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

Conrad1
Level 2
St Augustine, FL

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

 
64 Replies 64

I'm curious if you have reviews mentioning your service animal. If it's required to be with you at all times, but the guest with the disability doesn't have any reviews mentioning their service animal, isn't that a

little odd? I don't know the laws around reviews animals that assist their owners, but I would think it would be good to give your service animal credit for being a good guest too.

If the dog is trained to assist a person with PTSD it's a service animal. 

 

Federally ESA and SA are different but for Airbnb they are viewed as one in the same. 

This statement is true if the dog is trained to perform SPECIFIC TASKS related to the PTSD--correct.  The language of ADA is very specific that it is not merely that the dog is trained to BE with a disabled person, but trained in SPECIFIC, life-saving or basic function tasks and the person with the disability is obligated to describe these specific tasks if asked.  If they cannot describe specific tasks related to the disability the accommodation can legally be denied.    

 

Of course, any smart person with a fake service dog could just memorize verbiage of specific tasks.  However, if it was later observed that the service animal was not performing these tasks, it would be clear evidence of service dog fraud, which is a crime.  

 

It's also very clear in the ADA language that service animals must be under the control of the person with the disability at all times.  This means if it's barking left on the balcony while the disabled person who has asked for accommodation because they cannot function without it goes out for drinks with friends without it, you now have evidence of service dog fraud.

 

This area has not been tested much legally, because up until recently people were just decent human beings who would never dream of faking such a condition to get a free trip with their pet or avoid a pet deposit.  Now, in the era of entitlement, there is an explosion of "me-first" abuse, which eventually will be legally challenged.  Hopefully the courts will eventually cause a rewrite of the ADA as it clearly applies to another time and place and underestimates the selfishness of too many people.

 

I agree with most people that this current system is a horrific system.  It allows people with fake, untrained service dogs to ruin it for everyone.  Ideally, it should be handled like handicapped placards in vehicles.  When showing up at a business or hotel, just have the license visible and readable on the animal and matching a national database that can be verified, or on the possession of the disabled person so that they can quickly show it to the hotel or airbnb or business when asked upon check in.  This would make it easier and quick for people with disabilities and cause much less abuse.  It would also legitimize actual disabled people with their service animals so they aren't getting the same sideye as the fakers all day.  Not sure why no legislators have jumped on this as it's becoming a huge mess.

 

I also agree with other posters, that Airbnb has lumped service animals in with emotional support animals, which was never the intention of the ADA law.  

 

Since Airbnb has done this, it seems it's better just to say it's an emotional support animal.  Lying is king with Airbnb regarding this topic it seems.  No one at Airbnb has foreseen that people might lie about it apparently.  Federally, there are no protections for emotional support animals in hotels or temporary accommodations as far as I am aware, so a host could ask for proof, however, it looks like Airbnb is not being clear on whether or not this is consistent with their terms?

 

I'm not sure why Airbnb is going the extra length to accommodate ESA's but it's likely the advice of their legal team.

 

Sadly, what it does is create a nightmare for hosts who have to pay cleaners extra to remove dog hairs and pee and that terrible smell that some dogs just have that take hours to remove.  So the next guest simply cannot arrive 4 hours later after a fast turnover.  Costing the host lost nights revenue, or the next guest a dog-smelling, hairy room.  All so that others can have the convenience of having a canine companion on their trip without paying a deposit or seeking one of the millions of pet-friendly accommodations.  The truth is, most people with pets don't want to stay at pet-friendly accommodations because of how bad it is being around other people's badly behaved pets.  Hence the irony, and why it's easier to just go where you're not supposed to as a fake service dog. 

 

I think there should be a balance and I think that on a site with millions of listings, it should be okay to have some that are dog-free except for cases of severe disability that can easily be proven with a license.  

 

The amount of humans who literally cannot function without the specific tasks of a trained service animal is so minuscule (blind, epileptic, SEVERE PTSD) that it would never even be an issue.  As usual, it's the Karens and Kens that demand accommodation for their comfort and emotions that ruin it for everyone and basically raise the cost and hassle for everybody else.

 

This will eventually come to a legal head when a homeless person with a  fake service dog attacks or bites and kills or injures a disabled child in a movie theater.  Unfortunately, with our current state of dysfunction and uncivility as a country/world, it might take just that before we get smart about this dumb "honor-based" verification system of service dogs.

