Johns Hopkins University supports students with disabilities by allowing emotional support animals (ESAs) in University housing as a reasonable accommodation. This policy, managed through Student Disability Services and Housing Services, outlines the criteria for qualifying for an ESA, the application process, and the responsibilities of students who are approved to have an ESA. The policy ensures that all students have equal access to university housing while maintaining campus safety and the wellbeing of the residential community.
Legal Framework
Johns Hopkins University’s Emotional Support Animal (ESA) policy is shaped by federal laws and regulations designed to protect individuals with disabilities, ensuring they have equal access to educational opportunities and housing accommodations. The key legal frameworks influencing this policy include:
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, or disability. Under the FHA, individuals with disabilities are entitled to reasonable accommodations in housing, which may include the right to keep an ESA, even in buildings or residences that otherwise prohibit pets. The FHA requires that universities make exceptions to pet policies when an ESA is necessary for the individual with a disability to have an equal opportunity to use and enjoy their dwelling.
While the Americans with Disabilities Act (ADA) primarily governs public spaces and services, it is crucial to understand its distinction between Service Animals and Emotional Support Animals. The ADA recognizes Service Animals, particularly dogs and in limited cases miniature horses, that are trained to perform specific tasks for individuals with disabilities. However, ESAs, which provide comfort through companionship, are not granted the same public access rights under the ADA. As such, ESAs are not allowed in Johns Hopkins’ non-residential buildings (e.g., classrooms, dining halls, libraries) under ADA guidelines but are accommodated in housing under the FHA.
Section 504 is a federal law that prohibits discrimination based on disability in programs and activities, including those offered by federally funded educational institutions like Johns Hopkins University. Under Section 504, the university must provide reasonable accommodations, including allowing ESAs in residential housing when necessary to ensure that students with disabilities have equal access to university programs and activities.
In addition to federal regulations, Maryland state laws and Baltimore City ordinances also influence ESA policies at Johns Hopkins University. Baltimore City Health Department regulations govern animal licensing, vaccination requirements, and health standards. Johns Hopkins University ensures that its ESA policy is in full compliance with relevant state and local regulations, providing a supportive and safe environment for all students.
Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, or disability. Under the FHA, individuals with disabilities are entitled to reasonable accommodations in housing, which may include the right to keep an ESA, even in buildings or residences that otherwise prohibit pets. The FHA requires that universities make exceptions to pet policies when an ESA is necessary for the individual with a disability to have an equal opportunity to use and enjoy their dwelling.
Americans with Disabilities Act (ADA)
While the Americans with Disabilities Act (ADA) primarily governs public spaces and services, it is crucial to understand its distinction between Service Animals and Emotional Support Animals. The ADA recognizes Service Animals, particularly dogs and in limited cases miniature horses, that are trained to perform specific tasks for individuals with disabilities. However, ESAs, which provide comfort through companionship, are not granted the same public access rights under the ADA. As such, ESAs are not allowed in Johns Hopkins’ non-residential buildings (e.g., classrooms, dining halls, libraries) under ADA guidelines but are accommodated in housing under the FHA.
Section 504 of the Rehabilitation Act of 1973
Section 504 is a federal law that prohibits discrimination based on disability in programs and activities, including those offered by federally funded educational institutions like Johns Hopkins University. Under Section 504, the university must provide reasonable accommodations, including allowing ESAs in residential housing when necessary to ensure that students with disabilities have equal access to university programs and activities.
State and Local Laws
In addition to federal regulations, Maryland state laws and Baltimore City ordinances also influence ESA policies at Johns Hopkins University. Baltimore City Health Department regulations govern animal licensing, vaccination requirements, and health standards. Johns Hopkins University ensures that its ESA policy is in full compliance with relevant state and local regulations, providing a supportive and safe environment for all students.
Who Qualifies for an Emotional Support Animal
Assistance Animals (ESAs)
Students with documented disabilities may keep an ESA in their University housing if the animal is necessary to afford them an equal opportunity to use and enjoy campus housing. The relationship between the disability and the need for the ESA must be documented by a licensed healthcare provider who has a therapeutic relationship with the student. Approval must be obtained from Student Disability Services before bringing the animal to campus.
Service Animals
Students with disabilities may have a Service Animal in their dormitory or rental unit, as well as other venues on campus, if the animal is trained to perform tasks directly related to the student’s disability. Service animals are defined as dogs (and miniature horses) that are individually trained to do work or perform tasks for a person with a disability. Service Animals do not require prior approval but students are encouraged to register with Student Disability Services.
Application Process for an ESA
Step 1: Registration and Documentation
Students must register with Student Disability Services (SDS) and submit documentation by the established deadline (generally mid-June for incoming freshmen and new students). Required documentation includes:
- Verification of the student’s disability from a qualified healthcare provider
- Documentation describing why the animal is necessary to afford the student an equal opportunity to use and enjoy the dwelling
- Evidence showing an identifiable relationship between the disability and the assistance the animal provides
Step 2: Review and Notification
Step 3: Final Approval and Animal Documentation
Before bringing the animal to campus, students must provide the following documentation to Housing Services:
- Documentation that the animal meets all Baltimore City Health Department vaccination requirements
- Documentation from a licensed veterinarian that the animal is in good health
- Documentation that the animal has met Baltimore City licensing requirements
- Contact information for an emergency caregiver who can arrive on campus within one hour
Students will receive the ESA Guidelines and Requirements document and must sign agreements acknowledging their responsibilities. Documentation must be updated yearly.
Responsibilities of ESA Owners
- Students must maintain full control of their ESA at all times using a harness, leash, or tether when outside their room, and must crate the animal when not present.
- The animal must be housebroken, and students are responsible for waste cleanup in designated relief areas. Litter boxes must be kept clean and placed on mats.
- Students are responsible for the animal’s health, grooming (off-campus only), and maintaining current vaccinations and Baltimore City licensing.
- Students are financially responsible for any damage caused by the animal beyond reasonable wear and tear, including pest control costs if needed.
- ESAs may not be left overnight in the care of roommates or other students. Students must take their ESA with them or arrange for removal from campus.
- Students must provide an emergency caregiver contact who can arrive within one hour to care for the animal if needed.
Conflicting Needs and Resolutions
Johns Hopkins University is committed to accommodating both ESA owners and other residents who may have conflicting needs, such as allergies, phobias, or other medical conditions affected by the presence of an animal. If a roommate or suitemate is unable to live with an animal due to a conflicting condition, Housing staff will work to provide a suitable living arrangement for each student. Individuals with concerns should contact Student Disability Services to discuss possible accommodations. The university will work to find a balanced solution that meets the needs of all parties involved.
Important Considerations
- ESAs are only permitted in the student’s bedroom and designated outdoor relief areas. They are not allowed in other campus buildings, classrooms, dining halls, libraries, or common areas of residence halls.
- If the animal needs to be replaced, students are responsible for notifying Housing and providing all required documentation for the new animal.
- Students who believe their service or assistance animal has been improperly excluded may contact the Director of Student Disability Services.
- All roommates and suitemates must sign an acknowledgment form agreeing to share common areas with the approved ESA.
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