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This session explores the terms and regulations surrounding service animals and emotional support animals in residential living areas. It covers NYS laws, policy considerations, ESA certifications, and procedures for requesting reasonable accommodations.
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SA’s, ESA’s, and ? in Housing Presented by: Kirk L., University at Albany
Service Animals, Emotional Support Animals, and ? in the Residential Living Areas Defining the Terms Starting Basic: • Service Animals are a great resource for people with disabilities. • They provide safety, independence, and dignity for people with disabilities who now are able to fully participate in society in ways that would be impossible without their service dogs. • ESA’s serve a very real and important purpose for people with significant mental health problems. • The idea of ESA’s is sound and rooted in the same hope for successful integration of people with disabilities into society
Service Animals, Emotional Support Animals, and ? in the Residential Living Areas Terminology • Companion Animal • Assistance Animal • Therapy Animal • Service Animal • ESA’s
Service Animals, Emotional Support Animals, and ? in the Residential Living Areas • Cross check with NYS Laws – more latitude than the federal laws • Specs: Policy needs language about size of animal, restrictions (no goats, chickens, etc.). • Who moves if objecting to the animal (not necessarily the person with the animal?) • Competing disabilities, allergies, etc., • Need veterinary statement: good health, current vaccinations • Animal health and safety checks, leaving animal in room a day, or longer? • New Policy & Procedure
Service Animals, Emotional Support Animals, and ? in the Residential Living Areas Terminology in State Law? • Guide dogs • Hearing dogs • Service dogs • In every section of NYS statutes that references animals, it is specifically ‘dogs’. The State of New York provides for access to people with disabilities who have service dogs with them.
Service Animals, Emotional Support Animals, and ? in the Residential Living Areas https://www.animallaw.info/topic/table-state-assistance-animal-laws
DOJ and FHA ESA’s Covered under the FHA, NOT under 504/ADA. The rules we apply to such things as consideration for academic accommodations do NOT apply to requests for accommodation under the FHA. Roommate? Is there a significant legitimate difficulty for someone else with the animal present? You may be able to ask the student with the ESA to accept an alternative placement. Policy If roommates/suitemates have objections to sharing their living quarters with the ESA, someone may be asked to shift to an alternative setting. Such decisions will be made on a case-by-case basis.
ESA Certifications and Service Dog Registries • https://www.newyorker.com/magazine/2014/10/20/pets-allowed
The Two Questions The Americans with Disabilities Act allows you to ask someone with a service animal only two questions: Is the animal required because of a disability? What work or task has the animal been trained to perform?
What to do about other students concerns? Allergies, Fear of the Animal? Service animals are allowed in with their handler-with-disability, and you can’t make them accept an alternative setting for the comfort/convenience of another student. ESA – If there is a legitimate difficulty for someone else in having the animal present, you may be able to ask the student w/ESA to accept an alternative placement.
Procedure for Requesting Reasonable Accommodation Does not apply to Requests for Service Animals
Patron Designations In Odyssey HMS
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