Post by High Priestess on Jan 1, 2020 18:19:27 GMT
The law does not compel people to accept animals in their home. Airbnb does.
There are specific exemptions under the FHA for not accepting SA or ESAs - if it is an owner-occupied building of 4 units or less (2 units of less in some states with tighter regs, like CT), if the owner has 3 or less single family homes and does not rent thru a real estate broker (OTAs are online service providers, not real estate agents), etc.
Anyone doing direct bookings or using an OTA with different assistance animal TOS doesn't have to go thru this crap. HA/VRBO address only SA IIRC, so hosts with them can follow FHA regs (which apply to *residential* housing, not vacation, transient STR) on ESAs at least.
Service Animal Exceptions:
www.humanesociety.org/resources/fair-housing-act-and-assistance-animals?
"Housing covered by the Fair
All types of housing, including public housing, are covered by the FHA *except*: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members."
FHA Exemptions By State
fairhousing.foxrothschild.com/2013/04/articles/fha-basics/the-fhas-mrs-murphy-exemption-a-50-state-guide/
(Note: you MUST check your state's exemptions too. They can legally be more limited than the FHA ones above (e.g. CT restricts owner-occupied dwellings to 2 units or less, not 4 as in FHA)
web.archive.org/web/20190227023814/http://www.bhgrlaw.com/blog/housing-provider-obligations-under-the-fha-and-ada-do-i-need-to-allow-service-assistance-animals-in-my-short-term-vacation-rental/
"Arguably, the FHA would not apply to most short-term vacation rentals because such rentals are typically “transient” in nature, and the property is not the “residence” of the occupant. However, such determinations should be made on a case-by-case basis. Some relevant factors in determining whether the property constitutes a “residence” subject to the FHA include: (1) the extent to which occupants treat the property like their own home by doing activities such as cooking and cleaning; (2) the length of time the occupant lives in the property; (3) the intent of the occupant to return to the property; (4) the absence of another residence; (5) the presence of common living areas such as a kitchen and living room; and (6) the nature of the occupancy. Id. Note that the length of the stay is not the single determinative factor...
Exceptions to this law include buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements."
www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
.
"The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members."
HUD to Strengthen Landlords’ Rights in Service Animal Requests
magazine.realtor/daily-news/2019/05/15/hud-to-strengthen-landlords-rights-in-assistance-animal-requests
"...'HUD does not recognize these pay-to-play certifications as reliable,” Grosso said. “You should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal.”
Grosso said HUD is developing new guidance that will address for the first time what “reliable verification” means as it pertains to tenants’ service animal requests. It’s not clear when the guidance, which is currently under federal review, will be released..."
There are specific exemptions under the FHA for not accepting SA or ESAs - if it is an owner-occupied building of 4 units or less (2 units of less in some states with tighter regs, like CT), if the owner has 3 or less single family homes and does not rent thru a real estate broker (OTAs are online service providers, not real estate agents), etc.
Anyone doing direct bookings or using an OTA with different assistance animal TOS doesn't have to go thru this crap. HA/VRBO address only SA IIRC, so hosts with them can follow FHA regs (which apply to *residential* housing, not vacation, transient STR) on ESAs at least.
Service Animal Exceptions:
www.humanesociety.org/resources/fair-housing-act-and-assistance-animals?
"Housing covered by the Fair
All types of housing, including public housing, are covered by the FHA *except*: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members."
FHA Exemptions By State
fairhousing.foxrothschild.com/2013/04/articles/fha-basics/the-fhas-mrs-murphy-exemption-a-50-state-guide/
(Note: you MUST check your state's exemptions too. They can legally be more limited than the FHA ones above (e.g. CT restricts owner-occupied dwellings to 2 units or less, not 4 as in FHA)
web.archive.org/web/20190227023814/http://www.bhgrlaw.com/blog/housing-provider-obligations-under-the-fha-and-ada-do-i-need-to-allow-service-assistance-animals-in-my-short-term-vacation-rental/
"Arguably, the FHA would not apply to most short-term vacation rentals because such rentals are typically “transient” in nature, and the property is not the “residence” of the occupant. However, such determinations should be made on a case-by-case basis. Some relevant factors in determining whether the property constitutes a “residence” subject to the FHA include: (1) the extent to which occupants treat the property like their own home by doing activities such as cooking and cleaning; (2) the length of time the occupant lives in the property; (3) the intent of the occupant to return to the property; (4) the absence of another residence; (5) the presence of common living areas such as a kitchen and living room; and (6) the nature of the occupancy. Id. Note that the length of the stay is not the single determinative factor...
Exceptions to this law include buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements."
www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
.
"The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members."
HUD to Strengthen Landlords’ Rights in Service Animal Requests
magazine.realtor/daily-news/2019/05/15/hud-to-strengthen-landlords-rights-in-assistance-animal-requests
"...'HUD does not recognize these pay-to-play certifications as reliable,” Grosso said. “You should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal.”
Grosso said HUD is developing new guidance that will address for the first time what “reliable verification” means as it pertains to tenants’ service animal requests. It’s not clear when the guidance, which is currently under federal review, will be released..."