More Clarity on the "Not Suitable for Children Policy"

A request just came in for 13 days for 3 adults and a child. I have lots of original art, steep stairs, etc. So, I tell the woman that my place isn’t suitable for children and then see what comes back? Or do I call ABB in the morning to discuss?

Furthermore, she just followed up with this: “It’s Diane I just booked with you for this Saturday. My Visa Card limit is $1500. So I can email transfer the rest, if that is ok with you. Sorry I don’t usually use credit to pay for things.
Please let me know if this works for you or if there is another non-credit payment method you would prefer.
Thanks & Be Well,
Diane”

That’s your out. She’s violating policy by asking to pay outside Airbnb so contact Airbnb to get her booking canceled. Don’t let them talk you into anything else.

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It’s a request, so if nothing else, you can just decline it.

Awesome, @KKC ! You’re smart. On it tomorrow.
@Brian_R170: I’ve mentioned in previous posts that guests have violated my terms, so I’ve declined, and the result has been a 5-day suspension. So, is this cause to decline and not get penalized? I looked in the help centre and didn’t see any policy about guests booking children at a property that’s not suitable for children.

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It’s not the kid thing. You’re declining because they are violating Airbnb Terms of Service by trying to pay outside of the System.

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Thanks, @KenH. It’s going to come up again and I want to be clear for next time. Also, she could put in a new reservation that doesn’t violate. There’s nothing saying she can’t submit a new request.

No, this guest like many others have no clue that they are paying AirBnB and not the host.

They think the host has any influence on the payment method (like with BDC and others).

She is not trying to pay outside the platform because she does not even know she is on the platform.

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In this case you call AirBnB and insist that they cancel it penalty free because she asked for payment off-platform. Make sure the CS airhead cancels it, not you.

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If it’s shared space you can refuse someone with children.

There is an option (in US not sure worldwide) where you can say you don’t accept infants and another option where you don’t accept kids under 12. Make sure you have both checked off. When I get questions, I tell them that it’s because of the stairs. and that it’s not child proof.

Thanks @NordlingHouse. I’ll ensure that ABB does the cancelling.
The space is private, not shared.

@Lynick4442, both of those are checked, but I believe a guest can still insist on the basis of discrimination. I thought I read from other threads that we have to persuade them into making that decision themselves.

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Oh, that’s not good. I did have a guest question my listing and I explained that I felt it was unsafe and she wrote back that was interesting. I thought that was an odd reply.

I have Instant book and do require list of guests names, ages, and addresses so I guess I would catch it but just today I had a guest coming tomorrow that still hadn’t confirmed her info and found out that I have 2 12 year old girls coming. I truly wonder if they are really 12.

So I did find the info and it’s a bit vague but I’ll update my listing to say why it’s unsafe for kids to discourage but of course we know that the guests don’t read.

Age and Familial Status

  • Airbnb hosts may not :
    • Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status, where prohibited by law.
  • Airbnb hosts may :
    • Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for guests of a certain age or families with children or infants.
    • Note in their listing applicable community restrictions (e.g. senior housing) that prohibit guests under a particular age or families with children or infants.

Thank you for finding the legislations @Lynick4442. I wonder about this wording, though:

“where prohibited by law.”
This is the part we need to find to defend or accept our position when people with children book.

I agree but from what I can tell in the US it would be considered discrimination unless is was something specific such as a 55 plus retirement community or if it was a home share. I’ve been doing this for 3 years and never knew that I wasn’t allowed to say no.

Yes, @Lynick4442, the laws are regional. When I get a chance, I’ll see what our laws in Ontario say. However, this is not a Landlord and Tenant situation. This concerns STA and I believe, therefore, not under the jurisdiction of the LTA.

FYI there are dozens of threads here on that exact topic. However, a lot of them are speculation. People are worried that they will have an issue. In your situation I’d keep declining until you have a problem. Someone replying “interesting,” sounds like they could be a problem. OTOH, it seems that they could just find a kid friendly listing.

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I found this for Massachusetts. Going to take out of the listing about not suitable for children due to safety. URGH.

In some circumstances, however, the law does allow Massachusetts landlords to exclude families with children. In general, there are two types of housing where this may be allowed:

  • Two-family homes where the owners are occupants; and (This probably applies to me)

  • Certain buildings intended for and occupied by people over 55 years old.

Yet, even where an owner-occupant can legally refuse to rent to children, a landlord is not protected by state or federal law if she publishes, advertises, or makes any written or verbal statements that she will not rent to children. Most landlords do not put ads in the paper that say “no children, please” because they know that would be illegal. But, some landlords do instruct real estate brokers and managers not to rent to families with kids or to reject them on some made-up grounds. A broker violates the law if she carries out the instructions of an owner-occupant of a two-family building and refuses to show or rent a property to families with children.

@Lynick4442, this is what I was referring to. This is your state law concerning long-term rentals. STAs would not, I’m 99% sure, fall within this legislation. Different animal. I think ABB was just trying to transfer the heat from them to us. I’d like to see in writing that an STA is subject to state or provincial legislation. Here in Ontario, we have a website of a lawyer who breaks down every single aspect of the LTA (landlord and tenant act). Maybe find something like this for your state. There are lots of lawyers who will entertain online questions and answers. They post them and it serves as free case-study advertising for them.

However, it’s also an Airbnb policy. They state that if a family feels they have been discriminated against, just let them know and they will investigate. This is why they ask you to describe what it is that makes your property not suitable for children.

According to reports, Airbnb investigates by shutting down your listing first. So while the complaint may not have merit, you lose money. That’s why its best to “accept children” but try to convince the parent that your place is not a good fit.

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