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The University of Colorado Denver adheres the Americans with Disabilities Act (ADA), the most recent guidance from the Department of Justice (DOJ), as well as the U.S. Department of Housing and Urban Development (HUD) guidelines regarding support animals. In accordance with these laws, guidelines, and regulations, as well as the University of Colorado Denver and Anschutz Medical Campus Animals on Campus Policy 3051, the University of Colorado Denver outlines the following procedures for approved emotional support animals on campus.

Definitions:

Emotional Support Animal (ESA): This is an animal that provides therapeutic emotional support to an individual with an emotional or mental disability or alleviates one or more symptoms of a disability. An ESA is not a service animal, as they are not specially trained to perform a task and are not covered by the Americans with Disabilities Act (ADA) relative to public accommodations. An ESA is covered by applicable law relative to housing considerations to allow a person with a disability an equal opportunity to use and enjoy a dwelling. To legally be considered an Emotional Support Animal, a recommendation for the animal must be supported by documentation from a qualified health care professional with whom the student with a disability has a professional medical relationship..

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Pet: A pet is an animal kept for ordinary use and companionship. A Pet is not considered a Service Animal, Service Animal in Training, Emotional Support Animal, Therapy Animal, or Research Animal, therefore is not covered by these guidelines and related policies. Residents are not permitted to keep pets (aside from fish) in campus housing or on university property, as noted in the Resident Handbook.

ESA Request Process:

Emotional Support Animals may not reside in campus housing without approval and coordination from Disability Resources and Services (DRS) in collaboration with the Office of Housing & Dining.
Requests will be processed as follows:

• The requesting student will provide Disability Resources and Services with appropriate and required documentation at least thirty (30) days before housing is needed for the Emotional Support Animal. Advance notice helps to ensure that accommodations are appropriate and that the student will have a smooth transition into on-campus housing.
• Documentation should contain information confirming disability from a qualified health care professional – e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse, with personal knowledge of the requester..
• The documentation should verify that the student qualifies as a person with an emotional or mental health impairment and indicates that the ESA appears necessary to afford the person with a disability equal opportunity to use and enjoy a living space within a residence hall.
• Residence hall assignments will consider both the student with the ESA and other residents sharing the living space with the student. Students can indicate their preference to live with an animal or not on their housing application.  
• Typically, only one animal may reside in a housing unit. A unit is defined as a space with assigned shared common space, i.e. a room or suite. If multiple individuals in a unit have an approved animal, one individual may be moved to an alternative housing unit.
• See Emotional Support Animal Request Process form for additional information.

Criteria for Determining if an ESA is a Reasonable Accommodation:

A committee consisting of staff members from Disability Resources and Services, the Office of Housing & Dining, Student and Community Counseling Center, and any other relevant campus entities as needed will review the documentation and will communicate with the individual making the request within thirty (30) days after receipt of all required paperwork and documentation. Accommodations will be determined on a case-by-case basis.
The request may be denied if:

1. the specific animal requested poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, as noted by the U.S. Department of Housing & Urban Development
2. the specific animal requested would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation, as noted by the U.S. Department of Housing & Urban Development
3. supporting documentation is not provided in full
4. the documentation provided does not adequately support the need for the ESA

Owner’s Responsibilities:

