[nagdu] Air BNB

Wed Nov 12 16:58:34 UTC 2014

Here's what ADA.gov has to say about it:

"The Americans with Disabilities Act (ADA) requires places of public
accommodation, including hotels, motels, and other places of transient
lodging, to ensure that everyone regardless of disability has an equal
opportunity to enjoy their services and facilities.

Your establishment is covered by the ADA as a place of public
accommodation if it is a private entity and is a place of lodging
(including inns, hotels, and motels), regardless of whether it is a
for-profit or non-profit establishment. The ADA does not cover
owner-occupied establishments renting five or fewer rooms."

http://www.ada.gov/lodblind.htm

Since the AirBNB service is generally for folks who are renting out
their homes, I believe that they would not be subject to the ADA.

The term owner-occupied establishment is not defined in the ADA, but
is generally used to mean somewhere which is a persons non-temporary
place of residence.  It does not appear to mean somewhere where a
person usually lives, but is currently away from.  So, if someone were
temporarily letting someone stay in their home, I believe that that
place would still be considered an owner-occupied establishment, even
though the owners were temporarily away.

New York's law, according to a membership organization for bed and
breakfast owners, does not appear to afford any greater protections in
this area.

http://nyshta.org/PDF/JulyB&BCorner.pdf

Sorry for the link to the PDF, but here are their conclusions:

"New York’s ADA:  There is NO reference in New York’s ADA that
specifically provides for the inclusion of owner-occupied
establishments renting five or fewer rooms as “public accommodations”
In part, New York’s ADA is applicable to the following places of
“public accommodation”:

“...all places included in the meaning of such terms as: inns,
taverns, road houses, hotels, motels, whether conducted for the
entertainment of transient guests or for the accommodation of those
seeking health, recreation or rest, or restaurants.........”

Federal ADA:   Allows for the States, if they so choose to provide
greater or additional protections or application of the Federal Law.
If a State were to choose to provide these protections/applications,
it would have to do so through enacting legislation and in certain
cases regulations providing for the greater protections.
ABSENT SPECIFIC STATUTORY LANGUAGE TO THE CONTRARY, NEW YORK LAW DOES
NOT PROVIDE GREATER PROTECTIONS THAN THOSE AFFORDED BY THE FEDERAL
ADA, THEREFORE OWNER-OCCUPIED ESTABLISHMENTS RENTING FIVE OR FEWER
ROOMS ARE EXEMPTED IN NYS (as with Federal Law) FROM ALLOWING FOR
SERVICE ANIMALS FOR INDIVIDUALS WITH DISABILITIES."

Not sure why that was all caps, but hopefully it wasn't too terribly
annoying for any braille users.

I am not an attorney, and this is not legal advice, and your mileage
may vary, and all that other good stuff.

Aaron

On 11/12/14, Lisa via nagdu <nagdu at nfbnet.org> wrote:
> Hello Hannah,
>
> I'd agree with Larry. The people offering their space on air bnb are in my
> understanding no professionals and therefore don't have the same rules or
> restrictions as hotels etc. have. If I decide to put my apartment on air
> bnb, I can decide who I'm going to have here. I could decide that a certain
>
> person shouldn't just because I don't like their face. Of course that would
>
> be stupid and superficial but I could, because it's my own space and there
> are no laws telling me I have to welcome anybody here. So it would be my
> understanding that you could report people who deny service dogs to air bnb
>
> or anywhere else, but in the end it wouldn't lead to any positive result
> because it's still their private house.
> I hope you and your boyfriend can find some nice folks where you can bring
> your dogs!
>
> best
> Lisa
>
> ----- Original Message -----
> From: "Larry D Keeler via nagdu" <nagdu at nfbnet.org>
> To: "Hannah Chadwick" <sparklylicious at gmail.com>; "NAGDU Mailing List,the
> National Association of Guide Dog Users" <nagdu at nfbnet.org>
> Sent: Tuesday, November 11, 2014 7:34 PM
> Subject: Re: [nagdu] Air BNB
>
>
>> Don't think you have any. I do believe that if you are staying in private
>>
>> accomodations, they can tell you whatever they like within reason.
>> ----- Original Message -----
>> From: "Hannah Chadwick via nagdu" <nagdu at nfbnet.org>
>> To: "'Tami Jarvis'" <tami at poodlemutt.com>; "'NAGDU Mailing List,the
>> National Association of Guide Dog Users'" <nagdu at nfbnet.org>
>> Sent: Tuesday, November 11, 2014 12:41 PM
>> Subject: [nagdu] Air BNB
>>
>>
>>> Good Morning All,
>>> Does anyone have experience with Air BNB? Since the holidays are coming
>>> up,
>>> my boyfriend and I are planning a couple of trips. We decided to use Air
>>>
>>> BNB
>>> for economic reasons. Many of the houses/apartments we looked at do not
>>> allow pets so we decided to notify them that we have guide dogs. some
>>> people
>>> said it's fine to have service dogs, but the majority seem to be allergic
>>>
>>> to
>>> dogs... a few people also said no even if it's a guide dog. So I'm
>>> wondering
>>> what my rights are in this regard? I'm definitely aware that we are
>>> allowed
>>> to take our dogs to public places and living spaces that everyone else
>>> can
>>> go such as hotels. However, Air BNB deals with private homes and I can
>>> see
>>> both sides of this... any help would be greatly appreciated.
>>> Best, Hannah
>>>
>>>
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>>
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