A. Purpose and Scope

UCI is committed to ensuring that all of its students can fully participate in and enjoy equal access to UCI’s programs and services, including UCI Housing.

1. This Policy:
   1. Explains the specific requirements that apply to an individual’s use of an Emotional Support Animal in UCI Housing;
      1. Emotional Support Animals are a type of assistance animal.
      2. This Policy does not apply to other types of assistance animals including, but not limited to:
         • Service Animals; and
         • Therapy Animals.
   2. Applies solely to Emotional Support Animals that may be necessary in UCI Housing; and
   3. Stipulates that the approval to have Emotional Support Animals in UCI Housing does not extend to other UCI locations (see Sec. 905-40: Policy on Non-Research Animals on Campus).
2. This Policy and the related forms can be provided in alternate formats upon request to the offices listed under Contact above.

B. Definitions

C. UCI Policy

1. Although it is UCI's policy that Owners and other individuals are generally prohibited from having animals of any type in UCI Housing, UCI, after an individualized analysis, may allow Owners to keep Emotional Support Animals in UCI Housing when:
   1. The Owner has a condition that meets California’s legal definition of Disability;
   2. There is a connection between the requested accommodation and the disability-related need; and
   3. The requested accommodation does not result in an Undue Financial and/or Administrative Burden, a Fundamental Alteration, or a Direct Threat.
2. Even if the individual with a Disability establishes necessity for an Emotional Support Animal and it is allowed in UCI housing, an Emotional Support Animal is not permitted in other areas of the campus (e.g. dining facilities, libraries, academic buildings, athletic buildings and facilities, classrooms, labs, individual centers, etc.). Emotional Support Animals are allowed only in the UCI Housing to which the Owner is assigned.
3. A request for an Emotional Support Animal may be denied as unreasonable if the presence of the animal:
   1. Imposes an Undue Financial and/or Administrative Burden on the University;
      1. Does the animal's presence otherwise interfere with another individual’s use and enjoyment of housing?
   2. Results in a Fundamental Alteration of University housing policies;
      1. Is the animal too large for available assigned housing space?
      2. Would the animal make physical modification of the dwelling unit necessary or require UCI Housing to provide services that are not part of its usual services in order to accommodate it?
   3. Poses a Direct Threat;
      1. Does the animal pose, or has it posed in the past, a Direct Threat to the individual or others, such as aggressive behavior toward or injuring the individual or others?
      2. Is the animal housebroken (see endnote 5) or is it unable to live with others in a reasonable manner?
      3. Are the animal’s vaccinations current?
      4. Will the animal cause, or has it caused, excessive damage to housing beyond reasonable wear and tear?
4. If UCI Housing identifies that the Emotional Support Animal will affect another person’s Disability, efforts should be made to find an accommodation that prevents harm to anyone. For example, moving the Owner to another unit where the animal will not affect anyone else’s Disability.
   1. To facilitate this, residents are notified in housing agreement documents about the potential presence of Service Animals or Emotional Support Animals and the need for prior approval of Emotional Support Animals.
5. If the Emotional Support Animal is deemed unreasonable for any of the reasons described above, the Committee and the Owner will engage in the interactive process to agree on an alternative ESA.
6. If UCI grants an Owner’s request to live with an Emotional Support Animal:
   1. The Emotional Support Animal is allowed in UCI housing only as long as it is necessary because of the Owner’s Disability.
   2. The Owner is solely responsible for the custody and care of the Emotional Support Animal and must meet the Owner's Responsibilities below (see Part D.4.), in addition to any other UC or UCI policies not specifically related to Emotional Support Animals.
   3. UCI Housing may establish rules or restrictions on a case by case basis in consultation with the Owner. Rules and restrictions regarding Emotional Support Animals shall be determined, based on factors including, but not limited to:
      • If the animal is house-broken;
      • The amount of noise the animal makes;
      • The size of the animal related to the living space available to the Owner; and
