airbnb - can the host be picky who stays in his/her home?

[George P.]

Hoping this thread will NOT get political....

Since the airbnb host is hosting people in his/her own personal home, shouldn't he/she be able to refuse service to people he/she is not comfortable with? Its not Hilton hotel, its sleepover in the personal residence where the host (and his/her family) sleep next door....

Thoughts?...

[John Underwood]

I don't use Airbnb since I don't rent just a room. I rent my whole house. No one seems to use Airbnb in my area anyway.

HomeAway.com does allow you to decline a renter. Even if they prepay you still have 24 hours to accept/decline the reservation.

[George P.]

Originally posted by @John Underwood:

I don't use Airbnb since I don't rent just a room. I rent my whole house. No one seems to use Airbnb in my area anyway.

HomeAway.com does allow you to decline a renter. Even if they prepay you still have 24 hours to accept/decline the reservation.

 Yes, thank you, I am familiar with the policy. But....

One owner recently (it's all over the news) declined to rent a room in her home to an activist transgender person who (before securing the reservation) "warned her" of his/her gender challenge. She politely declined, referring to a teenage boy in the household who she didn't want to get exposed to this issue. The transgender started PR campaign against airbnb (many say it was the original intention of the reservation) and airbnb cancelled the host for, I guess, discrimination issues.

Hence my question - shouldn't the owner be able to decide who stays in his personal home? Again, political issues aside......

[John Underwood]

So are Transgender or even gay people a protected class? I looked and there is no law protected Transgender people, but I read where it could be viewed that this is dicrimination based on sex which is covered under the Civil Rights Act of 1964.

So maybe look for another reason to reject the prospective renter?

Looking farther it looks like the federal fair housing laws do not include Transgender .There may be state or local laws that adress this that you should research.

I do see where HUD has rules about this and that if you rent via section 8 it could apply.

If you wanted to decline someone in this situation it might be best to consult an attorney first.

[Chris Eaker]

If you are putting your home out for rent under any situation, then you should follow the laws.

[George P.]

Originally posted by @Chris Eaker:

If you are putting your home out for rent under any situation, then you should follow the laws.

 Remember, it's not a house for rent, it's a room in your own home. 

What exactly does the law mandate the homeowner to do in regards to renting a room?.... I have not researched the issue yet, so hoping someone has. Thank you.

[Chris Eaker]

@George P.

I have not researched it either. My gut tells me that even if you are offering a room in your house to the public, then it should follow the same fair housing laws as if you were renting the whole house. It's different than if you were renting a room to a friend and you have a private agreement with that person. In that case, you can be as picky as you want. Putting a room up on Airbnb is offering it to the public.

[George P.]

Originally posted by @Chris Eaker:

@George P.

I have not researched it either. My gut tells me that even if you are offering a room in your house to the public, then it should follow the same fair housing laws as if you were renting the whole house. It's different than if you were renting a room to a friend and you have a private agreement with that person. In that case, you can be as picky as you want. Putting a room up on Airbnb is offering it to the public.

 Chris - it appears that this was not a protected class case (

http://www.allpropertymanagement.com/blog/2013/05/...). Thank you @John Underwood

[Victor N.]

Under the federal Fair Housing Act, landlords who live in a property with four or fewer rental units (this would include airbnb rooms) are exempt from all but one aspect of the federal law: They may not advertise in a way that indicates a preference for (or against) members of a protected class (race, color, religion, national origin, sex, familial status and disability). And, there is an exception even to the exemption: You may advertise for a lodger of a specific sex (and you don't have to specify your own sex).

So, for example, your ad can say, "Female roomer wanted," but it could not say, "Christian roomer wanted."

So the airbnb owner would be covered by the law as long as they do not make a discriminatory statements.

[George P.]

Originally posted by @Victor N.:

Under the federal Fair Housing Act, landlords who live in a property with four or fewer rental units (this would include airbnb rooms) are exempt from all but one aspect of the federal law: They may not advertise in a way that indicates a preference for (or against) members of a protected class (race, color, religion, national origin, sex, familial status and disability). And, there is an exception even to the exemption: You may advertise for a lodger of a specific sex (and you don't have to specify your own sex).

So, for example, your ad can say, "Female roomer wanted," but it could not say, "Christian roomer wanted."

So the airbnb owner would be covered by the law as long as they do not make a discriminatory statements.

 Thank you, excellent point.

[Richard Scherf]

Airbnb allows you to reject a guest for any reason. Who would use a platform in which you were forced to accept guests that made you feel uncomfortable or unsafe? But lawfully speaking, Fair Housing Act does not apply to shared living spaces. Here is an excerpt from an article regarding a lawsuit against roommates.com 

https://www.fairhousingcoach.com/article/court-fair-housing-law-doesnt-apply-roommate-selection

In a ruling issued in 2012, the federal appeals court reversed, ruling that the service was not liable because federal fair housing law does not apply to the selection of roommates. The court reasoned that the FHA was intended to address the problem of landlords discriminating in the sale and rental of housing—not to interfere with personal relationships of people sharing the same living space inside the home.

The court ruled that the First Amendment protected a roommate's right of intimate association—that is, to carry on certain intimate or private relationships. "Holding that the FHA applies inside a home or apartment would allow the government to restrict our ability to choose roommates compatible with our lifestyles. This would be a serious invasion of privacy, autonomy, and security."

[Blair Russell]

Airbnb hosts, assuming they don't turn on the 'instant book' feature, can accept or reject each guest. Even if you do turn on instant book you can always cancel. But that host...I'm not going to use the "B" word but what a sorry excuse, reject someone who is honest, and probably allow any other person to your house not concerned about how it will affect your 13 year old...it's a bit backwards.

[Glenn R.]

I'm amazed that people are comfortable renting rooms in their house to strangers, especially short term.  

I'd have a hard time sleeping.