Abstract
Campus housing accommodation requests for an emotional support animal continue to rise. Schools may assume the Fair Housing Act is the only federal law that governs requests to keep an ESA in residential housing. Their assumption may seem reasonable since the Americans with Disabilities Act service animal regulations do not extend to students with ESAs, and courts routinely treat claims under Section 504 and the ADA as governed by the same legal obligations. In addition, the three major campus housing emotional support animal cases, all ending in court‐approved consent decrees, were FHA lawsuits against Portland State University, the University of Nebraska at Kearney, and Kent State University, with the Department of Justice suing on behalf of the Department of Housing and Urban Development.
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