 

Putting it in their review is discrimination. 

@Brussela0  If a guest claims their dog is a service dog, but obviously isn't, (service dogs are highly trained, never left alone, are housebroken, do not bark uncontrollable, are not aggressive with people or other animals) then there is nothing whatsoever discriminatory about saying in the review that they misrepresented their pet as a service animal.

 

Of course if it is a true service dog, then you can't say they violated a no pets rule, because a service animal isn't a pet.

I dont know what the Mexico laws are - but in the US, you're not qualified to determine if the animal is a service animal or not.  You can say whatever you want in a review, but you can also be sued for discrimination.  You're un-necessarily opening yourself up for a lawsuit is all I am saying.

What is your legal source that it is illegal or meets the legal definition of discrimination to mention that a guest had a canine companion? 

 

This would not be discrimination, discrimination is if someone denied service based on this.

 

 

No, it isn't.  Discrimination is denial of service based on a disability.  Mentioning that a guest has as well-behaved canine companion is not denial of service, therefore not discrimination.  

 

What is your legal source for your statement?

My current renter, did not even mention that she had a service animal until I noticed her bringing the dog down the stairs to go outside. Which was the 2nd day of a 10-day stay. She disregarded my listing, and when I confronted her, she stated this is a not a pet, its a service animal. What really ticks me off, is she isn't even the person that made the reservation. How is that possible? I have been on the phone with four AirBNB personnel within 10 hours with no updates or response. However, when you call them they have all been apologetic and sorry for what you are experiencing but that's it.

They legally do not have to tell you.

Debra300
Top Contributor
Gros Islet, Saint Lucia

@Melissa2218,

You're correct, guests in the US and other countries that have laws pertaining to service animals are not legally required to disclose that they are bringing a service animal (limited to dogs and small horses per Airbnb's policy), but there are a lot of countries that don't have these types of laws.  It would be erroroneous for a guest to assume that their local service animals rights apply everywhere. 

 

In St.Lucia, all dogs maintained by a human are considered pets, and there are no laws or exceptions that allow the animal to go into business establishments or government buildings/locations.  A traveler would be permitted to bring their service animal to the island as long as they had all of the required vaccinations, tests and health certificates, but a host would not be legally required to accept the guest's service animal. 

Don't just believe what I say, check the Airbnb Help Center

Actually they don’t have to disclose they have a service animal at all

Yes they are AFTER they book, but not BEFORE booking.

Hi @Karen3929 

I don't believe they are required to disclose a service animal at any time (before booking or after)? Most legit owners with certified service animals do let Hosts know they are bringing a service animal.

 

The Airbnb Community Guidelines for Service Animals do state:

  • What we allow:

"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."

 

There is nothing further that I have found that states specifically they must  disclose a service animal after  booking in Airbnb policies (but I could have missed it). 

 

Service Animal Policy

https://www.airbnb.com/help/article/1869

 

If you have found a reference in Airbnb policies that states a Service Animal must be disclosed after  booking, please let us know and provide the link to the policy, as it could help other Hosts. In any case, I would be very cautious any time you are dealing with a guest with a service animal as to what you say verbally or in a message to a guest. 

 

(This applies to U.S. Listings)

 

In the absence of specific language in the Airbnb terms, it would be assumed that ADA applies.  Guests could be asked if the person present is the person with the disability for which the animal is providing service and what SPECIFIC tasks the animal is trained to perform.  A service animal has to be housebroken and under the control of the disabled person at all times.  If the disabled person is not present or cannot reasonably articulate specific tasks for which the animal is trained to perform or if the animal is not under the control at all times of the disabled person, it would legally be permissible to then cancel the reservation or ask for the animal to be removed as it no longer meets the requirements of being a service animal.

 

That's the law.  As far as Airbnb terms, it seems they change with the times.

 

I agree that in many cases, a greedy lawyer would love a lawsuit about this.  But that could go either way.  If a fake service animal bit my child and was in a place where it wasn't supposed to be and wasn't under the control of the disabled person, you better believe there would be a major lawsuit and I would ask for criminal charges to be filed for service animal fraud.  

 

So the legal concern should go both ways.  The host and any guest trying to fake it.