
At a glance
- Main federal laws
- Fair Housing Act; Section 504; ADA Title II or III
- Where to apply
- Your school's disability services or housing accommodation office
- Approval before move-in
- Many schools require approval before the animal arrives
- Untrained ESAs
- Individual review, per HUD guidance from May 2026
Fair Housing Act and college dorms
Fair housing law forbids refusing a reasonable change to rules and policies when someone with a disability needs it to have equal use and enjoyment of their home. The Justice Department has applied that principle to student housing. In 2015 it reached a settlement involving University of Nebraska at Kearney, where two students with psychological disabilities had been denied permission to keep emotional support dogs in campus apartments.
The university agreed to a $140,000 payment and to put in place a policy for handling assistance animal requests. The settlement didn't admit liability, but it signals how federal enforcers see campus housing. Schools that take federal money also have obligations under the Rehabilitation Act's Section 504, and the ADA reaches both public and private universities.
Your school's ESA accommodation process
Your college won't know about your disability unless you tell it. As the Office for Civil Rights at the U.S. Education Department explains, college students have to identify themselves as having a disability and use the school's procedure for requesting an adjustment. Each school is required to have a coordinator for Section 504, the ADA or disability services.
With an ESA, this typically means filing a housing accommodation request with disability services or residence life. The Nebraska consent order offers a helpful template: the student fills out a request form, the school may require a verification form from a reliable third party if the disability, or the reason the student needs the animal, isn't apparent, and the school answers in writing. The animal can't move in before approval.
- Find your school's housing accommodation form and deadlines.
- Submit the request early, ideally before housing assignments are made.
- Include documentation from a licensed therapist when your need isn't apparent.
- Wait for written approval before bringing the animal to campus.
Documentation colleges may ask for
The Joint Statement that HUD and the Justice Department issued in 2004 lets a housing provider seek reliable information confirming a disability, describing the accommodation and connecting the two when those points aren't apparent. Generally, the provider can't probe into what your diagnosis is or how severe your condition is. Colleges frequently collect this information on forms of their own.
Some schools ask your therapist to complete the school's verification form or to describe how the animal helps with your disability. A college housing ESA letter from a licensed therapist who has evaluated you can support the request, but the school makes the final decision.
How HUD's 2026 changes affect students
HUD withdrew its 2013 and 2020 assistance animal notices, effective September 17, 2025. In guidance HUD released on May 22, 2026, requests involving animals trained for disability-related tasks are presumed reasonable, but untrained ESAs aren't, and each of those gets an individual review. The same guidance dropped HUD's 2020 position that untrained ESAs couldn't be subject to fees.
Schools may respond differently. Some will keep existing policies, and others may revise them. Your state may also have its own rules, so check your state guide and your school's current policy before you apply.
Living with an ESA on campus
Approved ESA policies usually come with rules. In the Nebraska model policy, the animal stays in the student's residence and is carried or leashed outside it, isn't allowed in other campus buildings, and can be removed if it threatens others' safety or does substantial damage. Roommates' serious allergies, housebreaking and vaccinations can be considered.
Because an ESA isn't an ADA service animal, it generally can't go to classrooms, dining halls or the library. Talk with roommates early, keep the animal clean and quiet, and remember you're responsible for damage beyond normal wear and tear.
If your college denies an ESA request
Request a written explanation of the decision, and ask whether some other arrangement could work, such as a different room or residence hall. Many schools offer an appeal or grievance route through disability services, and the Nebraska model policy included appeal rights. A state fair housing agency, HUD, or a lawyer can also help you weigh your options.
Getting a college housing ESA letter
ESA Letter Therapist offers a college housing version of the ESA letter for dorms and student residences, at $129. You book online, have a short call (5 to 10 minutes, phone or video) where a licensed therapist evaluates you, and get a signed letter if the therapist decides one is appropriate. There's no charge unless your letter is issued.
If your school has its own verification form, tell us so the therapist can look it over. College life can be stressful, and an animal doesn't take the place of counseling or treatment. In a crisis, dial or text 988; in an emergency, dial 911.
Frequently asked questions
Do fair housing rules reach college dorms?
Federal enforcers have treated university housing as covered, as in the Justice Department's 2015 settlement involving University of Nebraska at Kearney.
Who decides whether I can have an ESA in my dorm?
Your school, usually through its disability services or housing accommodation office.
Can I bring my ESA before approval?
Usually not. Many schools, like the Nebraska model policy, don't allow the animal until the request is approved.
Can my ESA come to class with me?
Generally no. ESAs aren't ADA service animals, so their approval is usually limited to your residence.
Can my college charge a fee for my ESA?
It depends on the school and your state. HUD withdrew its 2020 no-fee position for untrained ESAs, though some states and school policies still bar fees.
My roommate has allergies. What happens?
Schools can consider serious allergies and may adjust room assignments, such as offering a single room.
Does a high school 504 plan transfer to college?
Not automatically. According to the Department of Education, an IEP or 504 plan usually won't be sufficient by itself, so you need to ask the college for accommodations.
Sources
We cite government agencies, professional societies and peer-reviewed research. See our editorial policy.
- Justice Department and University of Nebraska at Kearney Settle Lawsuit Over Rights of Students with DisabilitiesU.S. Department of Justice
- Consent Order, United States v. University of Nebraska at KearneyU.S. Department of Justice
- Students with Disabilities Preparing for Postsecondary EducationU.S. Department of Education
- Joint Statement of HUD and DOJ on Reasonable Accommodations under the Fair Housing ActU.S. Department of Justice
- Enforcement Guidance on Assessing Requests for the Use of an Animal as a Reasonable Accommodation (May 22, 2026)HUD
- Frequently Asked Questions about Service Animals and the ADAADA.gov