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!
They really need to think about this because there are laws in some states where it is punishable with fines and/ or jail
Currently, California and eighteen other states have laws concerning service animal fraud: Colorado, Florida, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas, Utah, Virginia, and Washington, and other states are working on similar things
Now see, that is the responsible attitude of someone who has a real service dog. Why would someone with a SD want to impose themselves where dogs, even SDs, are not welcome, or the place isnāt suitable. Believe it or not, Iāve read other posts from SD guests who arenāt even hosts, who say they always dialogue with a host first to make sure the place will be suitable.
The āI donāt have to inform anyone I have a SD, and everyone has to accept usā, just because that is the law, has an element of defiant adolescence to it.
Well said, @muddy! I would never want to start of any relationship on an antagonizing foot. Who needs that noise? I go where Iām wanted, whatever it is. I donāt beg people to take my money. Iād rather give it where it is joyfully welcomed, especially since there are so many options in most market segments these days.
MORE INFO
Airbnb appears to be making changes in their emotional support animal policies & assistance animal policies.
In two different accessibility policies/help articles the links to the Assistance Animal policy did not work.
Help search for Emotional Support Animal returned only odd unrelated articles.
Iāve found it now in the finding a pet-friendly listing. The Assistance Animal links are not working for me either. Looks like a slow update.
as well as these places:
https://www.airbnb.com/resources/hosting-homes/a/what-you-need-to-know-about-hosting-pets-463
I know that they mention CA and NY specifically, but hosts in other states should check their state and/or city non-discrimination laws as well.
There are 2 variations on the issue.
STRs (less than 30 days stays) and LTRs (30+ day stays).
In most places, STRs (less than 30 days), will fall under the Public Accommodation laws and will not have to accept ESAs because Public Accommodation laws mimic ADA laws, which protect Service Dogs but not ESAs. However, there may be exceptions in addition to NY and CA.
LTRs (stays of 30 days or more) will fall under the Federal Fair Housing Laws as well as state and local housing laws. Although the Feds give a couple of big exemptions (owner-occupied house with 4 units or less or 3 single family homes without use of a broker), most states, and some cities, are more restrictive so itās important to know your local laws.
As an example, the only exemption in MA is an owner-occupied house with 2 units or less, a duplex or less. So if you donāt live at your rental or have a 3-family in MA then you are not exempt and must still accept ESA.
And in WI, there are no exemptions to the very strict WI fair housing laws (they call them Open Housing laws), not even for an owner-occupied single-family home. The laws in WI are the most restrictive Iāve ever come across. They are pretty amazing. They cover all and every type of housing and have 13 protected classes statewide. Many of their cities have additional protected classes. Madison, WI has 25 protected classes for housing, including prohibiting discrimination based on appearance and being a student (or not).
Just get to know you local laws.
As a note, having a guest move out after 29 days and then move back in a few days later does not make it a STR, it is still a LTR.
Curious if folks who donāt allow pets will include this update of no emotional support animals in their rules somewhere. If so, would love some suggested language.
@HudsonNY
Here you go. This is for short term rentals only.
HOA rule: No pets allowed.
NO Emotional Support Animals allowed.
SERVICE ANIMALS:
No cats allowed due to owner allergies. Airbnb rules restricts service animals from being left alone in the rental. Not meeting these requirements will immediately terminate the rental.
I thought you were in NY? Your NY state human rights laws donāt really allow you to refuse an ESA.
But, more importantly, it is always illegal to advertise a discriminatory preference even if you can legally enforce a discriminatory preference. I.e. You canāt say āno ESAsā in your listing, but you can tell a guest that you donāt accept ESAs when they message you.
Also, Airbnb has specifically said hosts in CA and NY cannot refuse ESAs.
I have hunted high and low and have only found ESA related language for NYC rentals (Iām not in NYC). Still continuing to look but meanwhile Iām curious about how folks would include in rules
Itās not straightforward at all. And itās not a clear line either. I think that Airbnb is probably just covering their assess because of different conflicting laws, conflicting definitions and case law. Thatās my best guess because it is rife with holes to fall into.