      • The extent to which the animal will negatively affect the disabilities of others.
   4. UCI:
      1. Will not ask for or require an individual with a Disability to pay a fee or surcharge for an approved Emotional Support Animal.
      2. May charge an Owner for any damage caused by the Owner's Emotional Support Animal beyond reasonable wear and tear to the same extent that it charges other individuals for damage beyond reasonable wear and tear.
      3. May inspect the Owner's living accommodations for fleas, ticks or other pests if necessary as part of UCI’s standard or routine inspections. If fleas, ticks or other pests are detected through inspection, the Owner will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. UCI shall have the right to bill the Owner’s account for unmet obligations under this provision.
      4. Has the right to require documentation of compliance with current city, county and state ordinances, laws or regulations pertaining to licensing, vaccination and other requirements for animals. UCI reserves the right to request documentation showing that the animal has been licensed, vaccinated, etc.
      5. Shall not be required to provide care or food for any Emotional Support Animal.
7. Removal of an Emotional Support Animal:
   1. UCI may remove, or require the Owner to remove, the Emotional Support Animal from UCI Housing if:
      1. The animal poses a Direct Threat;
      2. The animal’s presence results in a Fundamental Alteration of a University program;
      3. The Owner does not comply with the Owner’s Responsibilities set forth in Part D.4.; or
      4. The animal or its presence creates an unmanageable disturbance or interference with the University community; or
      5. The animal has caused excessive damage beyond reasonable wear and tear.
   2. UCI Housing will base such individualized determinations upon the consideration of the behavior of the particular animal and Owner on a case-by-case basis, and in consultation with the Owner.
   3. Any removal of the animal may be appealed to the ADA Coordinator or designee.
   4. UCI Housing will give the Owner the opportunity to relocate the Emotional Support Animal within three days to a non-UCI location of the Owner’s choosing. The Owner may not have the option set forth in the preceding sentence if UCI Housing has reason to believe that the Emotional Support Animal is subject to abuse or neglect or poses a Direct Threat.
   5. UCI Housing shall contact Irvine Animal Control or the UCI Police Department to evaluate the Emotional Support Animal when it has reason to believe that an Emotional Support Animal is subject to abuse or neglect or poses a Direct Threat
   6. Should the Emotional Support Animal be removed from the premises for any reason, the Owner still must fulfill the Owner’s housing obligations, financial and otherwise, for the remainder of the housing contract.
8. No Emotional Support Animal may be kept in UCI Housing at any time prior to the Owner receiving approval to do so as a Reasonable Accommodation under this Policy.
9. The individual must provide written consent for UCI to disclose information regarding the request for and presence of the Emotional Support Animal to those individuals who may be impacted by the presence of the animal including, but not limited to, UCI personnel and potential and/or actual roommate(s)/neighbor(s). Such information shall be limited to information related to the animal and shall not include information related to the individual’s Disability.
10. To replace an Emotional Support Animal, the new animal must be necessary because of the Owner’s Disability and the Owner must follow the procedures in this Policy when requesting a different animal.
11. UCI will not retaliate against any person because that individual has requested or received a reasonable accommodation in UCI housing, including a request for an Emotional Support Animal.

D. Responsibilities

1. UCI’s Emotional Support Animal Request Committee (Committee) shall:
   1. Be comprised of UCI’s:
      1. Two co-chairs
         • Executive Director of UCI Housing (or designee);
         • Assistant Director of DSC (or designee); and
      2. Three additional committee members nominated by the co-chairs.
   2. Review all requests for Emotional Support Animals and provide written responses to all requests;
   3. Engage, if necessary, in an interactive process with the Owner and render a final decision within 30 University business days from the submission of a complete reasonable accommodation request; and
   4. Keep records of requests, decisions, and correspondence with Owners (records UCI Housing will maintain).
2. UCI’s Director of Disability Services Center shall:
   
