Post by High Priestess on Jul 26, 2016 14:09:46 GMT
SEe this information, which clarfies that in the USA, private homes where the owner lives and which have 5 or fewer rooms for rent, are not public accomodations, even if used for short term rentals:
www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm#a102
This distinction, that hosts offering a room in their home, their primary residence, who rent out 5 rooms or fewer, are not "public accomodations", I think is also of relevance in all other cases wherein "discrimination" of one form or another is of concern or is alleged. Those providing what the law describes as "public accomodations" are held to different standards in this regard than those offering rentals in a private home. This is true regardless of the extent of the business involved -- whether a person is renting out space for a few days a year, or 365 days a year.
www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm#a102
"Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is –
(i) An inn, hotel, or motel; or
(ii) A facility that –
(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) w where the occupant does not have the right to return to a specific room or unit after the conclusion of his or h her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the
following
(1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until
check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) 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;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
(
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is –
(i) An inn, hotel, or motel; or
(ii) A facility that –
(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) w where the occupant does not have the right to return to a specific room or unit after the conclusion of his or h her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the
following
(1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until
check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) 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;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
(
This distinction, that hosts offering a room in their home, their primary residence, who rent out 5 rooms or fewer, are not "public accomodations", I think is also of relevance in all other cases wherein "discrimination" of one form or another is of concern or is alleged. Those providing what the law describes as "public accomodations" are held to different standards in this regard than those offering rentals in a private home. This is true regardless of the extent of the business involved -- whether a person is renting out space for a few days a year, or 365 days a year.