Emerging legal trends suggest colleges and universities should be prepared to make accommodations for emotional support animals, specifically under the requirements of the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act. Examining recent legal developments, this practitioner brief considers a lawsuit brought by the United States against the University of Nebraska at Kearney to permit a student diagnosed with depression and anxiety to have a therapy dog in student housing. It also reviews recent guidance issued by the U.S. Department of Housing and Urban Development (HUD) addressing the use of service and assistance animals for individuals with disabilities, including the use of service animals for “emotional support.”
Hutchens, Neal H.
"Recent Legal Trends Support Requiring Colleges and Universities to Permit Emotional Support Animals in Student Housing,"
Kentucky Journal of Higher Education Policy and Practice: Vol. 2:
2, Article 3.
Available at: https://uknowledge.uky.edu/kjhepp/vol2/iss2/3