well said, mine says similar
no fence, cliffs, wildlife habitat , natural predators
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no its a doctor
and legally since the house is private property you are well within your rights legally to request proper documentation
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Of course you are for any business not done subject to AirBnB terms and conditions.
I’m guessing its different in the states because in Canada we are allowed. I have done so in the past - since I live in a pet free building and strata laws stipulate that service animals are allowed but not emotional support animals and we had a guest try to bring one (unannounced) and i won legally
We live in a gated condo complex that requires prospective guests to file the papers if bringing a service animal, especially one bigger than the 25 lb. limit imposed by the HOA. But yes, as a private residence I do believe we have the right to refuse emotional support animals. Here is more info that may be of interest:
Assistance Animals under the Fair Housing Act - Overview
The Fair Housing Act, 42 U.S.C. §§ 3601, *et seq.* (“FHA”), with a few limited exceptions, requires housing providers (including owners, managers, condominium associations, lenders, real estate agents, etc.) to make reasonable accommodations to allow assistance animals in housing, despite any “no-pet” policy that may exist. 24 C.F.R. § 100.204
What is an assistance animal? Pursuant to HUD guidelines, an assistance animal is “an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability.” See, HUD Notice FHEO-2013-01, issued April 25, 2013 (the “HUD Notice”). Thus, assistance animals include those that provide emotional support, companionship, work and/or tasks for disabled individuals. Note that an assistance animal can be *any animal* , not just a dog. The animal does not need to be specially trained. Also, the animal should not be considered a “pet,” and a housing provider cannot therefore require a pet deposit. The housing provider also cannot limit or exclude assistance animals based on breed, size or weight.
The FHA applies broadly to housing, whether or not federal assistance is required. More specifically, the FHA applies to “dwellings,” which are occupied as, or designed or intended for occupancy as, a residence. *See* , 42 U.S.C. § 3602(b). While the term “residence” is not defined in the FHA, courts have interpreted it to mean “ *a temporary or permanent dwelling place, abode or habitation to which one intends to return as distinguished from the place of temporary sojourn or transient visit.” See e.g., United States v. Hughes Memorial Home* , 396 F.Supp. 544 (W.D. Va. 1975). Thus, while a temporary residence may fall under the FHA, a mere “transient visit” does not. Courts have found a number of temporary residences to be dwellings under the FHA including, without limitation, homeless shelters, timeshare units, summer bungalows to which one regularly returns, migrant farm worker cabins, a womens’ shelter, and a drug and alcohol treatment facility. *See e.g., Telesca v. Kings Creek Condo. Ass’n* , 390 Fed. Appx. 877 (11th Cir. 2010); *Home Quest Mortg. LLC v. Am. Family Mut. Ins. Co.* , 340 F.Supp. 2d 1177 (D. Kansas 2004); *Connecticut Hosp. v. City of New London* , 129 F.Supp.2d 123, 133 (D. Conn. 2001); *Schwarz v. City of Treasure Island* , 544 F.3d 1201, 1214 (11th Cir. 2008).
Does the FHA apply to short-term vacation rentals?
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.
Service Animals under the Americans with Disabilities Act - Overview
Under Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189 (“ADA”), it is unlawful to refuse to allow a “service animal” in a place of public accommodation.
What is a service animal? A “service animal” is “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” 28 C.F.R. § 36.104. In addition, the ADA requires that public accommodations permit miniature horses that have been individually trained to do work or perform tasks for the benefit of the individual with a disability. 28 C.F.R. § 36.302(c)(9). Note that *only dogs and miniature horses* can be service animals under the ADA, and the dogs or miniature horses *must be trained* to do work that is directly related to an individual’s disability.
A place of public accommodation is required to modify its policies, practices or procedures to allow the use of a service animal by an individual with a disability *unless* (1) the animal is out of control and the handler does not take effective action to control it or (2) the animal is not housebroken. 28 C.F.R. § 36.302. In addition, with respect to miniature horses, a public accommodation shall consider the following in determining whether reasonable modifications can be made to allow the horse: (a) the type, size and weight of the miniature horse and whether the facility can accommodate these features; (b) whether the handler has sufficient control of the horse; (c) whether the horse is housebroken and (d) whether the horse’s presence in a specific facility will compromise legitimate safety requirements necessary for safe operation.
