Help clarify my understanding of Pets: Emotional support animals and service dogs

You have a shared-space listing, though, right?

For a whole-place listing, the problem is that even if you put the requirement in your house rules that guests need to notify you in advance, what would actually happen if a guest still showed up with an “assistance animal?” I just don’t believe Airbnb would back you up and if you refused to host the reservation, the best case is they’d force you to do a host cancellation; the worst case is they’d give you a 1-year ban for discrimination.

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Be careful of using the terms “pets” and “animals” or “dogs” interchangeably. If you say no pets, that means they can bring their ESA. Working dogs are not pets. If you say no animals, you’re covered. You are allowed to NOT allow animals across the board if you also use the property yourself and you’re allergic to animal dander.

And while it’s illegal to collect a deposit up front for someone bringing a working animal with them, it’s perfectly fine to charge them extra housekeeping (with receipts) after the fact. The ‘pet’ didn’t make any mess, however the ‘guest’ required extra cleanup of hair and urine/feces. Yup, if you blame it on the animal it is not covered by Airbnb.

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The original poster clearly stated it’s a “whole house” listing.

Yes, and if you also were to use the whole house even one or two weeks out of the year, you are within your rights to keep it allergen free if that is what you require.

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Show me the reference you have for this, because I don’t believe it and the logic doesn’t hold. If Airbnb actually cared about the health of people using the listing AFTER a reservation with an animal, then their policies would be very different. E.g., in a whole-home listing that is a rental only, there could be guests that stay with assistance animals and guests that stay with pet allergies. There’s literally no way for the guest with allergies to know that at listing is allergen free for them and the host has no “rights” to say no to the other guests with “assistance animals.”

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I’m not sure Airbnb would back you up. We had someone posting here 2-3 years ago. She had a separate home listed on Airbnb. She was quite keen to keep dogs out and said that her daughter who helped her do the turnovers was severely allergic. If I remember correctly she said Airbnb said that wasn’t a legitimate reason. She quit hosting when a tree fell on the house. I’ll see if I can find the post.

Here:

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Definitely a grey area then. Especially if the health and safety issue is for a cleaner, not a part-time resident or an owner who also uses the listing as a vacation home. I admit I may not be the best person to be giving my thoughts here since my own policy is to just allow pets and bake in a slightly higher price … way less hassle than trying to do paw patrol, and I get responsible pet owners who actually search for and book pet friendly listings. The only memorable cleanings I’ve had to do haven’t been because of pets … toddlers and teenagers, by far the worst. I’ve only had one inquiry from someone concerned about allergens (a cat allergy, why she would want to stay in my listing I don’t know) I told her I had a cat staying two weeks before she’d be coming, and also told her that all soft surfaces were laundered between guests and I’d do the air filter before her arrival. She booked, stayed, and said she had no issues. I don’t know if I’ve lost other bookings because I allow pets, but I know I get tons because I do.

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Good to know Airbnb will not force a host to put up with even an ESA due to allergy. Do you know if we need to let Airbnb know this in advance or just wait until it happens? We have been concerned that someone will show up at a 10pm check-in with a ESA dog or cat in our shared housing.

I’d have the doctor note handy just in case. The irony ofcourse if that you might be asked to prove you have an allergy but no proof needed for assistance or service animals

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I had this happen to a “whole house” rental. To be clear, you do NOT have to accept emotional support animals in all states. Check into your local laws. This is a highly variable, state-level situation that it pays to research.

Example: I had guests from NY which, I believe, does treat emotional support animals the same as service animals. Still, they showed up with 2 dogs unannounced on a very clearly no-pets listing. I confronted them on it after checkout. They pulled the ESA card. However, my rental is in New Hampshire, which makes a clear distinction between service animals vs ESAs: public lodging providers need to to accept trained service animals. They do NOT need to accept ESAs. So I politely asked them to cover the cost of a full house shampooing. They, remarkably, agreed. So positive end to that story, but lesson learned: check your local laws. As you can see below neither federal ADA law or (in this case) state level statutes include a requirement to host ESAs… though I’m still waiting for the guest to arrive with a trained miniature horse that, according to the law, could well be a trained service animal.

Neither the ADA nor New Hampshire’s service animal law includes what some people call “emotional support animals”: animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although emotional support dogs and therapy dogs and other animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers. Under the ADA and New Hampshire law, owners of public accommodations are not required to allow emotional support animals, only service animals. These laws also don’t apply to pets.

Source: New Hampshire Laws on Service Dogs and Emotional Support Animals | Nolo

Hope this helps!

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If I’m reading correctly, their stay is in Arizona. It is not clear, but I would guess that Air T&Cs may override state law in such a case?

I have no idea what the law is in Arizona, but is there a specific T&C that Airbnb states that precludes the ability of a host to decline an emotional support animal? There’s a clear distinction between a trained service animal used for a disability and an emotional support animal. That appears to be the distinction that both states like New Hampshire as the American Disabilities Act have defined. Here’s what I found off of the Airbnb terms and conditions:

Airbnb hosts may : * Except as noted above, Airbnb hosts may decline a booking based on factors that are not prohibited by law. For example, except where prohibited by law, Airbnb hosts may decline a booking with pets, or to guests who smoke.

Source: Nondiscrimination Policy - Airbnb Help Center

If you have a pet that does not get along with other animals, it would be a valid reason as well. We have a very people- friendly cat that does not get along with any other animals.

Of course, if you pet was not with any other animals while there was a guest, how would they know if it were true?

You can claim animal anxiety as well as the guest can, which would be a legitimate reason for not hosting.

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Have you actually used animal incompatibility as a reason with Airbnb not to host a guest travelling with service animal ?

@Militaryhorsegal don’t you exclude incompatible dogs?

I have a clause in my House Rules that allows me to have them cancel their reservation after the first night if I deem their dog is not compatible for my shared house listing. I have not had to enforce it because it is usually the human guest who is not compatible and they know it and leave of their own accord.

I did keep it in my whole house listing as well but see it more as a “perfect mistake” in case I needed to try to force a guest w an animal to leave. Based on my setup I don’t worry about it too too much. If the compatibility of the animal is an issue it is really just that the guest refuses to comply with the House Rules and then I can have them leave without even bringing up the issue of a pet.

I will also note here that I charge a different pet fee for house trained vs not. I also allow horses at my shared house listing so am quite experienced at having pets of all kinds (fish, rabbits, horses, dogs, cats). I even had a booking w a parrot-but they canceled based on realizing I wouldn’t put up with their crap of not following the house rules.

Additionally, I offer petcare services at all my listings. I have had guests at both while house and shared house listings use me for boarding, doggy daycare, per sitting, dog walking and drop-in visits. People come to my places for a night to months at a time and for all kinds of reasons so have various situations.

Lastly, I would recommend putting some verbiage in your House Rules and use the word animal (vs. pet). However, I know I am in the minority a lot of times when it comes to publishing House Rules. I additionally include fines and additional consequences for failure to follow them (mostly because AirBnB does not usually do anything about House Rules violators but allows hosts to do so if it is in their House Rules).

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:rofl:

JF

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We may disagree a lot of times but it seems we can at least understand each other more often than not!

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The place just wouldn’t be the same without you m’dear.

JF

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I just had a thought that maybe I should put that meme in my listing pictures!?

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