The Service Animal Threads!!

Service Animal Thread Number Two:


www.airbnb.com/groups/content/content-99467



Alison shared Hosting 911 Nov 2014


Service pets - Part 2 BE AWARE!





Thank god for the earlier thread regarding people bringing service pets!!
Living in Hawaii we rarely have to worry about pets as it is very difficult for visitors to bring them to the Islands.

After reading that thread I had an inquiry with the following remarks (names protected):

".....My question is I have a male cat, Bob... and weighs about 15 lbs., who is a Service Cat. ...... He has no behavioral problems......My understanding that rental properties have to respect the Service Cat Certificate which I have and it is effective in all 50 states. Bob will be no problem and I will be out of there in no time...."

Now, I have no interest in discriminating against service pets, but the tone of the inquiry set my red flag radar up.
As it turns out someone else IB'd some of the requested dates so I sent an explanation and denied the request as it was no longer possible (very nicely).

The response back to me was this:
"I just put any dates to find out whether you will take my Service cat......
I have a certificate and it is my understanding that service pets are
accepted in all 50 states and it is a Federal Law. Just to be straight. I
will only be staying for a week or so anytime in January......so I can find a rental....Look forward to your response..."

Not sure where it will go from here - but at least I am more educated about how to handle this situation!
FYI - it was not the cat that would prevent me from hosting - rather the tone of the email and then the fact the dates were bogus!!
Alison
16 comments•5 likes
Following
Like
Julie and Eric
Lula
Javier and Kym
Kathy
Isabel

Fleur, Dan and kids
Fleur, Dan and kidsa year ago
Holey Moley! Thank god for forums. A service cat wow.

Reply Like 2 likes
Lula
Lulaa year ago
Unbelievable. Flag this guest,

Reply Like 1 like
Susan
Susana year ago
Not sure if you accept pets or not BUT the better part of valor to avoid this type of situation is to state that you do not accept animals in your accommodations in your listing description. Of course the person is indignant and defensive, no doubt she encounters rejection all the time about her cat, but you also have the right to decline any person for any reason - which I do have in my listing description as well. I already have pets so no additional is clearly stated in my listing as well as the fact that I may decline any potential Guest for any reason at my discretion. So now what? I'd reply that you do not accept animals in your accommodations, sadly and that you do not feel your accommodations are suitable for the potential Guest. - and be done with it.

Reply Like
Danny
Dannya year ago
I had no idea CrackerJacks were still including Service Cat Certificates in their packets of popcorn and peanuts

Reply Like 3 likes
Rick
Ricka year ago
the way I see it, you have 2 outs----;you have a dog (which is obviously very violent towards cats---service or otherwise)....& it's your private home, for crying out loud & the rules for service animals do not apply there! Tell her you don't accept any additional animals & do not appreciate her attempts at coercion & threats!

Reply Like 2 likes
Deborah
Deboraha year ago
Please be very aware, and very careful, as I stated in the other thread on this subject, that this individual may be a troll who is fishing desperately to try to find a host who will make a discriminatory statement to them, so that they can sue you. They may have NO INTENTION WHATSOEVER of staying in your place, and in fact from the content of their message it does seem like they are more interested in your response to their "threat" than in booking with you. It is illegal to make a discriminatory statement to someone, regarding the areas covered by anti-discrimination laws and Fair Housing Act laws. WHile ADA laws do not apply to your residence, the law about not making discriminatory statements does.

THerefore do NOT respond by saying you cannot accept a Service Animal. You can decline without explanation, or you can decline for any other reason, but in my opinion it would be safest to avoid saying you are declining because the person has an animal. One thing you could say, is , "I'm sorry, this is not a good match, but best wishes finding another place to stay." or more bluntly "I'm sorry, it won't work for you to stay here, bye."

Reply Like 5 replies•2 likes
Deborah
Deboraha year ago
If it were me, I would probably say, "Sorry, but this is most definitely and absolutely not a match. I am now DECLINING your inquiry." Together with an official DECLINE.

Deborah
Deboraha year ago
And I know what you mean about feeling more upset by the tone of the request as opposed to the service cat. A finely tuned BS detector or "entitlement detector" is important for all hosts.

Nicole
Nicolea year ago
Still want to read this law you speak of... For real... I'm not saying your wrong I want to read it.

Isabel
Isabela year ago
Thank you, Deborah, for the warning.

Deborah
Deboraha year ago
@nicole--- you can read about all laws pertaining to the Fair Housing Act in the USA (this is not a law outside the USA but other nations may have similar laws ) by searching under Fair Housing Act online. You can also read about these and the law against making discriminatory statement quite readily on Craigslist, by going to craigslist then searching for the page where they detail these. I have posted these before and can look for them later when I have more time to post again. Sadly, I don't think airbnb hosts are as up on these laws as people whom post on craigslist-- on craigslist they fairly plaster you everywhere with warning statements about not making discriminatory statements in ads, so it is hard to miss. Thus I am afraid some airbnb hosts could fall Into the traps set by these trolls.

Deborah
Deboraha year ago
This is a good example of why Instant Book could lead to some big problems. Suppose you rent out a whole house, or whole apartment, and have Instant BOok enabled. Your policy is no pets. Now someone with a service dog or cat instant books. You MIGHT find out that your place falls under ADA law and you have to allow service animals. Or your place might not be under ADA law but you end up making a "discriminatory statement" in the subsequent communications. So then you could potentially end up being forced to allow this guest to stay (or else suffering the penalty of cancelling yourself) so that you don't get sued for barring a service animal.

Reply Like 1 reply•1 like
Lula
Lulaa year ago
We have to watch the wording of our replies. Thanks for the advice Deborah!

Alison
Alisona year ago
Deborah, your advice is good and I followed it from the previous thread. I responded to her initial request within 24 hours, declining her because someone else had taken the dates. The reservation is no longer possible and I am under no further obligation to communicate with her. As far as I am concerned we are done! Now, if she tries to book other dates, I will continue to decline without discriminatory statements.

Reply Like 2 likes
Bekah and Brian
Bekah and Briana year ago
This is some serious BS and totally sounds like lawsuit-fishing. How wretched. Service cat. Jeez. That's some good advice, Deborah, because if I'd gotten an email like that I would've totally said I was declining because of the animal. I'll be far more careful with my words in declining from now on.

Reply Like
Leah
Leaha year ago
I wonder if saying, no because future guests with allergies to animals should be respected too, hence my no animal policy.

Reply Like 1 like
Jana
Janaa year ago
Allergies are not a valid reason listed by the ADA for exemption of service animals.

In regard to the OP's situation...(under definition of a service animal on the ADA website): Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.

The ADA has made an additional revision to allow trained service horses. Cats are not listed as allowed service animals.

Reply Like
Stefania and Robert
Stefania and Roberta year ago
I have allergy to cats and it will be a disaster to go in a place where a cat was living. The allergene stay in the air for months after the cat is living. When I book a place I
always make sure that not cat was living there

Reply Like 1 reply
Leah
Leaha year ago
Yeah, I get it people use service animals but it is also unfair for allergic people have to be exposed to something that shouldn't be there in the first place!

