Blog

Disabled Students Have Right to Emotional Support Animals on Campus

Posted by Joseph D. Lento | Apr 19, 2022 | 0 Comments

As student mental health becomes a priority concern among colleges and universities across the U.S., so are the ways to help promote positive feelings in an atmosphere where stress from immense academic and social pressure is typically found. Although schools are spending more capital on bolstering student mental health services and giving youth access to resources through the college or university, more novel avenues of care still face barriers at institutions of higher education.

The Chronicle of Higher Education reports that emotional-support animals (ESAs) are becoming increasingly common in the academic sphere. Historically, schools have shied away from allowing animals in student housing over the fear they would be disruptive to others in the building. Yet, the legal case to allow ESAs on campus to assist students in their studies has strengthened.

Disabled Students Accessing Emotional Support Animals

The U.S. Department of Housing and Urban Development (HUD) states that under the Fair Housing Act (FHA), an ESA is not a pet but an “assistance animal…that provides emotional support that alleviates one or more identified effects of a person's disability.” Housing providers—in this case, colleges and universities—may not refuse reasonable accommodations in affording a person with a disability the “equal opportunity to use and enjoy a dwelling.”

Reasonable accommodation requests for an ESA may include, for example:

  • A student requesting to reside with an ESA at a property where the housing provider posts a “no-pets” policy
  • A student requesting that a housing provider waive a fee or deposit to include an ESA

Disability Access Approval

Most schools require students seeking approval for an ESA for mental health reasons to provide the administration with “reliable documentation” from a licensed mental health professional. Yet, the nature of reliable documentation is fleeting as the definition for such changes from school to school.

To combat this, some schools have designated some student housing as “pet-friendly.” However, lawmakers and mental health advocates have claimed that such a designation may endanger trained service animals and even the people they support.

Institutions that fall behind the curve in mental health support for college students may believe there will be widespread fraud in the ESA system. However, do not let this misconception deter you from gaining access to what you need to have an outstanding academic career.

Unparalleled Student Disability Advocate

Disability accommodations are offered for students to minimize obstacles in academia. There is no reason that a disability or a school's allowance of mental health services should dissuade you from doing your best in your studies.

Attorney-advisor Joseph D. Lento is unmatched in his experience with student defense matters. He and his passionate team at the Lento Law Firm are known for defending their clients challenging protection under disability rights. Do not sit back and wait for the issues with disability access to become worse. Call 888-535-3686 today, or schedule a Lento Law Firm consultation via the online service.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu