Assistance Animals and Compliance: What You Need to Know About Recent Developments
In at least three recent lawsuits, post-secondary institutions have come under fire for failing to comply with provisions of the Fair Housing Act (FHA) that make it unlawful to deny housing based on a person’s handicap and that require institutions to accommodate “assistance animals.” What most institutions don’t realize yet is that the federal definition for an assistance animal is much broader than the definition for a service animal under the ADA. (A service animal can only be a dog or, in some circumstances, a miniature horse. An assistance animal can be any type of animal and need not be specially trained.) While colleges and universities do have a long history of accommodating service animals, the concept of accommodating assistance animals is relatively new. But though it’s new, failing to comply can still create legal risk for your institution. Three Recent Cases In three recent cases: In all of these cases, the institution in question fell back on traditional housing policies regarding pets. And in these cases, the institutions faced legal action for holding to that exclusion. As our researchers at Academic Impressions note, “No one wants to pay $40,000 for a guinea pig.” It’s important to be aware of how […]