Deborah
Deboraha year ago
I agree with everyone, I think it is ridiculous to try to force someone with an animal in a place where that animal could cause problems, allergies, damage, or really any other problem.

Here is at least one bit of info on the Federal Fair Housing Act --
www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter5-2.html

Also Craigslist has a lot of information -- which pops up for everyone who starts to post a housing ad. See here:
www.craigslist.org/about/FHA
Reply Like 2 replies•1 like
Deborah
Deboraha year ago
Also, to clarify -- I am not certain that to say you don't accept animals to a person with a service animal would constitute a "discriminatory statement" and violate FHA, but out of an abundance of caution I would just strongly suggest not saying that directly. Even if you were to ask an attorney and they stated that it was okay to say that if your place was not one to which ADA laws applied, another attorney might have a different opinion. You just don't want to touch things like this with a 10-foot pole. Avoid making any direct statement about your reasons for declining anyone, and stay safe.

Joseph
Josepha year ago
Thanks for the in depth info Deborah, you are such a great source for all the groups . I just wanted to point out a slight variation that has not be considered ? I believe that Renters rights only covers a Long term tenant and not a short term (less 28 days) guest . I do agree that not touch this issue with a 10 ft pole , very tricky slope to navigate !!

Michael
Michaela year ago
The ADA does not recognize any animal other than a dog or miniature horse as a service animal. PERIOD! www.ada.gov/service_animals_2010.htm

Reply Liked 1 like
Mig
Miga year ago
What is a service cat?

Reply Like
Diana
Dianaa year ago
I own the more typical rental property and have taken fair housing classes. According to fair housing any animal can be deemed a service animal. Even a snake. The real question is whether it applies to airbnB and accepting guests in your own home

Reply Liked 1 reply•1 like
Deborah
Deboraha year ago
If it is true that "any animal can be deemed a service animal" then this issue really is one that needs to be taken up by MAD Magazine. They need to do a spoof on people with ridiculous "service animals".... I am seeing it now...a demure, slender, middle aged woman holding a leash which is attached to a 15 ft long Anaconda, slithering across the road in front of her to guide her in crossing the street, wearing a cute blue and white "service animal" vest across its moist green, reptilian back. Following her is a little old lady, holding a very thin leash attached to a Mexican Redknee Tarantula, which has its own tiny "service animal" vest on. Her tarantula provides her emotional support with its hard exoskeleton and cold blood. Third, is a young man with a leash around the neck of a Giant Anteater, his own unique service animal...which helps him with his disability, Myrmecophobia. Lastly is a young woman with a leash that points upward to the neck of a 18 ft tall giraffe, which is her own service animal. It helps her with her disability, which is Anablephobia, fear of looking up. Her service animal does this for her. It has a blue vest also. Guess which one of these is demanding to stay at your AIrbnb cottage? Well if you have a white Persian cat named Fluffy, rumored to be the top dining choice of Anacondas, then of course the guest with the Anaconda wants to come over and have your cat for dinner by accident. And if you have a 3rd floor walkup apartment in NYC, of course it's the guest with the Giraffe who insists on staying with you. I don't want to see any complaints or excuses! Tsk, tsk, you'll just have to raise your roof and accomodate!

Deborah

Service Animal Thread Number Four:

www.airbnb.com/groups/content/content-104599


---------------------------------------------------------------------------------------------------------------------------------------------



Stephanie and Steven shared on HOsting 911 Feb 2015


Follow-Up on Service Dogs





I've read all the airbnb articles on the subject and that much seems pretty clear.

It seems to me that anyone who rents their second home or, in some cases, separate apartment would be forced to accept service dogs with guests who request it - regardless of their own health or allergy situation.

My question to the group is this: is it fair to force a host to accommodate a guest with a service dog if it means that host will then have to turn away other guests with other disabilities - such as asthma, congestive heart failure or allergies.

This is not a frivolous question. Although we have been socialized to see visible disabilities as somehow more real than invisible disabilities, invisible disabilities actually effect far more people than those requiring service animals.

This is a quote from Service Dog Central

According to the University of Arizona, 0.9% of persons with disabilities are partnered with service dogs. In 1990, Congress found that there were 43 million Americans with disabilities, suggesting there are approximately 387,000 service dogs across the US.

In case airbnb blocks it, let me paraphrase: There are 43 Million Americans with disabilities and of those 43 million, .9 per cent are partnered with service dogs, that means there are no more than 400,000 service dogs employed in the entire country.

According to the American Lung Association, 15 to 30 per cent of all Americans are afflicted with asthma, around a third of them also have pet allergies, which exacerbate asthma. (allergies also make congestive heart failure and copd much harder to cope with - please note I have omitted heart failure and copd patients from this analysis so these numbers are VERY conservative.)

That means there are around 20 Million Americans whose health is at a direct risk from exposure to dog dander, which is a persistent allergen, only fully remediated by the removal of all soft substances that came into contact with the dog. (that means ripping up carpets, getting rid of upholstered furniture and throwing bedding and towels away.)

So - we are being asked to deny lodging to 20 million people in order to offer lodging to 400,000 people - many of whom rarely travel (btw). My mother is blind so I do have some experience in this area.

According to the law, we are expected to compromise our own standards and put our own health at risk unless our guests are right there, in the kitchen, bathroom and common areas of the homes we inhabit 365 days a year.

How is this remotely okay?

Anyway, my situation has been resolved thank goodness but I guess part of the reason I am posting this is so that people will know, it's not as cut and dried as it looks and also, the advice about just declining, without giving a reason? GOLDEN.
24 comments•3 likes
Following
Like
Joyce
ian
Doug

Susan
Susana year ago
frankly, my accommodation is my personal residence and I reserve the right to decline guests for whatever reason, or none at all, if I feel the accommodations are not suited to their needs (which is the reason I give). my listing description has has wording to this effect. I also have dogs, so that is a valid reason to decline another pet in the household. this is my stance and I'm not budging from it. I have the right to offer accommodations to guests that fit my hosting lifestyle and household, for this reason my listing description is quite comprehensive and inclusive and I'm very picky, and can be so after 82 reviews and over three years of Hosting experience.

Reply Like 1 like
Julie and Eric
Julie and Erica year ago
A couple of notes and a rhetorical question in the spirit of discussing the topic of renting a second home or apartment further:

From the Airbnb help file:
"Does the FHA apply to me as a host?

The FHA does not apply to all hosts. The FHA contains exemptions for ... single-family housing rented without the use of a broker if the private individual owner doesn’t own more than three such single-family units at one time..."

From the ADA 2010 regs:
"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) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or 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."