A “place of public accommodation” under the ADA is lodging operated by a private entity that is:
- an inn, hotel or motel; or
- a facility that provides short-term rentals (generally < 30 days) where the occupant does not have the right to return to specific unit after the conclusion of the stay, and that has amenities similar to a hotel, including:
• on-site or off-site management and reservations;
• rooms available on a walk-in or call-in basis;
• housekeeping and/or linen service; and
• acceptance of reservations without guaranteeing a particular room until check-in, with no requirement of a lease or deposit.
See, 28 C.F.R. § 36.104. A “public accommodation” does not include a lodging with < 5 rooms that is occupied by the proprietor as a primary residence. Thus, some bed & breakfast lodgings may be excluded.
Does the ADA apply to short-term vacation rentals?
Again, there is no clear-cut answer and each situation should be analyzed on a case-by-case basis. Generally, if the accommodation is akin to a hotel, it will likely fall under the ADA.
Individually-owned residential condominiums units are generally not considered “public accommodations” subject to the ADA *Champlin v. Sovereign Residential Servs.* , 2008 U.S. Dist. LEXIS 115274 (M.D. Fla). However, a condominium building may be considered a public accommodation if it is “virtually indistinguishable from a hotel.” *Id* . The Court in *Champlin* discussed *Access 4 All, Inc. v. Atlantic Hotel Condominium Association* , 2005 U.S. Dist. LEXIS 41600 (S.D. Fla.), in which a condominium building was in fact considered a public accommodation. In that case, there was no governing condominium association board, certain units were operated as hotel units, the governing documents defined the hotel units, a separate entity was retained to manage room reservations, and every unit owner had the option to include his or her unit in the rental program.
An individually-owned condominium unit that is rented out as a short-term vacation rental of 30 days or less arguably does not fall under the ADA if the condominium building is not operated like a hotel.
Conclusion
Neither the FHA nor the ADA explicitly exclude short-term vacation rentals. However, the FHA does not apply to housing that is so temporary as to be “transient,” and the ADA only applies to “hotel-like” public accommodations. Thus, there is some gray area surrounding the applicability of the FHA and ADA to short-term rentals, such as vacation rentals. Arguably, neither the FHA nor the ADA apply to a “transient” vacation rental of a condominium unit that is not run like a hotel (i.e., the occupant has reserved a particular unit, there are no separate “hotel units,” no walk-in reservations, no lease or deposit, etc.).
However, given the policies of the FHA and ADA to preclude discrimination in housing and public accommodations, and the broad interpretation Courts have applied to the FHA and ADA to further those policies, the determination of whether a service or assistance animal must be allowed in a particular short-term rental property should made on a case-by-case basis. There are cases where either the ADA or FHA will clearly apply, such as a standard residential lease arrangement in which the FHA applies, or a hotel in which the ADA applies.
Do Landlords Have to Allow Service Dogs or Assistance Animals?
Your landlord must make reasonable accommodations for an assistance animal or service dog under the Fair Housing Act. For the purposes of the FHA, any animal that serves a person’s disability is an assistance animal.
The Fair Housing Act definition is much less restrictive than the one for service animals in the context of the American with Disabilities Act. The ADA governs accommodations to disabilities in the public context – work, government buildings, etc. – while the FHA governs the housing context. The allowances for assistance animals in the FHA apply to public housing as well.
Assistance Linked to Disability
In the words of the Department of Justice, “Service animals are working dogs, not pets.” The ADA classifies some dogs and mini horses for service if trained to do a task directly related to the person’s disability.
By contrast, in the housing context, a service animal can be a companion cat, a bird, or pretty much any other animal that serves the individual’s disability. In other words, it is not legally a pet if it has an assistance function, whether physical or emotional, and therefore is not subject to restrictions by breed, species, or weight.
What Is Reasonable Accommodation?
Under the Fair Housing Act, an accommodation is reasonable when the requester
has a disability, and the accommodation is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.
To show that a requested accommodation is necessary, there must be an identifiable relationship, or nexus, between the request and the person’s disability. Examples of disability-related functions, include, but are not limited to:
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Guiding individuals who are blind or have low vision
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Alerting individuals who are deaf or hard of hearing to sounds
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Providing protection or rescue assistance
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Pulling a wheelchair
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Fetching items
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Alerting persons to impending seizures
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Providing emotional support to persons with disabilities who have a disability-related need for such support
To show that an animal qualifies for an assistance accommodation, provide proof from your doctor or therapist explaining the relationship between your disability and the animal’s functions. Unlike for service animals under the ADA, there is no training requirement for animals assisting under the FHA.
