Why can I not refuse guests with service animals?

Answered!
Vivian860
Level 5
Richmond, ME

Why can I not refuse guests with service animals?

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. 

1 Best Answer
Bhumika
Community Manager
Community Manager
Toronto, Canada

Hi @Susanna169 ,

 

Thank you for sharing your thoughts on this thread and I wanted to assure you that Airbnb emphasizes inclusion and respect for all its users.

There are several policies in place with respect to accessibility and inclusion, which Hosts are expected to abide by when they start hosting on Airbnb.

 

I wanted to share these policies for your knowledge and should you face any issues that violate our Airbnb policies including our Accessibility Policy, Airbnb's Nondiscrimination Policy and Community policy for accessibility needs, we would encourage you to report it to Airbnb by contacting Airbnb Customer Support.

 

Have a nice day ahead!

Bhumika

-----

 

Please follow the Community Guidelines

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94 Replies 94
Mary-Lynn-And-Bob0
Level 2
Heber City, UT

I would welcome a TRUE service dog.  These dogs are so well trained they would not cause any of the problems Vivian suggested. My grandson has a service dog for his epilepsy and the family spent a lot of money and time training the dog.    

 

The problem is everyone is now saying their dog is a "service" dog or a "comfort" dog when in reality they are the family pet that the owner doesn't want to leave behind.  Unfortunately, there is nothing owners can do to validate a real service dog vs. a vacationing pet.  We just have to deal with it and clean up the mess.

 

 

Ashley1875
Level 1
Atlanta, GA

Hi! Attorneys practice many different areas of law. I am certain that you would not want your cardiologist to perform brain surgery on you. Likewise, you would not want your “attorney” to advise you on an area or law that she is not an expert in.

 

The simple fact of the matter is that your “attorney” is wrong. You most likely already know this,however, considering that a quick google search would have answered this question for you.

 

Certainly, nobody agrees with the all of the laws of this country. While you may disagree with Airbnb’s rules, which are compliant with the ADA,  you must abide by the law as an Airbnb hist.

. FORTUNATELY, I have a screenshot of your post, which will be incredibly valuable to any and all civil rights litigation you are obviously bound to face. 

 

While I appreciate your respect for your “attorney’s expertise, I would advise you to report your “attorney” to the state bar. This “legal advice” does not comply with federal ADA law, which would is something you may want to read up on considering how valuable your clear and obvious opinion is on the law. Your “attorney” probably  already told you, but I will emphasize that ignorance of the law is NEVER EVER EVERRRR a legal defense. 

Rebeca233
Level 1
Mahomet, IL

I have a service animal. He is professionally trained to assist me with my disability.  I spend a lot of money for his trainning . He is not a pet but a professionally trained animal to help me to live a normal life. It is not different than having a guest using a wheelchair.  Will you deny a disable person access to your property? My advise to you is not to offer your property as a rental if you can not complied with the ADA , Deversity, Equality, Inclusion and Accessibility Act. It is the law and you can not get around it  encouraging penalties. 

Paul11236
Level 2
Raleigh, NC

For all the folks who can't be bothered to read what they are agreeing to in their pursuits of profit (let's be honest, that's what this is all about):  The FEDERAL GOVERNMENT has established FEDERAL LAW to protect people with disabilities c1990.  Part of that FEDERAL LAW protects those with disabilities from discrimination and denial of services for protected groups [service animal (dog or miniature horse) handlers], and specific to this thread, housing and lodging.  Denying a FEDERALLY PROTECTED service animal or their FEDERALLY PROTECTED handler is BREAKING FEDERAL LAW (and likely one or more State and/or Local laws too).  

If you want to know why AirBNB does not allow you to refuse FEDERALLY PROTECTED service animals and their handlers, perhaps learn about the FEDERAL LAW that requires AirBNB to comply, as well as their hosts, or anyone else doing similar business.  AirBNB has no option to ignore the demands of the FEDERAL LAW.

Here is the relevant Airbnb policy (https://www.airbnb.com/help/article/1869 ["Guests are allowed to be accompanied by service animals during a stay or Experience and are not required to disclose the presence of a service animal before booking"]) and, more importantly, the relevant ADA law (https://www.ada.gov/law-and-regs/ada/#subchapter-ii---public-services-title-ii [Section 12181.7 A is specifically of note here]):

Sec. 12181. Definitions
As used in this subchapter:

(7) Public accommodation

The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce

(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

(B) a restaurant, bar, or other establishment serving food or drink;

(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment;

(D) an auditorium, convention center, lecture hall, or other place of public gathering;

(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(G) a terminal, depot, or other station used for specified public transportation;

(H) a museum, library, gallery, or other place of public display or collection;

(I) a park, zoo, amusement park, or other place of recreation;

(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

Also, perhaps learn about your own rights as hosts...there are some things you may ask for, things that actual fake handlers would likely be unable to easily answer, given they do not have an actual disability.  From (

https://www.ada.gov/resources/service-animals-2010-requirements/#inquiries-exclusions-charges-and-ot...😞


Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.

Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.


Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.


A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.


Establishments that sell or prepare food must generally allow service animals in public areas even if state or local health codes prohibit animals on the premises.


People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.


If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.


Staff are not required to provide care for or supervision of a service animal.

 

 

Side Note:  AirBNB, VRBO, etc should be requiring far more meaningful pre-host training and annual refresher training to potential hosts/established hosts.  From reading this thread and others, it is amazing how many of the hosts have zero idea what they have agreed to, and when it comes to federal protections and anti-discrimination laws, that is unacceptable.