Background:
"One commenter argued that the Department's proposed definition of place of lodging does not reflect fully the nature of a timeshare facility and one single definition does not fit timeshares, condo hotels, and other types of rental accommodations. This commenter proposed that the Department adopt a separate definition for timeshare resorts as a subcategory of place of lodging. The commenter proposed defining timeshare resorts as facilities that provide the recurring right to occupancy for overnight accommodations for the owners of the accommodations, and other occupancy rights for owners exchanging their interests or members of the public for stays that primarily are short-term in nature (generally 30 consecutive days or less), where neither the owner nor any other occupant has the right or intent to use the unit or room on other than a temporary basis for vacation or leisure purposes. This proposed definition also would describe factors for determining when a timeshare resort is operating in a manner similar to a hotel, motel, or inn, including some or all of the following: rooms being available on a walk-in or call-in basis; housekeeping or linen services being available; on-site management; and reservations being accepted for a room type without guaranteeing any guest or owner use of a particular unit or room until check-in, without a prior lease or security deposit. Timeshares that do not meet this definition would not be subject to the transient lodging standards.

The Department has considered these comments and has revised the definition of ‘‘place of accommodation'' in § 36.104 to include a revised subcategory (B), which more clearly defines the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. These factors include conditions and amenities similar to an inn, motel, or hotel, including on- or off-site management and reservations service, rooms available on a walk-up or call-in basis, availability of housekeeping or linen service, and accepting reservations for a room type without guaranteeing a particular unit or room until check-in without a prior lease or security deposit."

Do you have these?
(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.

Reply Liked 7 replies•9 likes
Deborah
Deboraha year ago
Thanks for providing all this info!

Julie and Eric
Julie and Erica year ago
Glad you found it helpful!

Fiona
Fionaa year ago
Interesting JE, thanks. I "offer" housekeeping/linen service in that if my housekeeper is here (usually Mon and Thurs) I'll ask people if they want bed made/trash emptied, etc. and offer linen service in that I'd exchange linens anytime anyone wanted. I wonder where the line is on the rule? No-one has ever taken me up on any of it btw.

Julie and Eric
Julie and Erica year ago
That's a good question, but I think you fall under the exception in section (1) "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" so these subsections don't apply to your situation, as they may with hosts that rent a second home or apartment.

Fiona
Fionaa year ago
I think you are right and that the owner-occupier status trumps the "don't want to live in a dump where no-one changes the sheets" status.

Rosemarie
Rosemariea year ago
Julie & Eric - I feel you two should receive a special award for being so helpful to us newbies. I've learned so much from you. THANK YOU!!!

Julie and Eric
Julie and Erica year ago
You are welcome! It helps me too though - I am learning so much here.

Stephanie and Steven
Stephanie and Stevena year ago
There are a lot of people who do not occupy their airbnb rental.

Those are the people to whom my original post is addressed, I don't seem to be able to communicate that to you but I really don't know how much more flatly I can phrase it.

We are going in circles here.

Reply Like 5 replies
Susan
Susana year ago
you have the right to decline anyone for any reason if it appears the accommodations are not suited to their needs. period. flatly stated, if you don't feel that the potential guest will work out, just politely decline. also put that in your listing description, something to the effect, that you reserve the right to decline guests if you feel the accommodations are not suited to their needs - and stay away from specifics. note above: you do not offer: 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. - your accommodations are personal accommodations belonging to you, unless you are holding yourself out as a professional property manager, which then requires you to stay away from discriminatory practices.

Susan
Susana year ago
just don't accept pets and reiterate that upon inquiry and decline the guest. period.

Susan
Susana year ago
actually, revise that, put in your listing description that you do not allow animals on the premises. that will cover pets and service animals.

Julie and Eric
Julie and Erica year ago
I think Susan understood my point regarding renting a second home/apartment.

Fiona
Fionaa year ago
I wonder what happens if your service dog/cat/kangaroo kills my chickens or Susan's dog or sends Stephanie to the ER with breathing difficulties after you've bullied your way into a listing.

Danny
Dannya year ago
Addsitionally there are numerolus people uskng the service animal designation for ulterior purposes. People who want to travel with their animals but are preparing for a negative reaction will force the "service animal" ruse on hosts.

If you are amenable to a service animal in your home, ask for a copy of the official paperwork granting the animals designation as a professional service animal. Many will not be able to provide this and are scamming you.
Reply Like 2 replies•1 like
Susan
Susana year ago
"I" wouldn't go to all that trouble, just don't accept animals of any kind. opening up dialogue opens up the chance for a heated back and forth with the potential guest.

Javier and Kym
Javier and Kyma year ago
Doesn't matter. The term, "service animal," is so loosey-goosey that anyone can buy an official vest, leash, harness, and some official looking paperwork from multiple sites online. Also, the ADA flat out says, "Some, but not all, are licensed or certified and have identification papers." So, you're hosed.

Deborah
Deboraha year ago
Yes, Stephanie, I think you may be correct that those hosts who rent out a SEPARATE space (entire house/apartment) where they do not ALSO live, are theoretically subject to ADA. So in cases like that, such hosts really cannot state explicitly that they wish to decline a guest with a service animal, because the person has a service animal. However, such hosts can still decline ANY GUEST without giving any reason. Just decline them and refuse to enter into discussions/argument about why you are declining. If they continue to pester you, asking why you are declining them, flag their posts as harassment. By pushing and harassing a host to give a reason for the decline, these bullies are trolling for lawsuit material. Don't fall into their malicious traps. If you give no reason for the decline you are safe.

So, yes, Stephanie, I agree that the law as it stands is quite ridiculous, because your point is very well taken that by allowing people with service animals into accomodations, those same accomodations then become unsuitable (due to animal dander) for many people who are allergic to animals or have asthma, etc. Not to mention the owner of the building themselves might end up unable to use their own premises if they are allergic to animals! WHich is insane. THis is in my opinion an excellent example of a stupid law. Not all laws are right, or reasonable, and this is one of them. It is reasonable that people with service animals should be able to be accomodated somewhere, but hotels can accomodate them easily, and hotels are large enough that they could even set aside certain rooms which are designated for service animals, so that not every room would end up contaminated with pet dander and thus unfit for someone with asthma. There is no reason to force owners of homes or apartments to accept such people for short term stays when hotels are available to them. So these people with service animals should stop trying to bully their way into private homes and just stay in hotels or places that do accept pets -- and there are many Airbnb listings that do accept pets!

Reply Like 6 replies•4 likes
Susan
Susana year ago
so don't state that explicitly, state I'M SORRY BUT I FEEL THAT THE ACCOMMODATIONS ARE NOT SUITED TO YOUR NEEDS AT THIS TIME. and remember, a Host can decline for any reason whatsoever, no Host has a gun held to their head to accept all inquiries/guests but being PC and discreet when declining should be the way to go.

Deborah
Deboraha year ago
Right, Susan!!! Good example of a statement to use.

Bekah and Brian
Bekah and Briana year ago
Susan is 100% correct on this and has the perfect response. I like it and I'll be using it from now on. I do have "Declining Guilt" sometimes, which leads me to explain, explain and explain some more to a guest why. Not necessary, and really just opens the door to crummy attacks.

