The Mercury News Weekend

Airbnb host cancels Asian-American’s reservatio­n

Homeowner who invoked Trump ordered to pay $5,000 and take cultural sensitivit­y classes

- By Levi Sumagaysay lsumagaysa­y@ bayareanew­sgroup.com

A now- banned Airbnb host must pay $5,000 and take a college-level course in Asian-American studies after canceling a guest’s reservatio­n because she is Asian. The host also invoked President Donald Trump.

This is the first time the California Department of Fair Employment and Housing has resolved a case against an Airbnb host.

“We arrived at the monetary award in negotiatio­ns and in light of all the factors involved in this case, including extraordin­ary non-monetary remedies,” said DFEH Director Kevin Kish in a statement to this publicatio­n.

The state agency and Airbnb have an agreement in which the DFEH conducts testing to ensure hosts are following fair-housing laws, but agency spokeswoma­n Fahizah Alim said this case arose before the Airbnb agreement was reached in April.

That agreement came out of an investigat­ion by the state after it filed a complaint against the San Francisco company in 2016 over multiple allegation­s of racism on the home- sharing platform. The problem gave rise to the #AirbnbWhil­eBlack hashtag, with African-American travelers sharing their stories on social media.

In this case, Dyne Suh said she booked a cabin in Big Bear, California, in February and was only minutes away from the cabin af-

ter driving through rain and snow when she received text messages from the host, Tami Barker, canceling her reservatio­n. The texts read: “I wouldn’t rent it to u if u were the last person on earth” and “One word says it all. Asian.”

Barker also texted: “This is why we have Trump” as well as “And I will not allow this country to be told what to do by foreigners.”

The hostile texts were in response to Suh’s questions about whether she could pay cash for the extra fees the two had agreed on after Suh asked whether it was OK to bring along two friends and two dogs.

Suh recounted the experience in a YouTube video posted in April. She was tearful as she said, “I’m an American citizen.”

Suh, a law student at UCLA and a law clerk at the Riverside County Public Defender’s Office, released a statement on her Facebook page Thursday morning.

“I hope that more victims of discrimina­tion will feel encouraged to come forward with their own stories, empowered now with the knowledge that govern- ment entities such as the Department of Fair Employment and Housing and other civil rights organizati­ons will take our cases seriously and fight vigorously for us,” she said. “Asian Americans are often left out of conversati­ons about race relations, even though we are also targets of racism and discrimina­tion.”

The DFEH also ordered Barker to issue a personal apology to Suh and complete community service at a civil rights organizati­on, and she must report rental data to the agency for four years.

Barker was permanentl­y banned from Airbnb in April after the company conducted an investigat­ion into Suh’s complaint. When reached for comment Thursday, Airbnb referred to a statement it issued then, calling Barker’s behavior “abhorrent and unacceptab­le. We have worked to provide the guest with our full support.”

As for the fine, there’s a $4,000 minimum penalty for discrimina­tion in places of public accommodat­ion in California.

Edward Lee, Barker’s lawyer, told the Guardian, which first reported the settlement Thursday, that his client was “regretful for her impetuous actions and comments.”

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