Laws/Rules concerning ESAs and STRs

[Ken Boone]

So I don't want to turn this into an argument of whether or not someone should allow pets in their STR. We have decided that we do not allow pets in our STRs. My daughter suffers from severe animal allergies. Now we know and have had service dogs at our cabins. We fully know we have to allow service animals and when that happens we don't visit that cabin with my daughter until a good bit of time has past and several cleaning cycles have occurred and hope for the best.

I have a 9 day booking at Christmas that was booked months ago.  The guests just informed us that one of the members of their party will be acquiring a certified ESA (Emotional Support Animal) dog next month.  They went on to tell us the dog is just a puppy and it is a doberman.  The guests said they know that we have a no pets policy and so they are asking how to proceed.  So I have a number of concerns.   I have done some googling and getting mixed results.  One article states that they are not service dogs and do not qualify under ADA and then another says they fall under the fair housing act and landlords must allow (albeit that is for long term housing and this is not) but I can't seem to find a concrete answer on this.

I do not want the dog, especially one that will shed (yes I know they don't shed like a lab) and is a newly acquired puppy at my cabin. However, if I have to legally allow it then I will do that. I want to know what my legal obligations are for this. Does anyone have experience with an ESA in an STR? The cabin is specifically in the Pigeon Forge area of TN. If someone can point me to a link that would definitely lay out whether or not I have to allow an ESA at my short term rental that would be very helpful.

Thanks in advance!

[Julie McCoy]

Honestly I'd say consult an attorney to be 100% sure.  The language I have in my listings - which I obtained directly from AirBNB - is that I do not allow animals of any sort due to family members with severe allergies.  It is my understanding that ESAs are not recognized by the ADA and therefore do not fall under those guidelines for short-term rentals.  

It is a good sign that these guests are asking.  If you determine you have legal standing to refuse, I would recommend being completely honest with these guests that you have a legitimate health concern due to your daughter's allergies, and hopefully they will be understanding and the dog can stay at home.