Javier and Kym
Javier and Kyma year ago
From the ADA, "You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others."

Deborah
Deboraha year ago
Thanks Javier and Kym for posting this quote from the ADA, though I am confused by the contradiction between this statement and the one on the Airbnb help page which says, "If you’re covered by the ADA or the FHA, you may be required to accept service animals or assistance animals, no matter your building’s policy or your allergies." THe statement that you quote is found under the section which addresses the issue of THREATENING animals --- I exerpt the relevant whole paragraph here: "Am I responsible for the service animal while the person with a disability is my guest? What if the animal is threatening? No. The care or supervision of a service animal is solely the responsibility of his or her owner. You’re not required to provide care or food or a special location for the animal. You may exclude any animal, including a service animal, when that animal's behavior poses a direct threat to the health or safety of others."------------------------------------------------------ So this statement may be more applying to the instance of a threatening animal, than to an instance of a situation where one's health is threatened by the animal due to being allergic to the animal, or asthmatic. This whole issue of allergies is unclear. What about a hypothetical case, for instance, where a person with a service animal insists on booking your place for calendar dates just prior to the reservation of a guest who is severely allergic to animals and has booked your place primarily because you have stated in your listing that ever since the place was first built, there have been NO animals on the premises? Obviously to accept the person with the service animal would make it impossible for the highly allergic person to stay in the same space in the immediate days following, and would also do long-term damage, in that you could no longer make the statement, so valuable to those who are allergic to animals, that you had never had an animal in those premises since it was first constructed. A law which would force you to cancel other guests and endure that kind of long-term damage all for the sake of hosting a bully is beyond ridiculous. It is insane.

Javier and Kym
Javier and Kyma year ago
Yeah, I was answering the people freakin' out about health concerns and how dare the government endanger people. But if you want argue this around one more time, it still comes back to: We are not bound to accept anyone or anything into our property. Ever. All you have to do is say, "Sorry, we are a not a good match for you." You don't owe anyone an explanation nor do you have to continue the conversation with them. Just move on. It's not a big deal. I'm sorry the new people are getting abused by losers gaming the system, but when they discover they don't have a legal leg to stand on, it will probably stop happening.

Stephanie and Steven
Stephanie and Stevena year ago
Thanks Susan, that was really what I was looking for.
Just how far on the crazy meter does this actually go? And am I crazy for thinking it through?
I think I will change the listing to protect myself.

Reply Like 1 reply
Susan
Susana year ago
naw, not crazy at all really, individuals with service animals are pretty touchy about being rejected. I guess, at the end of the day, just decline with a discreet PC answer and revise your listing to state "no animals allowed on the premises" which covers the whole zoo spectrum, and pets too. remember, you don't have to accept everyone one that is upright and breathing, be picky and if it doesn't feel right, then decline, don't engage the troll as they say when answering, just give a discreet reason why the decline, thank them for the inquiry and shut the door.

Kim
Kima year ago
But what if they just show up with their service or companion animal and didn't mention it beforehand? (I used to work for a low income property management company and many people would get a doctor to write a note saying they needed a few dogs and cats to help with their depression, anxiety, ect. And legally we could not refuse housing to them or charge a pet deposit, even tho these were just pets not trained service animals). Would you not let them in the house? Legally what are we required to do?

Reply Like 4 replies
Susan
Susana year ago
then they can't check in. they can wait outside while you contact airbnb. you do not legally have to let someone into the premises that did not fully disclose the animal and by not doing so then does not meeting the requirements for staying. be logical about this. are you comfortable about letting guests stay that were not truthful when they booked? tough situation but the odds of someone with a service animal not telling you and showing up are probably pretty slim. put in your listing description the penalty for allowing animals on the property: immediate termination of the reservation.

Susan
Susana year ago
don't overthink this, we Hosts can't even think of all the things that can happen regarding guests and service animals. if the listing states NO ANIMALS ALLOWED ON THE PREMISES (in caps), no person is going to want to stay, with pets or with service animals. you want your listing description to cover that base thoroughly.

Deborah
Deboraha year ago
Susan, I think the point that Stephanie and others have made, regarding the guests with service animals who contacted them, is that these guests do very much want to stay, fully aware that the host does not want animals on the premises. THis was essentially what Stephanie's guest was saying. Stephanie gave very good reasons why she couldn't accept animals and the guest wanted to bully and threaten her way in anyhow. People who are bullies by nature may want to bully hosts who don't accept animals, by threatening them and insisting that they must accept their animal. So we would do well to understand that this is a possibility, and plan for it.

Susan
Susana year ago
right, she did bully her regarding not being able to stay... lesson learned here, don't feed the trolls, Steph didn't have to explain herself at all, she could have simply stated that THANK YOU FOR YOUR INQUIRY, HOWEVER I FEEL THAT THE ACCOMMODATIONS ARE NOT SUITED TO YOUR NEEDS. WISHING YOU ALL THE BEST ON YOUR GLOBAL JOURNEYS. and stop there! don't prattle on about animals/no pets policy... stop there, period. don't feed the troll, don't explain. this same holds true for any other situation that arises, don't get into a verbal pissing match, decline discreetly, firmly once and for all. Steph was trying to be nice and look what happened...

Deborah
Deboraha year ago
Kim --- I was thinking of that too. I think that situation, where someone just shows up with an animal without mentioning it in advance, is more difficult and more concerning.

I think one strategy hosts could use in order to not have to accept such a person, would be to have a statement in their house rules saying, "If you are going to bring a service animal, you MUST let us know in advance. " You might want to combine this with a statement such as, "Failure to follow house rules may result in immediate termination of the reservation and forfeiture of all fees." Then, if the guest doesn't tell you in advance that they are bringing a service animal, but simply shows up with one, then you can turn them away, stating that they have violated your house rules where you stated clearly that those intending to bring service animals MUST tell you so in advance.

And of course, if they tell you in advance, you decline them. So you can keep them out of your home either way.

Reply Like 2 replies
Susan
Susana year ago
no one has to accept anyone that shows up with an animal. not at all. don't even go there with service animals to avoid any confrontational issues. service animals may not necessarily be perfectly housetrained, flea free or clean. anyone that has nice accommodations should refrain from hosting pets... and I'm a pet owner myself.

Susan
Susana year ago
whoops, make that HOSTING ANIMALS OF ANY SORT

Stephanie and Steven
Stephanie and Stevena year ago
I wouldn't want to stay somewhere if I knew I wasn't welcome.
People sometimes baffle me.

Reply Like 2 likes
Fiona
Fionaa year ago
Stephanie, how was your situation resolved and what guidance did Airbnb give?