I dug into it too and a lot of seems to involve 1. the definition of a service dog (which is conflicting among the DOJ, ADA, NY CRL (Civil Rights Law) and NY HRL (Human Rights Law) (i.e. too many cooks in the kitchen) and 2. the implied priority of reasonable accommodations within the NY state laws.
This excerpt (from the link below) explains it a bit:
In addition to the ADA the State CRL remains fully applicable throughout the State; although the State CRL is limited to guide, hearing and service dogs and incorporates by reference DOJ provisions concerning control of such dogs, it does not adopt DOJās limitations on the functions of a service animal (e.g., DOJās exclusion of emotional support).
Hereās a very detailed discussion about it from the NYC Bar:
But I stand by my point that hosts should not advertise āno ESAsā because the act of advertising a discriminatory preference is illegal even if when the discrimination itself is not.
Part of what the issue is in NY is what the definition of a service dog is and what training involves (or not). Basically, it would not be difficult to claim that your dog is a service dog in NY. And I think we will start hearing more and more about guests claiming to service dogs now instead of having ESAs. That is already happening with the airlines. Now that the airlines can (and do) refuse ESAs, there are just a ton more service dogs. Hosts too will soon be dealing with fake service dogs.
I have a person coming to stay and booked several months ago. I received a text through Airbnb and she produced a psychiatric (I did not ask for it) letter states she qualifies for an ESA and her dog is going through the process of being qualified however not yet qualified. She started the conversation by saying she couldn/t find anyone to watch her dog and then produced the letter.
The letter was written in September. Our place is in MI. Airbnb not backing me even though her dog is ānot yet qualified as an ESAā. Thoughts on how to handle this.
Did she instant book? If she instant booked and you donāt want to host her then use one of your free cancelations.
Sheās clearly full of BS, because ESAs donāt go through a qualification process, they are ESAs explicitly because they are not trained to do anything special. If it was going to be a psychiatric service dog (which are common) then she wouldnāt have called it an ESA, she wouldāve called it a service dog in training (which are protected as service dogs), so sheās just dumb on top of it all.
If she didnāt instant book then call Airbnb again and tell them the dog is not an ESA, because it isnāt. It either is or it isnāt, thereās no in between for an ESA.
She did not instant book. I called Airbnb and they basically said because of the letter they have escalated it to legal and if I cancel itās on me so far. It is a bunch of BS as far as ESA letters and the fact that the dog is ānot yet qualifiedā Airbnb should back their superhosts.
Send them this article from the Airbnb website and tell them you do not accept pets:
Emotional support animals are now regarded as pets, not assistance animals, except in the US states of New York and California.
Is this still on the Airbnb website? Wondering why Airbnb is not backing me?? Frustrating!
Yes, thatās a screenshot but I gave you the link too.
You might also want to send this information to the guest so she knows that the gig is up and see if you can get her to cancel and find a pet-friendly place. Itās worth a try if you just really donāt want to host her and her dog. But be polite and promise her a full-refund if she cancels.
I feel like she will file discrimination with the ADA. Would I have a leg to stand on? with her dog not yet being qualified?
Topics like this make so glad I live in Spain.
ĀæQuĆ© es un animal de apoyo emocional?
JF
Information for you to consider.
From the AKC
Emotional support dogs are not considered service dogs under the ADA.
the Fair Housing Act mandates āreasonable accommodationsā for emotional support animalsā-most short term rentals are not covered by FHA
You can require the dog not be left alone in the rental & must be leashed & wear cape or vest indicating it is a service dog in training. You can also require pet waste disposed of properly. Any violation of these requirements may result in immediate termination of the rental agreement.
She canāt. The ADA has nothing to do with ESAs, the ADA only protects actual Service Dogs. And just for due diligence, Iāve just read your MI laws about Public Accommodations, like your Airbnb, and even the MI state laws specifcally say that ESAs are not protected. She doesnāt have a leg to stand on.