• An approved ESA is permitted only in the assigned living area of the student except to the extent that the individual is taking the animal out for natural relief. ESAs are not permitted in other campus buildings or residence hall spaces outside of the assigned unit, such as classrooms, dining centers, athletic center, residence hall lounges, hall bathrooms, etc..
• The animal must be in good health and maintained in a manner that takes into consideration the health and hygiene of the animal and those who encounter the animal. The cost of care and maintenance of health and well-being are the sole responsibility of the student.
• The animal must be properly vaccinated, and vaccinations must be current; vaccination records are required on file with the Office of Housing & Dining. Vaccination records must be submitted prior to the animal’s arrival on campus. Vaccination records should uploaded through the online Housing & Dining form. The owner must abide by local ordinances regarding vaccinations and proper licensure for the city of Denver and the state of Colorado or standard practice of care for that specific animal.
• The animal must be controlled by the owner at all times. Animals should not be left overnight in university housing to be cared for by any individual other than the owner. If the owner is to be absent from their residence hall overnight or longer, the animal must accompany the owner. The owner is responsible for ensuring the animal is contained, as appropriate, when the owner is not present during the day while attending classes or other activities.
• The University of Colorado Denver is not responsible for providing care or food for any ESA including, but not limited to, giving care if the student is not permitted on-campus or removing the animal during emergency evacuation for events such as a fire alarm. Emergency personnel will determine whether to remove the animal and may not be held responsible for the care, damage to, or loss of the animal.
• The animal must be on a leash or in a closed carrier at all times when outside of the individual residential unit for which it has been approved.
• The owner is financially responsible for the actions of the approved ESA. These actions include bodily injury and/or property damage and the owner must take appropriate precautions to prevent injury and/or property damage. Any damage to University of Colorado Denver property caused by the ESA beyond normal maintenance and cleaning will be charged to the owner.
• The animal must be house broken. The owner is responsible for ensuring all animal waste is nd disposed of in outdoor trash receptacles. Animal waste is not to be disposed of indoors.
• The animal must be the sole property of the student approved for an ESA. Animals may not be fostered through an adoption agency or borrowed from another owner.
• The student is required to provide the Office of Housing & Dining with emergency contact information for an individual should the owner be unable to care for the ESA at any time.
• The student is required to complete the Campus Animal Registration Agreement each year that the ESA will be residing on campus. If any information about the animal should change throughout the year, the student must notify Housing of these changes.
• Students may not interchange animals as their ESA. Should the student wish to permanently change which animal serves as their ESA, the student must contact DRS to initiate this formal change. Students will then need to complete the Campus Animal Registration Agreement again for the updated ESA.
• Typically, only one ESA will be approved per student and per residential unit. If a student applies for more than one ESA,

Removal of ESA:

Emotional Support Animals may be removed from the University of Colorado Denver premises if:

1. The animal is out of control and the owner does not take effective action to control it. If improper animal behavior happens repeatedly, the owner may be asked to remove the animal from on-campus housing until the owner can demonstrate that they have taken significant steps to mitigate the behavior. Any ESA that displays vicious behaviors toward other students, staff, or guests may be excluded from campus housing
2. the ESA is not housebroken or causes significant damage to campus property
3. the ESA is a direct threat to the health and safety of individuals, or displays vicious behaviors towards other students, faculty, staff, or guests
4. the owner does not comply with the owner’s responsibilities set forth above

Conflicting Conditions and Resolution Process:

Some people may have conditions that are affected by animals, causing substantial impairment which may then qualify as disabilities. The University of Colorado Denver will consider the needs of both individuals with qualifying disabilities in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible.

On the housing application, prospective residents can designate their willingness to live with an animal. When making housing arrangements and placements, The Office of Housing & Dining will reference the housing application to find a suitable housing placement and/or roommate for the student and their ESA based on this information.

Students who request a housing accommodation because of a conflicting disability related to the presence of an Emotional Support Animal should contact the DRS office to initiate registration for disability-related accommodations. Documentation will be required.

If an ESA accommodation results in a disability-related housing concern for a student with a conflicting disability, alternative housing options will be offered to each relevant individual, in collaboration with DRS and the Office of Housing & Dining. The ESA may not reside or be present in the residential unit while Housing and DRS are engaging in the process with each relevant party to determine a satisfactory outcome. If the offered alternative options do not result in a solution that is satisfactory to each party, Housing will determine which party must move to an alternative housing placement within 5 business days of the completion of discussions with each party about alternative options.

In general, the determination of which individual must move to an alternative placement will be based on several factors, including each individual’s specific housing contract completion date and whether all involved individuals were a part of an intentional roommate group upon housing selection. If all involved individuals were a part of an intentional roommate group at selection, the individual whose housing contract was submitted first will be permitted to remain in their current housing placement.

If you are a Metropolitan State University of Denver (MSU Denver) student living in a CU Denver housing facility and are in need of a housing accommodation, including Emotional Support Animals, please contact the MSU Access Center. The MSU Access Center will then coordinate your housing accommodations with CU Denver.