Reply Like
Stephanie and Steven
Stephanie and Stevena year ago
I haven't heard anything from airbnb - I handled it by doing two things, 1.) After declining the first time, I sent her a note telling her I was now accepting her request, not because my position had changed but because she had bullied me into it and as a cardiac patient I cannot take the stress of being threatened with a lawsuit over this. I told her I was not looking forward to her visit and I would have preferred not to accept her request but she gave me no choice.
2.) After the exchange, I reported her to airbnb and asked them to review all the transcripts.
After that, (this all happened on Wednesday) she shows up as declined, and I haven't heard anything from airbnb about it.
I just decided to go with absolute truth and to tell airbnb exactly what went down.

It seems to have resolved itself but I was shaken up over it for all of the next day. The thing is, we don't live there full time, she could force it and it would put my health at risk. That's all true.

What I really don't get is how someone who has a disability and has to adjust her own life around it can be such a jerk as to assume her disability (hearing loss) and short-term convenience, is somehow more important than my disability (congestive heart failure + allergies while I am recuperating from open heart surgery) and not only my long term comfort but an important source of income during the difficult period between surgery and being able to work full time again.

I'm really slack-jawed in disbelief that anyone could be so entirely self-centered. And once I made the situation clear to her, I hope she understood what she was doing and felt properly ashamed of herself.

Because honestly, you don't know what someone else is going through and a one night stay for your convenience cannot be so important that you'd put someone through hell over it - surely. Not if you have even a shred of common decency. So yeah, I am not a vengeful person but I don't lead with my disability and I hope to goodness she thinks twice before she decides to clobber someone with her disability the next time a similar situation arises.

Reply Liked 4 replies•1 like
Deborah
Deboraha year ago
Stephanie -- thanks for posting this follow up to let us know what happened. It is indeed very disturbing that someone could be so self-centered, and as well, as you say below, stunning that someone like this could first try to bully her way into your home, or potentially sue you. It is indeed shocking. However, from what I have seen of the legal system in terms of its effect on property owners, I would say that this kind of situation is actually pretty common and is far from the worst that can happen when you combine a legal system that blindly follows the letter of poorly thought out laws, completely ignores context, and rolls out the red carpet to bullies, inviting them to konk people right and left with lawsuits, and to do so with impunity. To say that the injustice of certain aspects of the legal system is jaw-dropping is an understatement. Anyhow, I am so glad that this situation is resolved for you, but I am still concerned about the thousands of other Airbnb hosts who have not been part of this conversation, do not understand the problems they can get into with these laws or how to get around them, and who may yet fall into the nasty traps set by malicious persons. I wish there were a way to warn other hosts.

Susan
Susana year ago
really and PLEASE, Hosts need to take a stand and not be so feeble to be pushed around. next time just decline and that is that.

Andrew
Andrewa year ago
I don't have much to add to the great advice you've been given here, except to say that I have not found a single example of a lawsuit over a declined Airbnb request. The minute an inquirer even slightly seems to be bullying or threatening you, hit Decline, flag the message, and end the conversation. You would be at great risk letting such people into your home, but there is apparently no legal risk in declining a booking.

Deborah
Deboraha year ago
THat's great to know, Andrew, that there hasn't (yet) been a lawsuit over a declined request. Thanks for sharing that info. Let's hope things stay that way a while!

Stephanie and Steven
Stephanie and Stevena year ago
Sorry - that wasn't the most eloquent answer but I'm still kind of stunned that if she had decided to sue us, she probably could have made a case for it.

And the thought that someone would really press it that far is pretty shocking.

Reply Liked 1 reply•1 like
Susan
Susana year ago
suing you is totally smoke and mirrors. period.

Stephanie and Steven
Stephanie and Stevena year ago
My husband read airbnb's response, so it showed up as already read and I didn't see it - he just pointed it out now, this is what they said:

Hi Stephanie,

Congratulations on your recently earned Superhost status! It's such a pleasure to work with such committed hosts, and I'm thrilled to see you're efforts have resulted in achieving Superhost status.

I'm terribly sorry to hear of the difficulties you've experienced in your correspondence with Carol. Please know that although Airbnb leaves the decision to accept or decline any guest up to you as the host, we do require our hosts to comply with the FHA and ADA. Please see our Help Center for details on how this applies: www.airbnb.com/help/article/898#serviceanimals

I understand that you've offered a pre-approval to XXXX. Should you decide to remove this offer, you can do so by clicking on the "Remove Pre-Approval" button within the offer in the message thread here: airbnb.com/z/q/75630808

I hope this information is useful. If you have any questions or if I can be of further assistance, please let me know and I would be happy to help.

All the best,

Amber L.

Reply Like 1 reply
Susan
Susana year ago
I hope I never achieve SH status LOL

Stephanie and Steven
Stephanie and Stevena year ago
We really wanted it. We really love hosting. And I can't believe this happened right after we got SH status. It almost feels like a set-up.

Reply Like
Stephanie and Steven
Stephanie and Stevena year ago
Our state favors tenants and does not permit anyone renting a property that is not their primary residence to discriminate. Therefore, according to airbnb I was obligated to accept her request.

Here is the relevant passage

Do I have to accept guests with service animals even if I am allergic, or animals are prohibited in my building, etc.?

If you’re covered by the ADA or the FHA, you may be required to accept service animals or assistance animals, no matter your building’s policy or your allergies.

So basically, you and your health are not as important as the convenience of a service dog, as far as airbnb is concerned. If someone is enough of a jerk to force you to accept their service animal and you say no because you have allergies or other health concerns, they can sue you. Airbnb doesn't make the laws, that's true but this is a pretty unfair situation. It just isn't right. We own this property, our town has no rules against airbnb. We are operating within the law and we have done everything, in every situation, to make all of our guests happy.

And airbnb congratulated us on that in their note - mentioning the SH status. So to have no support whatsoever, not even moral support, on this issue is a bit of a slap in the face.

But I am glad the situation arose because it educated me and I hope it will educate others.

You get to approve or decline guests and in my opinion, you should never give a guest a reason or a personal response when you decline. Just hit the decline button and get them as far away from you as fast as possible.
Reply Liked 2 replies•1 like
Julie and Eric
Julie and Erica year ago
The relevant phrase hear is "IF you're covered by the ADA and FHA." My separate apartment listing is not covered, and I believe that many other second homes and apartments are not. Still, I make sure to not make discriminatory statements.

Julie and Eric
Julie and Erica year ago
*here

Deborah
Deboraha year ago
THose reading this thread may be interested in reading two other fairly recent threads on this same service dog issue and the same problem of guests with service dogs seeming quite content to threaten you in order to get into your home.

I just scrolled down to find these two threads on this same subject, which were posted about 1 month ago on this same forum:

www.airbnb.com/groups/content/content-99467

and:

www.airbnb.com/groups/content/content-98529

I am keeping all these threads' URLs filed away so I can post links to these threads as well as this one, in the future. I think it might be good to just post these every so often on forums like Hosting 911 or New HOsts Forum, in order to warn new hosts about things they may have no idea about, but should be warned about.

