The Foundation of Accommodation: Disability Services and the Fair Housing Act
Understanding the Definition: ESA vs. Service Animal
Service Animals are dogs that are individually trained to do work or perform tasks for people with disabilities. They have broader access rights under the ADA, generally permitted in all areas where the public is allowed. Colleges must typically allow service animals in classrooms, dining halls, libraries, and other public spaces on campus, as well as in student housing.
Emotional Support Animals, on the other hand, provide comfort and support that alleviates one or more identified symptoms or effects of a person s disability. Unlike service animals, ESAs are not required to have specific training to perform tasks. Their primary function is to provide emotional support through their presence. In the context of college, ESAs are typically accommodated within student housing but may not have the same broad access rights to other campus facilities as service animals.
Eligibility for an ESA in College Housing
- The LMHP s professional letterhead, license number, and contact information.
- A statement that the student has a diagnosed mental or emotional disability.
- An explanation of how the ESA provides support that alleviates symptoms of the disability.
- A recommendation that the animal be allowed to live with the student in campus housing.
The College s Accommodation Process
- Registering with Disability Services: Students need to identify themselves to the college s disability services office and provide documentation of their disability and their need for an ESA.
- Submitting the ESA Letter: The official ESA letter from the LMHP is a key component of the documentation.
- Completing College Forms: Disability services may require students to complete specific forms outlining information about the ESA, such as breed, size, vaccination records, and behavioral history.
- Meeting with Disability Services Staff: Students may be asked to meet with staff to discuss their needs and the role of their ESA.
- Review and Decision: The disability services office will review the request and supporting documentation to determine if the accommodation is reasonable and necessary.
Reasonable Accommodation: What Colleges Must Provide
Limitations and Potential Restrictions
- Direct Threat: If the ESA poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications to policies, practices, or procedures, the accommodation may be denied. This assessment is based on the individual animal s behavior and history, not on breed stereotypes.
- Fundamental Alteration: If accommodating the ESA would fundamentally alter the nature of the college s housing program, the request might be denied. This is a high bar and rarely applies to ESAs in standard student housing.
- Undue Financial and Administrative Burden: If the accommodation would impose an undue financial and administrative burden on the college, it might not be required. Again, this is a difficult standard to meet for ESA accommodations in most cases.
- Uncontrolled Damage: If the ESA causes substantial damage to property and the student does not take reasonable steps to prevent future damage, the accommodation could be reconsidered.
- Disruptive Behavior: If the ESA is excessively disruptive to other residents despite reasonable efforts by the student to manage its behavior, the accommodation may be reviewed.
Responsibilities of Students with ESAs in College Housing
- Compliance with College Policies: Students must adhere to all college policies related to ESAs, including registration, documentation updates, and behavioral expectations.
- Care and Supervision of the ESA: Students are responsible for the proper care, feeding, hygiene, and supervision of their ESA at all times.
- Managing Animal Behavior: Students must take reasonable steps to ensure their ESA does not disrupt or harm others or damage property. This includes training the animal to be well-behaved in a residential setting.
- Vaccination and Health Records: Students are typically required to provide proof of current vaccinations and may need to provide other health records for their ESA.
- Financial Responsibility for Damages: As mentioned earlier, students are responsible for any damage caused by their ESA beyond normal wear and tear.
- Respect for Others: Students should be mindful of their roommates and other residents and take steps to mitigate any potential concerns or conflicts related to their ESA.
Preparing Your ESA for College Life
- Basic Obedience Training: Ensure your ESA has basic obedience skills and is well-behaved in various settings.
- Socialization: Expose your ESA to different people, sounds, and environments they might encounter on a college campus.
- Comfort in Crates or Carriers: If your ESA will need to be crated at times, ensure they are comfortable with this.
- Familiarity with Apartment or Dormitory Living: If your ESA is accustomed to a house with a yard, acclimate them to smaller living spaces and indoor toileting if necessary.
- Veterinary Check-up: Ensure your ESA is up-to-date on all vaccinations and in good health before arriving on campus.
Addressing Potential Conflicts and Concerns
- Communicate Openly: If roommates or other residents have concerns, listen respectfully and try to find mutually agreeable solutions.
- Seek Assistance from Disability Services or Housing Staff: If conflicts cannot be resolved informally, reach out to the college s disability services or housing office for guidance and support.
- Document Everything: Keep records of any communication, concerns, or resolutions related to your ESA.
The Benefits of Having an ESA in College
- Reduced Stress and Anxiety: The presence of an ESA can provide a sense of calm and reduce feelings of stress and anxiety often associated with college life.
- Companionship and Reduced Loneliness: College can be a time of transition and potential loneliness. An ESA can provide constant companionship and a sense of connection.
- Increased Feelings of Security and Safety: An ESA can offer a sense of security and make students feel safer in their living environment.
- Improved Mood and Motivation: Interacting with an ESA can boost mood and provide motivation.
- Routine and Responsibility: Caring for an ESA can help establish a routine and provide a sense of responsibility.
CertifyESA: Your Partner in Navigating ESA Requirements
Conclusion: Thriving in College with Your ESA
References
U.S. Department of Justice. (n.d.). ADA Requirements: Service Animals. Retrieved from https://www.ada.gov/resources/service-animals-faqs/
U.S. Department of Housing and Urban Development. (2020, January 28). Assessing a Person’s Request to Have an Assistance Animal Under the Fair Housing Act. FHEO-2020-01. Retrieved from https://www.hud.gov/sites/dfiles/FHEO/documents/Assessing_a_Persons_Request_to_Have_an_Assistance_Animal_Under_the_FHA.pdf
Association on Higher Education and Disability. (n.d.). Accommodation Practices for Animals on Postsecondary Campuses. Retrieved from [Insert relevant link if available from a credible source]
Individual College/University Disability Services Websites. (Examples: University of Michigan Disability Services, Michigan State University Resource Center for Persons with Disabilities). Students should consult the specific policies of their college.
Garczynski, P. (2017). Emotional support animals on college campuses: A systematic review of the literature. Journal of Postsecondary and Higher Education Disability, 30(4), 299-315u