the animal's qualifications. 

[Fabiola118]

I am a host in Maine, and I happen to have an ESA dog myself. As such, I am well versed in the differences between the "perks" that are enjoyed by an owner of a Service Dog vs those of an ESA animal, and I know that the non scrutinizing stipulations that Airbnb claims to be as per ADA, do not apply to ESA dogs--in other words, Airbnb is misrepresenting the American Disabilities Act, as nobody is forced to accept ESA dogs, owners are not immune to being asked for documentation, and they do not have the right to stay free of charge, like a real Service Dog does. And frankly, if someone does happen to have an actual Service Dog, I suspect they would have no problem notifying the host before hand, out of good manners alone, and probably offer to show documentation--after all, they have nothing to hide and not likely to be bogged down by strident urges to defend their right to secrecy (if you are blind, thus the seeing eye dog, but if you are a lunatic, it's understandable that you wouldn't want to have to defend your llasa apso.) 

The way airbnb has set up their new and improved platform makes a host vulnerable in various ways:

    - the "pets allowed" property search filter has vanished

    - the booking menu ignores pet fees x night, and if they ever did change it, I would be surprised if they figured out how to cap it (I charge x night, max 7 days, so a guest staying 2 months pays 7 days, not 60)

    - the booking menu actually encourages people to check and see if their dog can pass off as ESA with a link, in bold underlined, that says: "Do you have an assistance animal?" And I would like to reiterate that a Service Dog is NOT a pet and raising the questions next to the "how many pets" option, is a flirtation with trouble.

    - the booking menu actually advertises "please let your host know if you are bringing more than 2 pets"  (the implication being that you no longer have to notify a host if you are bringing 1 or 2, never even mind a pet fee!)

In short, all of a sudden, airbnb says 2 pets allowed without notification, if you say it's an ESA dog the host can't challenge you by asking for documentation, and if you do follow the rules of ADA instead of Airbnb's interpretation, customer service told me that Airbnb will stand behind the guest, crying out discrimination against the disabled. What's next, racist? 

To offset the potential marketing and sales damage that this new platform presents for a host, Airbnb CS suggested I write out my pet rules and fee structure in my House Rules, which I already do, but as any savvy marketing host knows, it creates bad business to have to defend your more selective rules when Airbnb plays the dopey, earnest entity that sits in the booking menu acting like everyone is welcome, all pets are welcome, free of charge (check the link to see if your pet can stay for free), and hopefully the nasty host won't cramp your freedom.

There really wouldn't be any difference if Airbnb included in their booking menu a link saying: "do you want to have a party? If you invite more than 5 people, please let your host know"

2 years ago, I bitterly complained about there not being a pet fee at booking, like the cleaning fee for example. The resolution center was my only option, so I made it work by calling it an invoice that I send guests prior to check-in and I have managed just fine.

Airbnb is not a hospitality or real estate company: it's a software company. Furthermore, it is supposed to be a colleague to the hosts more than defender of guest rights to walk all over their hosts. Aibnb's success is completely dependent on the success of its hosts, and writing-in the code for a proper pet fee booking option should not represent such a logistical challenge for them, it should be a matter of a few key strokes (VRBO has already discovered the algorithm  and even implemented it years ago!)

Airbnb faces increasing competition, like Google and Booking.com or Expedia. I am lucky to have a place in an area that enjoys solid bookings all up and down the coast, and I already have my listing on VRBO. The only reason why I hope Airbnb figures out some of the basics and stops pretending to care about host's concerns, or pretending to be working on figuring out how to resolve the (really simple)  issue, is that I am childishly attached to the reviews I have accumulated so far. But I recognize that if nothing is done about this, I will have to grow up and do what's best for my business, limit my exposure to potential abuse, add other booking platforms so to distribute my eggs in safer baskets, and put behind me the foolishness I feel from having acted with loyal gratitude towards Airbnb.

[Anne10379]

AMEN! Let us know if airbnb does anything about this!