Reply Like
Susan
Susana year ago
I really don't care about guests' requirements, it's all about me as a Host. Either I want you or not, period

Reply Liked 3 likes
Carrie
Carriea year ago
You might find this article interesting: thebea.st/1tp4Mmb
Reply Like 6 replies
Stephanie and Steven
Stephanie and Stevena year ago
No. Not really. They state the opposite concern

Deborah
Deboraha year ago
Carrie, I think that while most would be sympathetic to the disabled being able to partake of Airbnb, and not feeling excluded, I also think there is a big difference between a disabled person who approaches a host respectfully and politely, inquiring about accomodations, versus one who approaches with club in hand, full of threats and apparently quite willing to bully the host in order to be admitted. I have hosted disabled people, but their initial inquiries did not begin with threats against me. On the other hand, I know of a disabled man in my area, who has been written up in the local paper, who is a vexatious litigant. He seems to be making a good income wandering around town in his wheelchair, with measuring tape in hand, measuring restaurant doors to see if they are 1 inch or 1/2 or even 1/4 inch under official ADA requirements. If the door widths aren't in compliance, he doesn't kindly advise the restaurant, he runs home and sues. He has filed about 30 of these lawsuits against local restaurants. There are people with good faith, with respect for others, and there are bullies who threaten others and abuse the legal system.

Carrie
Carriea year ago
Of course, Deborah. In no way do I disagree that all guests should be respectful. By the same token (or maybe on the other hand) the man with the wheelchair you speak of sounds like he may be an advocate for disability rights. The Civil Rights Act did not get passed because black people nicely asked if they could please vote.

Julie and Eric
Julie and Erica year ago
That's a really good point Carrie – money next-door neighbor is extremely frustrated at times so I can only imagine how hard it is to be confined to a wheelchair and not be able to gain access to places that able-bodied people can. I see things a lot differently now because of her point of view.

Julie and Eric
Julie and Erica year ago
*my next-door neighbor - thanks Siri :-) And another correction – I really cannot even imagine what it's like.

Deborah
Deboraha year ago
I don't equate being a vexatious litigant with working positively for disability rights. From what I recall of the article, this particular man wasn't actually doing much to help provide access for the disabled, he was exploiting a technicality, and lining his own pockets, like most scammers do. Many of the restaurants he sued could accomodate wheelchairs just fine, even though their doors had slightly less width than ADA required. He wasn't suing them because the disabled couldn't get in - he was suing them because the numbers weren't exactly correct. Most of the lawsuits also didn't lead to the restaurants doing renovation, they led to several thousand dollar settlements, pocketed by himself and his attorney. I think it's always important not to jump to conclusions when we read about someone who seems to be in a marginalized group, who is suing someone. who could be viewed as "part of the problem." Dont' assume people are in the right just because they are in a certain group. (I think this whole thread should be a glaring example of that). A lot of the laws that benefit the disabled, can at the very same time be used to perpetrate extortion and bully people, and dont' end up creating any positive change, they just enrich those who see a scam to be played.

Carrie
Carriea year ago
Or this one: bit.ly/1EfhPyl

Reply Like 1 reply
Julie and Eric
Julie and Erica year ago
My next-door neighbor is in a wheelchair, so I am interested to hear about accessibility issues, so this is very interesting, thanks. And probably a lengthy discussion on its own. :-)

Stephanie and Steven
Stephanie and Stevena year ago
Maybe I should make this clear for Carrie and for Julie and Eric: I am talking about people who rent out a SEPARATE APARTMENT in a SECOND HOME and who ARE CLEAR ABOUT THE FACT THAT THEY ARE NOT ACCESSIBLE.

Please stop trying to correct me on an issue that may be relevant to you but is not actually relevant to me or to the original post. I'm really tired of receiving emails that keep on reiterating the obvious.

I am not talking about a bedroom down the hall from mine. I am talking about a whole different house from the one I sleep in on a nightly basis. Are you looking to set people up for this or what? Cut it out. We all know you're safe if it's in your primary residence. I don't think there's a single soul here who doesn't know that.

And Carrie, nowhere, nowhere at all in our listing do we make any claims to be accessible to wheelchairs or any other situation where access tailored to the disabled comes into play. We have a 100 year old house built into the side of a mountain. It has steep stairs hot radiators, extra-hot water and sharp corners, do not bring your toddler, do not bring your wheelchair, do not bring your service monkey. I am allergic to animal dander and your wheelchair will get stuck on the top of the hill or the bottom of the stairs.

Clear?

There are people with treehouses on airbnb, people with boats, people in clock towers and castles. We're not all made for everybody and not all of us want to or can, welcome your dog.

Reply Liked 2 replies•1 like
Stephanie and Steven
Stephanie and Stevena year ago
I keep trying to be subtle about this and keep getting pinged with more responses from Julie and Eric reassuring people that the ADA doesn't apply unless you are talking about a separate house. Well, plenty of us are talking about a separate house and that's why the concern is ongoing. Okay? I'm not terminally stupid. I did read your first two responses. You don't need to keep repeating yourselves.

Bekah and Brian
Bekah and Briana year ago
Seriously Stephanie: it's a help forum. It's not all about you. There's tons of awesome information in this thread that can be of assistance to others, which is the whole point of a help forum. Please stop singling out people who piss you off. I totally understand that you'd be disturbed if people attacking you in some way - it would upset me, too - but that's not what's happening here. People are genuinely trying to help. If you can't tolerate other people volunteering information that perhaps doesn't apply to you, maybe it time you start your own forum called "Stephanie's AirBNB Group " and if you're lucky folks will help you out over there and only discuss what you want.

Stephanie and Steven
Stephanie and Stevena year ago
Thank you, Deborah - those articles are really interesting.

Once again, I conclude, the best way to handle declining someone is to decline without an explanation. Just say No. It's really the only safe thing to do in many of our situations.

Reply Liked 1 like
Andrew
Andrewa year ago
Stephanie, the information shared in threads like these is useful to other hosts as well, not just to you. We often save the links and refer back to them when related questions come up. Even if you don't find a particular response applicable to your own situation, it may still be helpful to one of the 2,300 other members who might be reading it. If receiving messages from people who have taken the time to provide free support is annoying to you, you can change your notification settings or unfollow the thread.

And for what it's worth, I think declining without an explanation - as well as making sure that your listing contains no text that could be interpreted as intent to discriminate - is indeed the best way to protect yourself in light of existing laws.

Reply Like 2 replies•7 likes
Juliet and Ed
Juliet and Eda year ago
Andrew is absolutely right. It's not all about you any more. Often, these conversations meander off in different directions. Read what Sheryl said in your previous post about service animals, which I have copied here: "I don't always like the responses I see on here. But, on a message board that is open to thousands, it is highly likely that I may hear comments from someone who thinks differently than I do. So may you. Take what you can use and leave the rest." Your "Clear?" "Clear?" (above) sounds rather rude to me.

Bekah and Brian
Bekah and Briana year ago
I'm super grateful for all the info presented in this thread and have determined that in the future when I need to decline I simply WILL, with a very brief pseudo-explanation. I refuse to be bullied.

