This forum is dedicated to connecting hosts with other hosts. Sign up to get the latest updates and news just for AirBnb hosts! Note that we are not affiliated with Airbnb - we are just passionate hosts!
Owner-occupied homes or buildings with fewer than 4 units are exempted from the laws that would normally require acommodation of service or ESAs. They sometimes refer to it as a “Mrs. Murphy exception”
Allergies are also considered a disability under ADA. Their disability shouldn’t trump yours. If you share the home, and have something on your listing about “Unable to host animals due to severe allergies” Air agents will cancel/rehome guests with service animals.
OMG…this brings back a memory of a request I got…she was allergic to feather, polyester, foam etc etc and didn’t want any other guest to cook XYZ because it bothered her. I replied while she was welcome to stay I could not gtd that it any or all of her above mentioned restrictions would not be in the room nor would I attempt to tell another guest what they could or could not cook while she staying in the home. She initially accepted however she later cancelled…
This sounds strangely wrong to overly simplistic. I do not agree that 4 or fewer can just turn away service animals federally . I think it is about ADA accommodations, not service animals. And ADA is exempt for owner occupied 5 units or less. It is much more difficult than just “allergies are a disability.” And states/cities can further restrict this.
And Airbnb regarding service/support animals is very specific, relating to serious allergies, or potential problems with your own pets, etc. And you need to make it clear in your listing as well, as you said. But you cannot override federal/state/local requirements even if a listing site allows it.
That goes to race and gender if Mrs. Murphy the racist lives in the building. I cannot find anything supporting an exclusion regarding service animals. Where did you read this?
It seems to be case by case, where the closer a listing is to a hotel in terms of function/presentation (not location), the more it is likely to fall under both fair housing and disability act provisions.
EDIT per @KKC for clarity / due to lack of a.m. coffee.
Part of the problem, is that people think that following the Airbnb or HomeAway or booking.com service animal requirements means they are fine. None of these can override federal or state regulations. And in these gray areas, the onus may be on the vacation rental owner to prove they are not required and they may very well lose.
My point is that I am hypoallergenic, and there is a specific example in the ADA guidance related to allergies and such a facility. I quote this in my agreement.
Hypoallergenic refers to some of my units. I try to prevent animals, cooking with shellfish, no smoking or vaping, no use of strong aromas such as perfumes allowed.
In other words, I’m trying to prevent guests from using allergens that may disturb people with respiratory problems such as asthma, Etc.
Some people are highly allergic, such as myself, and the presence of allergens can trigger respiratory problems.
So one person dragging in animals can make it difficult from then on to protect people with respiratory disabilities.
Paragraph 2: “The ADA does not cover owner-occupied establishments renting five or fewer rooms.”
Please note that it doesn’t say “exempted except for these special cases” or “exempted, but it would be really nice if you were a sweet person and did it anyway”. It says exempted. That means on an owner occupied property with few rooms, at least federally, there are no laws compelling the owner to comply with ADA. If you have conflicting documentation from a .gov domain, I’d like to see it.
The ADA includes service animals as an accommodation. They’re covered under title II and III.
You can refer back to the link I shared specific to lodging; they have a whole section on service animals in public lodgings.
So I’ll say it again: If someone SHARES THEIR HOME they can decide that the danger posed to their own allergies prevent them from accommodating a guest with a service animal. So long as its stated on the listing, Airbnb will back them up. There is no federal law to conflict with (for a home host w/ <5 rooms)
You’re right; “Mrs Murphy” is the term applied to FHA exemptions. ADA has a similar exemption for small properties, but no racist poster child.
ADA needed to define when a property goes from being a private residence to a public accommodation subject to the laws. Here’s what they say: https://www.ada.gov/lodblind.htm
“The ADA does not cover owner-occupied establishments renting five or fewer rooms.”
Perhaps we can start calling it the Mr/s. Klatchers exemption, for the allergic host who wants to keep out perfumes, animals, and vaping?
Your first post said owner occupied with five or fewer units or those with four or fewer. And it must be PRIMARY residence of owner.
The four or fewer was incorrect.
Also, it is the opinion of many across the web including lawyers that service animals and Ada in this context is very gray, not exempt and we are done with it as you are portraying. It doesn’t say exempt, it says ADA does not cover that situation. But some believe it doesn’t apply to service animals, but structural or similar mods for disabled.
And many states and cities further restrict this and that overrides a federal or Airbnb position.
And regardless what Airbnb or HomeAway might say, some people have complained that they were threatened with delisting by an Airbnb CS even though it seems like you can state in your listing allergies, having certain pets of your own, etc. and not accept service animals.
You are oversimplifying a maddeningly complex situation, including the fake service animal conundrum.
I don’t think you are using the word properly, even given that it has no agreed upon definition. Best I can tell it’s a word that means nothing so people can use it however they want.
You can keep them from dragging in animals but there are so many other allergens that someone can bring in that you have no control over. I live in the same home and I can’t seem to stop people from using perfumes. Sometimes it’s so strong I can smell it through the ventwork before I even go in the room.
Promoting your rentals as “hypoallergenic” seems misleading and unwise.
