The Journal of College and University Student Housing - Volume 44, No. 3 - 52

Erik Salminen * Dennis E. Gregory

sity, 2015). however, the court did not accept
the argument, stating that the fha applies to
all federally-funded residences unless otherwise stated (u.s. v. Kent state university, 2015).
furthermore, the complainants were living in
an apartment, not a dormitory, which made the
claim that their residence was significantly different from other common forms of housing
unconvincing (u.s. v. Kent state university,
2015). Ksu settled with the lukes in January
2016, awarding the couple $100,000, the
united states government $15,000, and the
fhaa $30,000 (united states Department of
Justice office of public affairs, 2016). the university also agreed to change its housing policies to allow for reasonable accommodations
for esas (united states Department of Justice
office of public affairs, 2016).

college's policy of no animals on campus?"
(Von Bergen, 2015, p. 23). students may not
use the most accurate terminology in their requests, so it is imperative to begin by determining whether the animal falls under the service
animal, assistance animal, or pet category (Von
Bergen, 2015). if it is unclear whether or not

Practical Outcomes

they can require for ESAs, but

Responding to requests for accommodation.

they should avoid requesting

While there is not yet a u.s. supreme Court
precedent regarding esas on campuses, it is
important for university officials to be aware of
the requirements if the fha continues to be
found applicable to university housing (Bewley,
2015; hope, 2016; huss, 2012; powers, 2014;
Von Bergen, 2015). according to huD guidelines, housing providers under the fha who
receive requests for accommodations for assistance animals are required to consider whether
the individual has a disability that significantly
affects his or her ability to function in life, and
whether the animal assists the individual in
mitigating that disability (trasviña, 2013). according to Von Bergen (2015), there are two
other questions that the administrator must
consider in these instances. the first is, "Why
is the student requesting an exception to the

52

Administrators also legally
cannot ask for proof that
a service animal has been
trained . Administrators are not
as constrained in the questions
they can ask or documentation

confidential, unnecessary, or
onerous documentation in attempts
to ensure that the animals are
in fact ESAs .

the animal qualifies as a service animal, administrators must be careful, as they are only
legally allowed to ask, (1) "is this a service
animal that is required because of a disability?"
and (2) "What work or tasks has the animal
been trained to perform?" (trasviña, 2013, p.
5). administrators also legally cannot ask for
proof that a service animal has been trained
(trasviña, 2013). administrators are not as con-

T h e J o u r n a l o f C o l l e g e a n d U n i v e r s i t y St u d e n t H o u s i n g



The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3

Contents
The Journal of College and University Student Housing - Volume 44, No. 3 - Intro
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