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Title II is explicit:

"any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence. "

If the proprietor is not using the rental as his/her residence, it's defined under US law as a "place of public accommodation," in spite of current efforts to pretend that law doesn't exist.

So: not all AirBnB rentals fall under this rubric, but certainly many of them do.



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