The Journal of College and University Student Housing - Volume 44, No. 3 - 53

Animal Housing

strained in the questions they can ask or documentation they can require for esas, but they
should avoid requesting confidential, unnecessary, or onerous documentation in attempts to
ensure that the animals are in fact esas (Von
Bergen, 2015). furthermore, if the aDa can be
applied concurrently with the fha or the rehabilitation act, then the stricter aDa rules must
be applied where they overlap (trasviña, 2013).
the second question that Von Bergen (2015)
thinks administrators should consider is, "is
the student's request reasonable?" (p. 24). Just
because administrators should accommodate
requests for esas does not mean that the university cannot set certain limitations (hope,
2016; huss, 2012; huss, 2016; trasviña, 2013;
Von Bergen, 2015). for instance, huD guidelines for the fha prohibit universities banning
assistance animals based solely on their breed,
size, or weight, which supersedes local laws
proscribing pit Bulls, rottweilers, german
shepherds, and other breeds of dogs (powers,
2014; trasviña, 2013). however, the consent
decree between unK and the u.s. government
did allow unK to reject certain animals due to
size if it could justify why accommodating it
was unreasonable (hope, 2016). furthermore,
previous cases involving esas and the fha
have allowed administrators to restrict assistance animals to domesticated species, which
would save universities from having to accommodate more exotic requests (huss, 2012).
university policies also cannot disallow esas
based on the speculation that they might cause
damage to the residence or harm others, but
can prohibit them if there is evidence for believing the individual esa had done so in the
past and will continue to do so in the future
(powers, 2014; trasviña, 2013). administrators

also may be able to legally support the decision
to rescinded accommodations if the animal is
extremely disruptive or the handler does not
attempt to mitigate disturbances caused by
the esa (Judge David l. Bazelon Center for
mental health law, 2017).

Requirements for handlers. university officials can place some of the onus on students
for making the housing of esas on campus
feasible. for example, students requesting
accommodations for an esa can be asked to
provide documentation to show that the animal
they would like to bring on campus is not just
a pet (Bewley, 2015; Burnett & poliakoff, 2012;
huss, 2016; Von Bergen, 2015). Von Bergen
(2015) advises consolidating positions related
to animals on campus into a centralized office
to review the documentation and administer
the admission of service animals, esas, and
pets on campus. additionally, Bewley (2015)
recommends that universities have specialized
advisers on staff to teach handlers about the
university's policies and their responsibilities.
universities can require the students who
own the esas to adhere to certain policies for
the safety of other students and the animal
itself (Bewley, 2015; hope, 2016; huss, 2012;
powers, 2014; Von Bergen, 2015). students
can be prohibited from leaving their esa in
their dorm rooms unattended or in the care of
another student overnight (Bewley, 2015; hope,
2016). universities also can create policies that
call for the removal of esas that are excessively
loud, are not kept on a leash (unless doing so
impedes their work as an esa), and jump on
other students (Von Bergen, 2015). furthermore, universities can require handlers of esas
to ensure their quarters are kept odor-free, that
the animal is healthy and well-groomed, and
V o l u m e 4 4 , No. 3 * 2 0 1 8

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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
The Journal of College and University Student Housing - Volume 44, No. 3 - Cover1
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The Journal of College and University Student Housing - Volume 44, No. 3 - Cover3
The Journal of College and University Student Housing - Volume 44, No. 3 - Cover4
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