so a guest shows up with a 'service animal', what are AirBnB's policies on that?

[Nancy2065]

The Federal Law supersedes the company policy, State and local laws.

[Nicholas828]

Correct finally someone who gets it 😁

[Nancy2065]

Thank you. I am glad someone recognizes that. 

[Raquel989]

Do you think the federal law supersedes for all states? I mean, it's federal law! We had a guest turn up with a "service animal" and when we asked her for a deposit after asking if it's a service animal, she attacked us stating we can't ask her to verify if it's a service animal or ask about her personal health issues (we didn't ask about her health issues). She instant booked and turned up with a Pit Bull with a vest.  We weren't home but on camera all we could see was the woman and the dog - it was late at night. I would hope that she's an honest person and that he's trained and certified. However, she  turned the whole thing into a lawsuit against us and Airbnb. She's suing for damages - she stayed, was refunded, was not forced to leave the property, was not denied equal access etc (everything she is alleging in the lawsuit) ... such a nightmare! 

[Nancy2065]

She is a criminal with intent to use the laws to her advantage. She knows how to manipulate. Sorry for your losses.

I have seen this before with other places by people with heavy breeds. The owners had to call the police and have the lady removed after she locked herself in the house. The reason was the dog jumped on people, so the owner told the police the dog "attacked" her. Then the police came out and she left the premise. 

People are taking advantage of Airbnb blurred boundaries. They can take any dog and show up saying it is a  "service dog" that way they can usually get away with it. They are empowered by the "protection" they receive. 

A Service Animal is trained to do something special to help the owner.  The law states you can only ask "what is the dog trained to do?" But people knowingly  not speaking the truth can just make something up.  

Another case that came were two young people from Mexico that first lied about their age (she was under 18). They booked for 30 days and showed up with an untrained German Shephard that was about two years old. They said it was a service animal, but it became quite apparent it was just an unruly pup. They were not bothered that they were being dishonest and pretended they could "not speak English" to avoid responsibility. 

[Nancy2065]

In my experience, the majority of problem arise from INSTABOOK. Most people using this are desperate to find a place for themselves and their dog. Others are desperate to find a place that won't ask any questions or research their background. Felons and other criminal use this venue to find a place to stay or "rent" for a while. 

I would recommend removing Instabook as an option for booking clients. Always screen your guest clients; and you can most certainly do that for your own protection.

Also, I would have check-in during regular business hours. Late check-ins using Insta-book spells trouble. If people are traveling and need to check-in late, they should get a hotel, not be skulking around the property late at night! 

There are a lot of dishonest and dangerous people looking for a place to stay where they have no accountability for their actions.  We need to use our discernment and protect the property and screen the guest. 

[Jonathan572]

You realize federal law are extremely vague so that State and Local laws typically win in court right?

[Nicholas828]

It's federal no charge in the United States 

[Panhandle-Getaways0]

Then the owner should not allow transient occupancy.  If you're renting your home its no longer just your home its a business and if you the owner are highly allergic then this is not the business for you.  

[Joan2709]

@Donna1288 

The Host who is allergic (especially Home Share/Rooms Hosts), can ask for an exemption "proactively" from Hosting Service Animals or ESAs (you would have to provide proof of this allergy to Airbnb).

You can also ask for an exemption if you own pets that are not friendly with other animals and fear for your safety, the safety of your pets and the safety of the Service Animal Owner and their Service animal. 

Airbnb Policy - Service Animals Exemptions

https://www.airbnb.com/help/article/3052

This would need to be disclosed on your listing (House Rules). I would get the exemption in writing from Airbnb and hold on to that.

[Kathy842]

So ABNB requires hosts to provide proof of their disability due to allergies, yet guests do not have to provide proof? Is that discrimination to the disabled host, requiring proof?

[Nicholas828]

Federal Law supercedes this 

[Nicholas828]

This is the federal laws stance.

"Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals." 

A hosts that refuses will have the ADA lawsuit of their life. I guarantee it. 

[Alex12192]

Of course being allergic to animal hair is a valid common-sense reason to not allow animals in one's home. Especially when many hosts are pet-friendly, why do this?

[Nancy2065]

Sincere people with genuine service dogs should be forth coming they have one.