A service dog in student housing
Psychiatric service dogs
Campus housing is covered by the Fair Housing Act, the ADA and Section 504 at the same time, and each one answers a slightly different question.
Three laws, one building
University residence halls are dwellings, so the Fair Housing Act reaches them. The university is also a place of public accommodation or a public entity, so the ADA reaches its non-residential spaces. And if it receives federal financial assistance, which nearly all do, Section 504 of the Rehabilitation Act reaches the whole institution.
The practical consequence is that a trained service dog has the strongest position of any assistance animal on a campus, because it qualifies under all three rather than only the housing one. It may accompany the handler to lectures and the library, not only in the room.
How the process actually runs
- The request goes to the disability services office, not to housing. Housing usually cannot approve one on its own and sending it there is the most common cause of delay.
- Expect a documentation requirement, a standard form, and an interactive conversation rather than a yes or no.
- Expect a deadline. Many institutions require assistance animal requests well before the term starts, sometimes 30 to 60 days, and a late request is routinely held over to the following term.
- Expect roommate notification, and sometimes a reassignment if a roommate has a documented allergy. The institution has to accommodate both.
The deadline is the thing that goes wrong. A perfectly good request submitted in August for a September term is regularly deferred, and the law does not require an institution to abandon a published and reasonable process.
What a university may and may not require
- May require documentation of the disability-related need, where the need is not obvious.
- May require vaccination records and licensing for the animal, which is an ordinary animal-control matter.
- May require the handler to be responsible for the animal's care, and to arrange care during absences.
- May not require certification or registration for the animal.
- May not charge a pet fee or deposit, nor restrict the handler to particular accommodation because of the animal.
- May not require the animal to be left behind during breaks, if the handler remains in residence.
Common questions
- Can my service dog come to lectures?
- A trained service dog may accompany its handler anywhere students are allowed, under the ADA and Section 504. An emotional support animal is a housing accommodation only and does not come to class.
- When should I submit a request for campus housing?
- As early as the institution allows. Many publish deadlines 30 to 60 days before the term, and a late request is commonly deferred rather than refused.
- What if my roommate is allergic?
- The institution has to accommodate both of you, which usually means a room reassignment for one party rather than excluding the animal.