Limitations on Accommodation
The FHA applies to most housing providers, both public and private, and prohibits discrimination on the basis of “handicap” or disability with limited exceptions. That said, according the National Housing Law Project, many landlords attempt to argue against accommodation and try to apply the more strict definition of service animal in the ADA. That is incorrect and denial of accommodation in that context would be illegal.
Dwellings that are not included in the FHA are:
Rental dwellings of four or less units, when one unit is occupied by the owner.
Single family homes sold or rented by the owner without the use of a broker.
Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
No Pet Fees
Remember, an assistance animal is not a pet and, as such, pet fees do not apply. But any damage an assistance animal causes is the tenant’s responsibility. Your assistance animal also may not be a nuisance to other tenants. So make sure your animal does not turn into a hassle for others and you should be fine with neighbors and landlord alike.
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omg Oh My Dog…
Both of us were invited to leave reviews! The puppy owning rejected guest was able to leave a review because the reservation was never cancelled. I had been advised to not cancel by Air, and so that maybe he could find a kennel and still come, I did not.
When I saw that his review had been posted, I called Airbnb, got a case manager, and they have hidden the review, due to the well documented fact he never stayed here. If I were to write a review, it will be hidden, so I won’t.
deep brreath 
In case its still there, you can back me up, my friends!
Hey Julia
This is Irene from Airbnb. I have removed the review from your profile. I have also let the guest know that the review has been removed.
Have a great day!
Irene
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Whew, good for you! What a saga and stupid, needless stress. Maybe for future incidences, if they’re savvy enough to say “emotional support dog,” you could gin up a release form. “This is an open, natural environment. There have been pets killed by coyotes and birds of prey in this area. You acknowledge this and agree that the host has no responsibility or liability for injury to or death of a guest’s companion animal.”
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Good ending. But the Air CS agent you spoke to a day or two ago should have prevented this in the first place.
Since they had the gall to write a review when given the chance I would not refund one penny. They can enjoy that expensive lesson.
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Is Airbnb getting a little more host-friendly? I’ve only read past stories about assistance animals where Airbnb favors the guest. I’m pretty sure that a puppy could be classified as an emotional support animal as they don’t need any training whatsoever. They just need to be there to make their owner feel better, or whatever. I wonder if Airbnb would reverse their decision if the guests threw a bigger fit, but maybe the guests actually used the specific term “service animal” along with the age of the dog while communicating with Airbnb and now Airbnb knows they are lying.
Any reservation canceled less than 24 hours before check-in allows guest and host to review each other, even if the guest never arrives, so cancelling would not have prevented this. Airbnb is supposed to remove only the reviews that are irrelevant. If the review said “We showed up with our assistance animal and the host refused to let us in”, then I can see Airbnb letting it stand. But if the review said “the place was filthy, the furniture was broken, and the plumbing was clogged” but they never set foot inside, then that should be removed.
Did you actually see the review or did you just get a notification that the guest had left a review?
I never read the (hidden, not removed) review. But, the case manager and the 1st person on the help line last night were kind of chuckling about it and let on that it was irrelevant or worse. She said it was about me, not tiny tiki.
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If Airbnb hadn’t hidden the review, it would’ve been funny to post a public response referring to them as “the puppy-owning rejected guests”
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General Questions
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Why should I register with USA Service Dogs as opposed to another service?
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Do you need documentation of my disability before processing my registration?
No, we do not need to see documentation of your disability to process your registration. We ask you to acknowledge that you have a disability that qualifies you for a service dog or emotional support animal under the interpretation of the ADA, ACAA, and FHA. Please do not take advantage of this powerful service.
this is copy pasted from the site this fur-ball was registered.
Julia5:44 PM
“This is an open, natural environment. There have been medium sized dogs and cats killed by coyotes and birds of prey in this area. "” How old is Ponyo and what breed?
Jamie 6:03 PM
Ponyo never leaves my arms because he is my service animal. I understand the concerns of the wild life and am grateful you shared this info with me. I would have loved to stay at your property and hope someday I can. Just wanted to share with you why I could not leave my dog with somebody else. He is vital for my health. Thank you for understanding.
It is over, you prevailed. NEXT!!
RR
I know and am thinking about just booking it RRR! You can lock those other rooms and we can come!
I’m such a moron! Instead of all the time, effort and tsuris of running an Airbnb, I could have just set up some bogus service dog registration site, sat back, and raked in the bucks!
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We hope you don’t mind my using your quote. Thank you very much!
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Time to Block that Guest. End of story. Go to their profile then flag them and you’ll be rid of that dbag.