The Fair Housing Act as amended in 1988 requires housing providers, such as WVSU, to modify or make exceptions to policies governing animals when it may be necessary to permit persons with disabilities to utilize animals. Because HUD interprets the FHA to require access for individuals who use service animals, our Institution will initially follow the analysis that DOJ has determined is used for assessing whether an animal is a service animal under the ADA. The Department of Justice’s ADA regulations generally require state and local governments entities and public accommodations to permit the use of service animals by an individual with a disability. For support animals and other assistance animals that may be necessary in housing, although the ADA does not provide for access, housing providers must comply with the FHA, which does provide for access.
Additionally, as WVSU is subject to Section 504 of the Rehabilitation Act of 1973, the Office of Civil Rights at the US Department of Education has indicated that such requests also should be considered through the interactive process outlined in the regulations. While Section 504 does not speak to animals - instead it addresses discrimination – it would require consideration of a modification to policy or procedure (such as a no-pet policy), if without the modification the person was denied access. The burden of proof is on the student to prove how a no pet policy denied them access.
Overall questions to be considered – Is the animal a service animal? If not, how is the requested accommodation of an animal in the residence hall reasonable and necessary to afford the student to have an equal opportunity to use and enjoy student housing at WVSU?
With regards to emotional support animals, the accommodations must be reasonable and HUD does not require the Institution to permit animals that:
- pose a direct threat to the health and safety of others (that cannot be reduced or eliminated by another reasonable accommodation);
- would cause substantial physical damage to the property of others (including campus housing);
- would pose an undue financial and administrative burden on the University; or
- would fundamentally alter the nature of the University’s operations.
Approved assistance animals are allowed in the residence hall or campus apartment for which the individual with a disability is assigned by the Office of Housing and Residence Life. An individual with a disability may be asked to remove an assistance animal from campus housing if the animal:
- is out of control and the individual does not take effective action to control it,
- poses a direct threat to the health and safety of others (that cannot be reduced or eliminated by another reasonable accommodation),
- causes substantial physical damage to the property of others (including University housing), or
- poses an undue financial and administrative burden to the University.
SAR and Housing/Residence Life may place reasonable conditions or restrictions on approved animals, depending on the nature and characteristics of the animal. This will be determined on a case-by-case basis using an interactive process involving the student and staff of the aforementioned offices.
If the accommodation is denied and the assistance animal is properly excluded when requested, the individual with a disability has the opportunity to use and enjoy campus housing without having the assistance animal on the premises.
An assistance animal is not required to have special training, certification or be licensed as an assistance animal; however the animal shall be under the control of the individual. An assistance animal shall have a harness, leash, other tether, or cage (restraining device) unless either the individual is unable because of a disability to use a restraining device, or the use of a restraining device would interfere with the animal’s safe, effective performance of assistance, in which case the animal must be otherwise under the individual’s control (e.g., voice control, signals or other effective means).
The University is not responsible for the care or supervision of an assistance animal.
The University may ask about:
- the nature or extent of a person’s disability that substantially limits a major life activity,
- how the assistance animal is necessary for the student to use or enjoy his/her residence, and
- the relationship between the student’s disability and the relief that the animal provides.
The University may request veterinary verification of routine care of the animal, including vaccines.
The University will not charge the individual with a disability a surcharge, even if people accompanied by pets are required to pay fees. If the University normally charges individuals for damages caused by a pet, an individual with a disability may also be charged for damage caused by the assistance animal particular accommodation must be granted if it is deemed not reasonable or other suitable methods are available.