[NAGDU] What the ADA States was VRBO rentals

NAGDU President blind411 at verizon.net
Mon Sep 18 11:06:57 UTC 2017


Dear All,

	I think it is very important that we share accurate information
within our areas of expertise and cite the source of that information. This
being said, I am not an attorney; this information is intended as informal
guidance only and should not be construed as legal advice. Here is what the
ADA says on this topic and my interpretation of it as it applies in this
case.

Public accommodation. The following private entities are considered public
accommodations for purposes of this title, if the operations of such
entities affect commerce

an inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five rooms for rent or
hire and that is actually occupied by the proprietor of such establishment
as the residence of such proprietor; (42 USC 12181(7)(A))

The two important elements of this definition are the number of rooms for
hire (not more than 5) and that the proprietor actually reside in one of the
rooms. Both elements must be met in order to comply with the exception. From
what has been stated, no matter how few rooms are being rented, the
proprietor does not live in one of the rooms, so the exception does not
apply.

Fraternally yours,
Marion


Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG


The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind  people
and our dreams. You can live the life you want! Blindness is not what holds
you back.


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Lyn Gwizdak via
NAGDU
Sent: Sunday, September 17, 2017 1:17 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Lyn Gwizdak; Tracy Carcione
Subject: Re: [NAGDU] VRBO rentals

Hi Janell,
The house is the owner's property so ADA does not apply. Does the owner
live there or is it another house purchased for the purpose of renting out
as income and the owner does not live there? Your right to bring your dog
does not apply to my knowledge.

I would look for another place or not bring your dog. I wouldn't want to
bring my dog to a home where my dog is not welcome. It would be much better
to give your business to a place your dog is welcome.

To me, if someone is a person who would deny a blind person their guide
dog, I don't want to give them my business. And I would not recommend them
to anyone else. Why fight battles that aren't worth it. Money talks louder.
If it was a hotel room, then it is a different story.

Hope you find a good solution to this and find another nice place to renT
where you aren't walking on eggshells with worry about some dog hair or a
stray piece of poop left behind. Life's too short.

Lyn and Aristotle

On Sep 17, 2017 9:22 AM, "Star Gazer via NAGDU" <nagdu at nfbnet.org> wrote:

                        The other piece of this is that you will be on
vacation. Is this the fight you want to get into? Do you want to stay where
you are unwelcome? Maybe you do, and that's fine.
I think Tracey is correct from a legal perspective.

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy Carcione
via NAGDU
Sent: Sunday, September 17, 2017 9:53 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
<nagdu at nfbnet.org>
Cc: Tracy Carcione <carcione at access.net>
Subject: Re: [NAGDU] VRBO rentals

Sorry, but I think you don't have any rights.  It's the owner's house.  As I
recall the law, if an owner rents more than 6 rooms, then the ADA applies,
otherwise it doesn't.  There might be an exception, if the owner doesn't
live on the premises. Not sure about that.
Tracy


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Janell via NAGDU
Sent: Saturday, September 16, 2017 3:40 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Janell
Subject: [NAGDU] VRBO rentals

Hi gang,



I have a question about renting a VRBO house.  My family has rented one in
Florida next Feb for a week.  When I made the reservation the lady told me I
could not bring my guide dog Sully.  I explained to her that he was an
actual certified guide dog and not one of these crazy imposter ESA dogs.  I
even told her I would provide her a copy of his vet records and his
certification documentation.  Her response back to me was "someone else who
rents from her is allergic to dogs so I would not be able to bring Sully."
I am not sure of my rights regarding this?  Any thoughts or advice would be
appreciated!



Very frustrated, Janell and Sully

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