Bekah and Brian
Bekah and Briana year ago
Seriously Stephanie: it's a help forum. It's not all about you. There's tons of awesome information in this thread that can be of assistance to others which is the whole point of a help forum. Please stop singling out people who piss you off. I totally understand that you'd be disturbed if people attacking you in some way - it would upset me, too - but that's not what's happening here. People are genuinely trying to help. If you can't tolerate other people volunteering information that perhaps doesn't apply to you, maybe it time you start your own forum called "Stephanie's AirBNB Group " and if you're lucky folks will help you out over there and only discuss what you want.

Reply Like 4 likes
John and Colleen
John and Colleen a year ago
I recently experienced a similar situation. The potential guest threatened me saying I could be fined by not accepting her service dog. It was an extremely upsetting experience. In the future, I will deny any potential inquiries or reservation requests that want to bring a pet by simply by using the Decline option with no explanation. I refuse to have to deal with this ever again.

Service Animal Thread Number Five!

posted in APril 2015 by Tony

Service Dog

Our current guest showed up with his dog. He said it is his service dog. We have a no pet policy for our listing. Should we ask him to find another listing or contact Airbnb to find him a listing that allows pets?


Deborah:
This is a tricky situation -- you need to be careful what you say to the guest. A service dog is not a pet and service dogs can go where pets aren't allowed. You should find out whether your listing(s) are subject to the ADA (Americans with disabilities act) . See this which I wrote in a post on tips for new hosts:

For American Hosts (other nations may have similar laws!) know the law regarding ADA (Americans with Disabilities Act) and FHA (Federal Fair Housing Act) and the need to avoid making discriminatory statements either in advertising or directly to the guest. See here on Airbnb help page for info on these laws: www.airbnb.com/help/search?q=ada
This article describes which listings are subject to ADA/FHA laws. While you may decline any guest, you may not make certain discriminatory statements. To see some examples of the kinds of problems that can arise for hosts in this regard, read these posts about hosts who found themselves bullied/threatened by people who insisted on bringing service animals (not legally considered pets) to listings that stated "no pets":

(references to SErvice animal threads one through four above)



In general when declining a guest, it is best to not tell them the specific reason you are declining them. Just respond with a banal statement such as, "I don't think it is a good match" or "The place is not available" and then don't let yourself be dragged into an argument. If the guest tries to argue, and demands an explanation, either do not respond or repeat your banal statement and wish them well.


I believe (but am not certain) that the ADA does not apply to private single family homes such as you are renting out -- in which case, you can simply tell the guest that you cannot accept animals in your home, and that he will have to find another place to stay. I know ADA doesn't apply if you have a single family home and are renting out a room in that home, but I don't know for sure in the case where you are renting out the whole home, as you are. I think that is the same and ADA doesn't apply.

You might also tell the guest that from time to time you host people with severe allergies to animals and that for that reason too you can't have animals in your home, or those people would not be able to stay in your home.

Jay:
If the person's blind that one's thing. If it's some kind of support dog thing, the person is likely to be so unhinged you wouldn't want to host him or her let alone their pet. It's enough to put up with in on Muni or in a restaurant.

Peter:
Deborah's comment contains great information on how to deal with a Guest's booking request that mentions a service dog. However, if I read Tony's posting correctly, his situation is that the Guest arrived with the dog AFTER Tony accepted the booking request. What to do in that situation? Tony's lack of a clear pet/service animal policy complicates the problem. To avoid future problems, Tony (and all Hosts) should have a clear policy on their listing, carefully crafted to comply with the FHA, ADA and other applicable anti-discrimination laws. This is a tall order, I know, since these laws are complicated. To be sure, one may need legal assistance. Going back to Tony's problem, having accepted the booking, there is a prima facie duty to honor that reservation. Not doing so may have negative consequences via a vis Airbnb (e.g. lower search ranking, loss of Superhost status) so someone in Tony's situation needs to consider that carefully before turning the Guest away. Also, it may still be within Tony's prerogative to ask in advance the Guest to provide proof that the service dog is certified. Some airlines require the production of a doctor's letter. Finally, a Host may also consider charging an extra cleaning fee (to make sure future pet allergic Guests are not affected), but again, it's probably not good to impose this charge after the reservation is made. Bottom line: even though an outright exclusion on the listing may be legally tricky, there are things Hosts can do to deter Guests from making a booking request - (1) the Host can state a reason that Guests with animals are not a "good fit" (e.g. Host or Host with kids who are afraid of/allergic to dogs, Host has a dog/cat that reacts badly with other dogs in the house etc) (2) impose an extra cleaning fee, (3) demand proof of service dog certification plus doctor's note.

TOny:
Thanks all for your feedback on this question.Peter,you are correct about the quest just showing up with the dog. There was never anything mentioned about bring a service dog when he booked. I do think that it is not a registered service animal but more he didn't want to leave it home. I now will update my listings with the suggestions you all mentioned. The tricky part now comes to what I put in his review!

PEter:
Yes, that is tricky since your listing did not contain any language prohibiting him from bringing the dog when you accepted his reservation. If I were in your position, I'd let it pass and chalk it under "lesson learned" unless the dog created an unreasonable amount of mess or damage.

James:
Mention the dog. Say something nice. "his service dog spot was a very sweet surprise". He can't complain but you have alerted future hosts.

Deborah:
One thing that can be done, to be able to deal with (and potentially to turn away) a guest who brings an animal when they show up, but did not indicate that they would bring one when they were booking , is to state very clearly in your listing description and/or house rules, that anyone who intends to bring an animal of any kind MUST tell you about this in advance of booking. And at the same time, state in your house rules that you do not accept guests with animals.

WIth these two statements in your house rules, you are then able to turn away (eg refuse to honor the reservation of ) a guest who brings an animal , who has not told you in advance that they were bringing an animal. Your turning them away can then be on the basis that you stated clearly in your house rules that all persons who intend to bring animals MUST notify you of this prior to booking. So , you would be turning the person away, not because they had an animal, but because they did not notify you of this in advance of booking.

And you can of course use such a house rule for your own benefit the other way, too. If they DO inform you in advance of booking that they want to bring a service dog, you can decline them, (should you wish to do so) without giving a reason for declining them.

Peter:
Does stating that prior notice of an animal is necessary imply that you allow such animals? If so, doesn't that contract the second statement?

Deborah:
I dont' think stating that a guest intending to bring an animal, must disclose it in advance, implies that host allows such animals. Particularly if the host states that animals are not allowed. The statement about the need to disclose one is bringing an animal could have the intent of allowing both host and guest to avoid the awkwardness of guest showing up with an animal they did not disclose, and the confusion about what to do then. Having this statement in one's house rules may give host firmer footing to turn the guest away.

Deborah:
Also...even if the host's statement that guest must disclose in advance if they will bring an animal, implied that host would potentially accept animals, host is not obligated to accept an animal when notice was not given in advance that animal would be brought. So, host accepts some animals (potentially, service animals only) , but requires advance notice of guests bringing animals, and will refuse reservations where advance notice has not been given.