   1. Review all appeals of decisions made by the Committee;
   2. Provide written responses to all appeals, including, if applicable, directing the Committee to engage in an interactive process; and
   3. Render a decision within 10 University business days after receiving the initial appeal.
   4. Keep records of appeals, decisions, and correspondence.
3. UCI's ADA Coordinator shall:
   1. Review all appeals of decisions made by the Director of Disability Services Center;
   2. Provide written responses to all appeals; and
   3. Keep records of appeals, decisions, and correspondence.
4. Owner's Responsibilities
   1. Any Owner seeking to live with an Emotional Support Animal must make a request to UCI Housing as detailed in Part E.1.
   2. If UCI grants an Owner’s request to live with an Emotional Support Animal, the Owner must:
      1. Ensure the Emotional Support Animal is contained within the Owner’s privately assigned individual living accommodations and related common areas (for example, room, suite, apartment, laundry room, etc., as determined in the individualized analysis referenced in Part C. 1.) except to the extent the individual is taking the animal out for natural relief. When an Emotional Support Animal is outside the private individual living accommodations it must be under the Owner's dominion and control, typically in an animal carrier or controlled by a leash or harness.
      2. Ensure the Emotional Support Animal is properly housed and restrained or otherwise under the dominion and control of the Owner at all times. No Owner shall permit the animal to leave their control such as getting loose or running unleashed nor shall an Emotional Support Animal's presence otherwise interfere with another individual’s use and enjoyment of their assigned housing. If an animal is found out of the Owner’s control, the animal is subject to capture and confinement and immediate removal from UCI Housing.
      3. Ensure the Emotional Support Animal is well cared for at all times. Any evidence of mistreatment, abuse, neglect or leaving the Emotional Support Animal unattended for unreasonably long periods of time may result in immediate removal of the Emotional Support Animal and/or discipline for the responsible individual pursuant to UC and UCI policies and procedures.
      4. House the Emotional Support Animal, as appropriate, when the Owner is not present. In some instances, it may be acceptable to leave the Emotional Support Animal alone overnight, so long as the Emotional Support Animal receives the proper care from the Owner and does not cause any Undue Financial and/or Administrative Burdens, Fundamental Alterations, disturbances, nuisances, or Direct Threats.
      5. Not leave an Emotional Support Animal overnight in UCI Housing to be cared for by any individual other than the Owner. An Owner must be with the Emotional Support Animal frequently enough to provide proper care (i.e. regular feeding, sufficient exercise, sufficient opportunities for relief, etc.)
      6. Clean up after and properly dispose of the Emotional Support Animal’s waste in a safe and sanitary manner and, when provided, ensure that the animal uses animal relief areas designated by UCI.
      7. Comply with current city, county and state ordinances, laws and/or regulations pertaining to licensing, vaccination and other requirements for animals. It is the Owner’s responsibility to know and understand these ordinances, laws and regulations.
      8. Comply with all applicable residential policies that are unrelated to the individual’s Disability such as assuring that the animal does not unduly interfere with the routine activities of the residence or cause difficulties for individuals who reside there.
      9. Fully cooperate with UCI personnel with regard to meeting the terms of this Policy and developing procedures for care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
      10. Notify UCI in writing if the Emotional Support Animal is no longer needed or is no longer in residence.

E. Procedures

1. Request an Emotional Support Animal in UCI Housing

   An Owner wishing to request approval of a reasonable accommodation for an Emotional Support Animal for the Owner, or for the Owner’s dependent who lives with the Owner, should complete and submit the following documents to ESAinHousing@uci.edu:

   1. Health Care or Social Services Provider Form In Support of Application for Emotional Support Animal in UCI Housing - a health care or social services provider, attests to the Owner’s need for an Emotional Support Animal (or the same information on the letterhead, and with the signature of, the treating health care provider) signed and dated by the health care provider within the past 12 months; and
   2. Veterinary Health Form (or a letter from a licensed veterinarian that provides the same information requested on the form) signed and dated by the treating licensed veterinarian within the past 12 months, documenting the health, vaccine status, and behavior of the animal.

