[NAGDU] Airbnb

Mon Dec 13 14:28:59 UTC 2021

Yes choosing not to disclose is certainly an option, and probably the one I
would take at this point. However there are a few potential issues I can
see:

1. The fact that the search filter is there implies that one needs to
disclose and folks who don't know any better may think this is the case.

2. The host could try to deny us when we arrive claiming a health/safety
concern. Airbnb has admitted in conversations I was a part of back in the
summer of last year that they have no way to enforce what is/isn't a valid
health/safety exemption. Even if the host isn't actually on the premises,
most have security cameras on the property. If the host decided to make an
issue of it and, say, call the police, it's not clear to me how it would
play out, given that it's currently a gray area legally and Airbnb's
policies would permit someone claiming an allergy for example without any
proof.

3. Assuming we are allowed to stay at the property, Airbnb hosts could
later retaliate by leaving a negative rating/review which could be seen by
future hosts. I don't know if Airbnb has any process for getting these
reviews removed.

-Mike

On Mon, Dec 13, 2021 at 9:21 AM Melissa Allman <MAllman at seeingeye.org>
wrote:

> Oh and I forgot to say they really don't define (unless I missed it) what
> a health or safety concern is at least not on this particular public facing
> page, which I find interesting and am curious how often, and when, they
> rely on that if someone is denied and files a complaint on their platform.
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Melissa Allman via
> NAGDU
> Sent: Monday, December 13, 2021 9:17 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users <
> nagdu at nfbnet.org>; Michael Forzano <michaeldforzano at gmail.com>
> Cc: Melissa Allman <MAllman at seeingeye.org>; Al Elia <al.elia at aol.com>
> Subject: Re: [NAGDU] Airbnb
>
> Good morning all. I find this topic to be particularly interesting because
> as Al says, correctly I believe, It's a bit complicated. I have something
> else to throw out there just as food for thought.
>
> I took a look at Airbnb's help center page to refresh myself on their own
> policy on assistance animals
> https://www.airbnb.com/help/article/1869/assistance-animals
>
> It specifically says: "You don’t have to disclose the presence of an
> assistance animal before booking, although we always encourage transparent
> communication to ensure a smooth experience for all.
>
> If you are denied a booking due to your assistance animal—for a reason
> other than a health and safety concern—be assured that Airbnb takes reports
> of discrimination in our community very seriously."
>
> It appears they are including both emotional support animals and service
> animals under their assistance animal umbrella when they make this
> statement, maybe trying to be consistent with Fair Housing guidance.
> Presumably then, one could simply avoid the drop-down menu that generated
> this discussion in the first place by not disclosing especially if the
> animal is a service animal as defined by the ADA and you are taking the
> position that the rental is a public accommodation.
>
> Melissa
>
> Melissa Allman
> Senior Specialist, Advocacy and Government Relations The Seeing Eye P.O.
> Box 375, Morristown, NJ 07963-0375 (mail)
> 1 Seeing Eye Way, Morristown, NJ 07960-3378 (deliveries)
> 973-539-4425 ext. x1724 | mallman at seeingeye.org | www.SeeingEye.org
>
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>
>
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Al Elia via NAGDU
> Sent: Sunday, December 12, 2021 4:19 PM
> To: Michael Forzano <michaeldforzano at gmail.com>
> Cc: Al Elia <al.elia at aol.com>; nagdu at nfbnet.org
> Subject: Re: [NAGDU] Airbnb
>
> In response to questions regarding whether service animals can be excluded
> from Airbnb’s, and whether Airbnb’s search criteria about permitting
> “assistance animals” is unlawful,  it’s complicated.
>
> First there is the question of whether the lodging offered is all lodging
> offered by Airbnb, or each individual property on Airbnb. This is akin to
> the question of whether Uber is responsible for driver refusals to
> transport service animals. Taking the most conservative view – that Airbnb
> is merely a listing agent for millions of individual short-term landlords:
> The ADA excludes from its definition of “public accommodations” lodging
> places that have five or fewer rooms for rent and that is “actually
> occupied by the proprietor of such establishment as the residence of such
> proprietor.” 42 U.S.C. § 12181(7()A). If the owner rents their
> house/apartment home  only when they are not present, it is arguably not
> “actually occupied” by the owner at the time that the renter is present,
> and is therefore arguably covered under the ADA.
> However, if the Airbnb is for a single room in a house that is actually
> occupied by the owner during the renter’s stay, then it would likely be
> excluded from ADA coverage..
>
> The more liberal approach is to treat Airbnb as a giant world-spanning
> operator of public accommodations made up of millions of properties.
> Under this view, all properties would have to accept service animals under
> all circumstances. Whether the conservative or liberal approach prevails is
> an open question, as internet -enabled lodgings and transportation are
> relatively new. However, since the Airbnb contract and terms are between
> the renter and Airbnb and the property-owner and Airbnb, not between the
> renter and the property-owner, there is a strong argument to treat Airbnb
> as the landlord/lessor, and thus take the liberal approach.
>
> Besides the federal law, many states offer disability-discrimination
> protections that  may or may not be more protective than the ADA. For
> example, Massachusetts, Washington, and the District of Columbia do not
> have any owner/occupier/size limitations on public accommodations. Mass.
> Gen. Laws Ch 272 § 92A; Rev. Code Wash. § 49.60.040(2); D.C. Laws Ch.
> 14 § 2–1401.02(24).
>
> All of that said, it is possible that Airbnb is using “Assistance Animal”
> to mean assistance or support animals that are not service animals, which
> are not covered by the ADA and, depending on the circumstances and state,
> may or may not be covered under state laws.
>
> I hope that is all helpful.
>
>
>
> On 11 Dec 2021, at 12:58, Michael Forzano wrote:
>
> > Hi All,
> >
> > Today as I was searching for an Airbnb, I noticed that when selecting
> > the number of people staying as part of the search criteria, there is
> > a dropdown labelled "pets, bringing an assistance animal". If one
> > increments this option, the search results are restricted to Airbnbs
> > that allow pets. I don't remember seeing this in the past though I
> > can't be 100% sure if this is a new option or not. Either way, it is
> > extremely disappointing to see Airbnb lumping together pets and
> > service animals. Someone using this option might not even realize
> > their search results have been limited. In my case, the filtered
> > results did not even include any Airbnbs in the city I searched for,
> > while the unfiltered results had several available options in that
> > area.
> >
> > I know that the NFB and Airbnb have entered into a partnership. Does
> > anyone know the status of this? I'm surprised and disappointed that we
> > aren't taking a firm stand against this clear violation of Our rights
> > as guide dog users.
> >
> > Thanks,
> > Mike
> > Sent from my iPhone
>
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