Deborah:
For instance, this statement in house rules:

No pets/animals may be brought to my home. Any guest who intends to bring an animal, MUST disclose this prior to booking. In the case of a guest who fails to disclose that they intend to bring an animal prior to making a reservation, and arrives with an animal, their reservation will not be honored and they will be turned away.

Deborah:
Or maybe one could write this instead?

No pets/animals may be brought to my home. In the case of a guest who fails to disclose that they intend to bring an animal prior to making a reservation, and arrives with an animal, their reservation will not be honored and they will be turned away.

Peter:
I dunno, still seems to boil down to this: Rule 1 - you can't. Rule 2 - but you can if you ask first.

Deborah:
Yes, there is certainly the suggestion that you can bring an animal if you ask first. And in fact that may be the host's view -- the host may in fact allow service animals if the person asks first. However, into the mix needs to be added Rule 3 -- that hosts can decline a reservation request or inquiry for any reason, or no reason -- they don't have to give a reason. So when you take Rule 1 and Rule 2 together with Rule 3, you get the outcome of being able to decline someone who you dont' want as a guest, for an undisclosed reason,( as well as being able to turn away someone arriving with an animal who books but didn't disclose prior to booking that they were bringing an anima. ) Eg -- Just because a host is opening to allowing guests with animals, does not mean that every single guest with an animal who inquires, will be accepted as a guest by that host. The host may decline on that basis, or for another reason -- without saying why.

Keith:
how about "no pets are allowed.. if you require a pet or service animal we're unfortunately unable to accommodate you". if they show up with a dog simply say, "the listing is clear that we cannot accommodate pets you're welcome to stay but the pet cannot". hotels often have 'pet stay' rooms.. with a single room it's hard to do.. worse if your next guest is allergic and there was just a pet in there. pet owners need to understand the impact this has on others.

A:
For future reference, "Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA." From ADA.gov

By federal law you cannot turn away a service animal. You also cannot, by law, require them to show you documentation of the service animal. You can ask them what SERVICE the dog performs. What many people are unaware of is that a "Therapy" or "Emotional Support" animal is considered a pet, as it does not provide a service that the person cannot perform himself. Under the ADA, “comfort,” “therapy,” or “emotional support” animals do not meet the definition of a service animal.

"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."

Tim;:
I just had a conversation about this today with another landlord at a cafe. He informed me that if a landlord has a no pet policy and a renter comes with a service animal that he has a right to ask for proof. This is not correct?

It may be unfounded but I get very uneasy around pitbulls. I use to tell my renters that due to my insurance requirements, I don't accept certain breeds. (there's a list of certain breeds that are prohibited).

A:
"You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually." Read what the ADA has to say, instead of relying upon what some other guy told you in a cafe. Seriously.

A:
Tim, in my case, I'm talking about a hosted stay in my home where I am living. Renting apartments to people with service animals is different, as are hotels.

TIm:
I understand now. Thanks for the clarification. Unfortunately, it is probably being abused like the handicapped parking passes.

I am still confused about service animals though. We bought a Goldendoodlle from a breeder who trains her dogs to be service animals. They take a long time to train and they end up costing $30,000 or more. Sadly, Theo didn't have the right stuff to begin training but he does sit, twirl, and is adorable,

Tony:
My service dog quest has now lost the front door key! This a guy with good reviews and his own listing in NYC.

TOny:
My neighbor has complained that this quest leaves his Service Dog locked in the bathroom when he leaves for most of the day and evening and it is barking!

Peter:
Tony, that is not acceptable. Keeping neighbors happy should be a high priority of Hosts. I suggest communicating with your Guest to resolve this issue and let your neighbor know asap the solution that's been put in place.

Deborah:
GOod example to illustrate the reason for never allowing guests to bring any animals into your place!

TOny:
Peter, yes I told him that this had to be taken care of asap. He did take it and leaves Friday, after showing up with dog,then losing the front door key and then this,it can't be to soon for me.

By the way, a snake is not a service animal!!!


www.cnn.com/2015/08/15/us/restaurant-snake/

That's so rotten that people abuse the law to bring their pets in, and cause you such trouble!! Comfort animal my behind. That nonsense needs to be put to rest right quick. There is hardly a pet on the planet that doesn't provide emotional support to its owner!!

The law says that only dogs can be service animals...but I doubt a chihuahua will ever make the cut. I just was in a conversation on another host group, where one of the hosts there is a trainer of service animals. She says that it's a very elite corps, the dogs who do graduate from service animal school. Only 25% of the dogs she trained, made it through. And the cost is enormous -- it costs $30,000 to train a service dog. (Eg, that is the price she sells them for, after the training...to compensate for the time it takes). No one is going to waste all that energy on a chihuahua -- they're not tall enough, for one thing....

Daniel, the Emotional Support Duck:

metro.co.uk/2016/10/18/someone-brought-an-emotional-support-duck-on-a-plane-and-people-loved-it-6198220/?ito=facebook




Emotional Support Turkey spotted at airport checkin:

metro.co.uk/2016/02/04/emotional-support-turkey-spotted-queuing-at-airport-security-5661337/

Does it have a nappy?

On board!!


Emotional Support Pig on airplane:

metro.co.uk/2016/01/21/now-passenger-takes-an-emotional-support-pig-on-a-plane-5636920/

Hi Bsuze, I know that while there is nothing in the Airbnb anti discrimination policy that addresses host's allergies to animals, there absolutely is in their "Host Resources and FAQs" page: 

Question: I am allergic to dog hair. How should I handle requests from guests with service animals?

Answer: It’s important to be empathetic to guests with service animals and to make every effort to accommodate them. However, if a service animal would jeopardize your health, or that of a roommate or family member, you do not have to host the guests. Please be clear and polite when communicating with guests about this. We also suggest you include this information in your listing description in order to better inform prospective guests.

www.airbnb.com/help/article/1435/host-resources-and-faqs-about-nondiscrimination

While your guest's inquiry was polite enough to state that he is allowing you to determine whether or not you can accommodate, he is misinformed regarding "I know you can't refuse based on the service animal". I don't know if you are allergic, but if the animal would cause you or your family to get sick, you can. I have it in my listing that I am allergic to dogs and cats, because I am, unfortunately. Be aware that the dog breed he states is known for being a hypoallergenic breed, so he may argue on that point. For me personally, any amount of dander regardless of how minimal (and all dogs produce some level of it) will affect me.

So that is the protection that Airbnb provides for you. As for protection from the law, that's a different thing but here is an article that I think Deborah had posted some time ago that may help:


Sometimes guests, with disabilities or not, may assert that they have a "right" to bring service animals (for instance) because Airbnb hosts are offering a "place of public accommodations". Actually the law indicates that for the most part, when hosts are offering a room in the home that they themselves live in , such offerings are NOT considered by the law to be "public accommodations" See the definitions section of the document: 

"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.