   
   Owners who require assistance to complete or upload the forms should contact ESAinHousing@uci.edu

2. Emotional Support Animal Request Assessment Process
   1. The Committee will usually meet weekly to review Reasonable Accommodation Requests for Emotional Support Animals and will respond to the requestor within 10 University business days.
   2. The Committee’s review, based on the information and documentation provided in the request will determine whether the:
      1. Owner meets all the requirements specified in Part C.1.a and b; and
      2. Emotional Support Animal meets the requirements described in Part C.1.c and further detailed in Part C.3.
         
         As the committee is reviewing the forms specified in part E.1, they may ask the Owner for clarification. If the Committee requests this information in writing and the Owner does not reply to the inquiry in 10 University business days, the Committee will deny the request.
   3. Emotional Support Animal Requests that are Approved
      
      1. The Owner is promptly notified of the request approval and given instructions for next steps.
      2. The community where the Owner lives is also notified, and a staff member contacts the Owner to schedule a meeting to complete the Owner Responsibilities form and review community rules and expectations.
      3. Before the Owner brings the animal into their housing community, they must meet with Housing staff in the community to:
      • • Review and sign the Owner’s Acknowledgment Form and the ‘UCI Student Housing – Emotional Support Animal Owner’s Responsibilities’ form (or ACC’s lease addendum form when an Owner lives in an ACC property); and
        • provide a photo of the animal.
          
          
          
   4. Emotional Support Animal Requests that do not meet the Requirements
      UCI may deny the requested accommodation if any of the supportive documentation outlined above is missing OR Part C.3 applies.
      
      1. If the Committee denies the accommodation request, the Committee will:
         • Provide the Owner with a written communication stating all of the reasons for the denial;
         • Inform the Owner in writing of UCI’s internal appeal process and how to file complaints with outside agencies listed in Part E.4.; and
         • Offer to schedule a meeting at a mutually convenient time to conduct an interactive process to reach a result that would meet the Owner’s identified disability related need without resulting in an Undue Financial and/or Administrative Burden, result in a Fundamental Alteration, or pose a Direct Threat.
      2. If the interactive process results in an approval for an Emotional Support Animal the Committee will send the Owner a written communication providing confirmation of UCI’s decision and instructions for next steps as outlined in Part E.2.c.
      3.  If the interactive process ends with the Committee denying the request, the Committee will send the Owner a written communication providing:
         • UCI’s decision on the requested accommodation;
         • a detailed explanation of the reasons for a denial; and
         • information about the appeals process.
3. Appeals
   1. Initial appeals of the Committee's decision must be submitted to the Director of DSC (or designee) in writing (to esaappeals@uci.edu) within 10 University business days
   2. The Director of DSC (or designee) will issue a decision and communicate it to the Owner and copy the Committee within 10 University business days after receiving the initial appeal. If the Committee’s initial decision stands, UCI’s ADA Coordinator will also be copied.
   3. If the Owner disagrees with the appeal decision the Owner may appeal to the ADA Coordinator (at ada@uci.edu) no later than five (5) University business days after receiving the Director of DSC's appeal decision.
   4. The ADA Coordinator (or designee) will issue a decision on the appeal within 10 University business days after receiving the appeal. This decision shall be based solely on information in documents created and collected pursuant to the Owner’s request. The ADA Coordinator is the final decision maker.
      • If the Owner introduces new documents or information during the appeal, the ADA Coordinator shall terminate the appeal and send the accommodation request back to the Committee for reconsideration
4. Complaints

   Complaints regarding access to housing may be filed by writing to or calling any of the following: 

