Here is a link to the Airbnb website explanation of when you are permitted to exclude minors.
https://www.airbnb.com/help/article/898/ada-and-fha-compliance-policy
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Here is a link to the Airbnb website explanation of when you are permitted to exclude minors.
https://www.airbnb.com/help/article/898/ada-and-fha-compliance-policy
Hi EllenN, Do you know if there is a version for Australia? Or maybe someone else could offer guidance. Itâs really got me thinking.
I donât know about Australia. You might want to call your local number for Airbnb and ask them.
Airbnb is not the goverment at all for U.S. âŚread carefully
The FHA prohibits housing providers from discriminating against applicants or residents because of race, color, religion, sex, national origin, disability, and familial statusâincluding children under the age of 18 staying with parents or legal custodians and pregnant womenâin most housing related transactions, with a few limited exceptions.
The FHA also makes it unlawful to advertise any preference, limitation, or discrimination based on these categories. One type of disability discrimination prohibited by the FHA is the refusal âto make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.â
Anyone can look up many past cases in the United States of âpreferenceâ related lawsuits. Also, anyone can ignore this and trust Airbnb. Everyone should just be careful.
How do the anti-discrimination laws get âabusedâ? Of course youâre not allowed to advertise that you prefer to not have guests who are of a protected class against whom you are not permitted to discriminate. How would you distinguish that from discrimination?
When my father was a baby, his mother put sugar water soaked rags in his mouth because children werenât permitted in the apartment my grandparents were renting. This was so common that there werenât any other options for housing. My husbandâs mother and uncle were put in to an orphanage because their parents divorced and their mother needed to get a job. At the time it was legal to fire a woman for having a child. I am 1,000 percent supportive of anti-discrimination laws.
The laws only get abused by those trying to sueâŚlike the recent squatterâŚnot us, and your family, etc.
Because the U.S. is so sue crazy is why so many get away with crap like this stuff. The government also is harsh on those who âadvertiseâ because they donât want it to be written in any form- the discrimination still goes on.
Some kind of legal discrimination is still allowedâŚbut as long as it is hush hush behind closed doorsâŚitâs okay. But it cannot be âadvertisedâ - because it doesnât help us move forward as a society in general. I was surprised myself to read up on this stuff.
Basically the U.S. government still recognizes your right to private discretion in your own homeâŚbut do it behind closed doors is all.
But I donât think these FHA rules apply to those people you share YOUR HOME WITH. In those cases you can be more discriminatory! For instance, if I am a single female, I donât have to share my home with a male roommate.
If you go to list a place on Craigslist for rent, they strongly advise you to describe the property, not the people. In other words: Studio for rent, city views. Not: Single professional preferred for studio. No families. You canât say that in an ad.
Air has some language about this on their website. Air is not HOUSING. Air is short term rentals. That being said, they have faced some issues lately regarding discrimination by hosts against blacks and gays.
Children are not a great fit with most Airbnbs as they are personal spaces that you share in many cases.
Airbnbs are not HOUSING. They are short term lets. Different rules apply.
Yes, you are correct. Certain laws you can somewhat state a preference and others you cannot. It is so silly to me.
I am only warning others to watch out for âstatingâ a preference. I had zero knowledge that this was against the law in many cases. You can have the best intention for families with childrenâŚand then someone like the squatter will search for those listings to sue. And it wonât be an attorney picking up the lawsuitâŚit will most likely be the U.S. goverment.
I think it is a US government FHA regulation. Look on Craigslist. They define it really well. Does that stop anyone? No⌠but at least they have been warned.
I think youâve hit on an important point regarding the difference between âyour homeâ and âa hotel (or other establishment)â. But there does seem to be a lot of different ways that Airbnb hosts see what theyâre offering. Iâve seen a lot of hosts saying âthis is my homeâ, âtheyâre sharing my homeâ etc. Other listings seem to present more like a holiday or hotel letting.
I completely understand why âstating a preferenceâ is considered discrimination. I wouldnât feel that I would be treated fairly if I was permitted to live or work somewhere, but a preference had been stated against me. For example, if I answered an employment ad that said that the employer preferred a man, but would accept a woman because they had to I wouldnât believe that I wouldnât be treated fairly.
I read the Craiglist and/or Roommate lawsuit a while back. I do give Craigslist credit for doing one thing right:)
The entire thing is crazy to me. I 100% agree with anyone who doesnât want to advertise to children. I donât blame them. The only reason I donât check off that box is because of the U.S. law. Airbnb cannot be trusted.
Again⌠In the US these laws speak to housing⌠places you live permanently. A place you rent for a few days surely cannot be held to this standard?
I have a staircase to my rental. I say it is not handicapped accessible. That is the truth.
If I were long term renting, could a potential tenant challenge me and make me build a ramp?
EeekâŚEllenâŚ
I hope you understand I am only quoting U.S. crap law. I in no way stand behind anything I said as far as what I believe personally. I only wanted to quote the law for the OP. She probably did come across some jerk who said she was discriminating.
I personally prefer to discriminate in all ways of life. I am only mentioning this stupid law because I prefer to hold onto my money and not be sued
It is not AirBnB that needs to be trusted, I am sure they would gladly not have to deal with none of this. I am sure they are not trying to push an agenda, but just trying to do business in a legally very-tricky country.
What is stupid about the law?
It looks like your circumstances exempt you from discrimination laws at least as far as not permitting children and not accommodating people with disabilities.
https://www.airbnb.com/help/article/898/ada-and-fha-compliance-policy
Yes, the same thing I thoughtâŚsurely in your own home you donâ't have to have the same standard. And yes you are correct in many instances.
Maybe tomorrow I will try to find and upload the exact congress debate in the 1960s when it was initiated. The intent was true discrimination. But it just goes back to how you have to apply one law across the board. It was interesting to read.
Itâs true, I donât accept teenagers even with a parent. I guess I regard this as a lifestyle choice in my home, just as I say I donât allow shoes in the house or smoking. Obviously, this can turn into a much larger discussion about race and sexual preference but if itâs your home and you really donât want a certain kind of guest in your home, is it even safe for the guest to stay with an Airbnb host that clearly is so bothered by something about that guest that itâs not good for either party?
I read some of the link provided and I found this under exemptions: â(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.â So I think Iâm ok to say I donât accept anyone under the age of 18. Do you agree? (I live here full time in a 2 bedroom condo and I rent out the other room on airbnb.)