The US federal Fair Housing Act does not apply to small owner occupied buildings. https://www.nolo.com/legal-encyclopedia/does-the-federal-fair-housing-act-apply-your-rental-property.html
My experience has been that charging the ‘extra guest’ rate for any child, regardless of age, does a lot to discourage people from bringing children. Additionally, I make it a point to list, in great detail, why my space is not ‘child safe’ and then subtly suggest that anyone who would bring a child into that unsafe environment is obviously a bad parent.
It’s worked well so far.
How did that go over? I would see people being upset when you collect outside of airbnb policies,
Notice in the article it discusses that even if FHA does not apply to you, you still cannot advertise discriminatory statements. The FHA has this included in their law. There only a few exceptions of groups that can advertise discriminatory statements - senior housing being one example
Hello from beautiful Montana,
Whaaaaaaaaat? This is not correct. If we can say we do not accept animals and no smoking, surely we can say no children under 12.
We have a downstairs apartment that is reached by stairs (as in Down-Stairs) so are we discriminating against those who cannot climb stairs?
Fondly, Judy Helm Wright–Author/Blogger/Intuitive Wise Woman
Crazy right?? But the truth is that you are not allowed in the U.S. to make a discriminatory statement in advertising anything related to dwellings and rentals. Actually, you are allowed to, but you will not be protected by the law if someone reports you. While I agree that anyone should be able to advertise that their home is not safe for children, or they have a right to not have screaming babies toddlers in their home, or they they have a pool that they feel is unsafe…it doesn’t matter according to the federal government. Scroll up to the video above and anyone can sue you for breaking the law and they don’t even need to inquire on your listing. Yes, the law is screwed up because the original intent of the law was about certain groups (due to mostly racism) not being discriminated against for basic needs such as housing. Shelter is a basic need.
In 1988 the law included familial status and discriminating against those with disabilities. However, the laws have not been adjusted for someone staying 2 nights in a vacation rental that poses dangers to a family that is not familiar with an environment. So while, you have every right to post who you will not accept, you have to also accept the risk of having an unscrupulous person come after you.
The intent of not advertising anything discriminatory was based on the fact that too many readers would see discriminatory statements (for those who were given exceptions). But we have come a long way today in 2018 that for something as innocent as not safe for children should be okay for a vacation rental property. It is different for parents who live in a permanent property to make that decision. I can tell you first hand I have seen parents let their kids run full speed out of the car, climbing my slick waterfall and not even caring about the dangers. So yes, it is very scary that parents just let the children run amuck.
I’m sure this has been mentioned in this thread, I just didn’t see it in my review (coming in late) but I’ll say it anyway:
Besides the difference in rules for renting rooms in your home as many have mentioned, short term rentals play by different rules too when it comes to allowing children. It’s a grey area and the law is evolving but still it is not absolutely verboten to restrict based on age. Of course this varies from state to state in the US.
Haven’t some people said they aren’t even given the option, based on the location of their rental, to check the “not appropriate for children under 12” box?
Interesting…I have not heard about not being given the option for a check box. And yes, has been discussed above. It is not that you cannot discriminate if you fall under the Mrs. Murphy exception, it is the fact you cannot ADVERTISE it. You are allowed to discriminate behind closed doors. However, a lot of people also have not read the fine print of the Mrs. Murphy exemption and falsely believe that if they only have three properties etc. they are protected. Not true. There are many fine print details that extend far beyond that statement. I won’t bother to post it again because most people are not interested at all. But one important thing in that fine print is you cannot use the means of a broker. And I believe if taken to court, Airbnb would count as a broker. If that was held up in case law, everyone listing on Air will be held to everything that a long term landlord would be held to. Keep in mind in 1968, broker only meant realtor. But it’s 2018 and I would bet money Air would be considered a broker.
In my quest for answers re: familia status discrimination (because age is NOT a protected class) I read that restricting the number of people you rent also falls under discrimination. For example: Listing a one bedroom unit for one or two people only. This could exclude the struggling single parent who is willing to either sleep in the same room as their children, set up a bed in the living area, sleep on the couch etc.
The renter might be willing … What about the host and neighbours being willing to accept the additional noise and mess overcrowding brings? What about fire? What about refuse collection paid for by local residents. It’s a dumb law. We moved out of the disease and squalor caused by overcrowding, now moving back again.