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

[Lindsay473]

I just got off the phone with Airbnb and for emotional support animals it seems that it works like this. If the person books an entire place or studio they do not have to disclose they have an emotional support pet. But if the place says no pets and it is not an entire unit or studio they have some say over emotional support pets. 

If the place is listed as entire unit, is an apartment or studio they have no say in the emotional support pet being there, and do NOT have to disclose about the emotional support pet prior as that leads to judgement for disability. Many hate on emotional support pets on Reddit. I understand there are people who take advantage but there are definitely people who don’t. 

In NY and California you cannot charge over an emotional support pets but in other states you might to a certain extent. If emotional support pets are renting entire unit again, they are allowed to be there and the pet DOES NOT have to be disclosed prior. 

[Debra300]

@Lindsay473,

The information that the CS rep shared with you doesn't fully coincide with the formal Airbnb guidelines regarding ESAs.  Since the training and understanding of policies varies greatly among the the CS team, you should always first consult the Airbnb Help Center and Airbnb Terms of Service for official and documented Airbnb rules and guidelines.  A search for emotional support animals will display the current policy.  Even after reading any document where Airbnb references law, I would do further research to confirm what's legal.  Airbnb's policy implies that hosts in California* and New York have to automatically accept an ESA without recourse, and that is not accurate.  A host with listings in these states cannot charge extra for an ESA, but they do have some the right to ask for additional documentation and third-party verification of the guest's disability and need for an ESA. 

Although there is property type restrictions in New York there isn't a comparable stipulation in the California ESA policy that only hosts of shared spaces or experiences are allowed to decline an emotional support animal.  

• What we allow:
  • Unless the reservation is a stay in New York or California (USA) or another location where applicable law prohibits it:
    • Hosts may charge pet fees for a guest who is traveling with an emotional support animal
    • Hosts are allowed to decline the presence of emotional support animals from a stay or Experience

* If the California host allows the ESA to stay with the guest.

[Lindsay473]

Considering I was specifically looking at NY it does seem to coincide. Also it is not legal to ask for documentation even if you do have it as: “ESA laws also protect the privacy of an ESA owner. Landlords are not allowed to request specific details regarding an ESA owner's condition, and they cannot ask for medical records or a medical examination. ESA owners have a right to protect sensitive and confidential information regarding their disability.” 

In NY if you book entire place to yourself and there are no other guests your emotional support pet does not need to be mentioned prior and it is not against their policies. In No Pet buildings in apartments and Airbnbs ESA are protected if they are not shared. You’re saying that the very policy you’re saying matches what I’m saying and then you just simply say “that’s not accurate” without any other information to back that up. Also what you’re saying for verification is literally against the law. Maybe you wish they had that right but they don’t. They actually do not have the right to see your medical documents even if you’re willing to show them. Every other thread knows these laws that I’m mentioning and maybe you think that sets hosts to be taken advantage of but they are laws for a reason so people with disabilities do not get discrimination. On top of that if you book an entire place. You should NOT be seeing the host, have surprise visits and they should NOT be interacting with your ESA. Unless the animal is causing disturbance or unhinged the ESA is 100% welcome even in a No Pets if you book the entire place. I just don’t think you seem to know the law, have better information than Airbnb customer service and seem to judge those who have disabilities. 

[Debra300]

@Lindsay473,

You did not indicate that your comments were specifically for New York.  You also mentioned California.  The following is the very last paragraph on the NY State document about service animals that posted on the Attorney General's site.  Tell her that it's illegal to ask for documentation.

[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?