   • UCI Office of Equal Opportunity and Diversity (OEOD)
     103 Multipurpose Science and Technology Building
     Irvine, CA 92697-1130
     Phone: (949) 824-5594
     Fax: (949) 824-2112
     Discrimination Hotline: (949) 824-7037
     Email: oeod@uci.edu
     Website: www.oeod.uci.edu
     Zotcode: 1130
   • California Department of Fair Employment and Housing (DFEH)
     Los Angeles District Office
     611 West Sixth Street, Suite 1500
     Los Angeles, CA 90017
     Phone for Housing Discrimination: (800) 233-3212
     Website: www.dfeh.ca.gov
   • U.S. Department of Education
     Office for Civil Rights, San Francisco Office
     Old Federal Building, 09-801050
     50 United Nations Plaza, Room 239
     San Francisco, CA 94102-4102
     Phone: (415) 556-4275
   • U.S. Department of Housing and Urban Development (HUD)
     Phone: (800) 669-9777
     TTY: (800) 927-9275)
     Website: https://www.consumer-action.org/modules/articles/filing_a_housing_discrimination_complaint

F. Endnotes

1. Americans with Disabilities Act (ADA) Regulations, 28 CFR § 35.104.
2. U.S. Fair Housing Act, 42 U.S.C. § 3604, as interpreted by: (1) September 20, 2016, Consent Decree between U.S. Department of Justice and Kent State University (U.S. District Court for the Northern District of Ohio Case No. 5:14-cv-01992-JRA) at Attachment A (Policy on Reasonable Accommodations and Assistance Animals in University Housing); (2) September 4, 2015, Consent Decree between U.S. Department of Justice and University of Nebraska (U.S. District Court for the District of Nebraska Case No. 4:11-cv-03209-JMG-CRZ) at Exhibit A2 (University of Nebraska at Kearney Assistance Animal Policy and Agreement), Section I.A; (3) U.S. Department of Housing and Urban Development, FHEO Notice No. FHEO-2-13-01 (Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs) (April 25, 2013) at page 2; Overlook Mutual Homes, Inc. v. Spencer, 666 F. Supp. 2d 850, 861 (S.D. Oh. 2009). California Fair Employment and Housing Act (FEHA), Cal. Govt. Code §§ 12900 et seq., as interpreted by D.F.E.H. v. The Irvine Co. (Kelly) (OCSC Case No. 30-2014-00752435-CU-CR-CJC) and D.F.E.H. v. The Irvine Co. (Cooper) (OCSC Case No. 30-2015-00798489-CU-CR-CJC), Orange County Superior Court (Combined Settlement Agreement 2015).
3. U.S. Fair Housing Act, 42 U.S.C. § 3604, as interpreted by: (1) September 20, 2016, Consent Decree between U.S. Department of Justice and Kent State University (U.S. District Court for the Northern District of Ohio Case No. 5:14-cv-01992-JRA) at Attachment A (Policy on Reasonable Accommodations and Assistance Animals in University Housing); (2) September 4, 2015, Consent Decree between U.S. Department of Justice and University of Nebraska (U.S. District Court for the District of Nebraska Case No. 4:11-cv-03209-JMG-CRZ) at Exhibit A2 (University of Nebraska at Kearney Assistance Animal Policy and Agreement), Section I.A; (3) U.S. Department of Housing and Urban Development, FHEO Notice No. FHEO-2-13-01 (Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs) (April 25, 2013) at page 2.
4. Americans with Disabilities Act (ADA), 42 U.S.C. § 12102(1); Americans with Disabilities Act (ADA) Regulations, 28 C.F.R. § 35.108; Section 504, U.S. Rehabilitation Act of 1973, 29 U.S.C. § 705; Section 504, U.S. Rehabilitation Act of 1973, Regulations, 34 C.F.R. § 104.3(j); U.S. Fair Housing Act (FHA), 42 U.S.C. § 3601(h) (“handicap”); U.S. Fair Housing Act (FHA) Regulations, 24 C.F.R. § 100.201 (“handicap”); California Fair Employment and Housing Act (FEHA), Cal. Govt. Code § 12926(m); California Fair Employment and Housing Act (FEHA), Cal. Govt. Code § 12926(j).
5. Trained so that, absent illness or accident, the animal controls its waste elimination and eliminates only in an animal relief area outdoors.