Emotional Support Animal (ESA) Process and Documentation

Muhlenberg College is committed to providing reasonable accommodations and an accessible environment for qualified students with disabilities. The college complies with all applicable provisions of the Americans with Disabilities Act (ADA), as amended, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act (FHA). This policy explains the specific requirements applicable to an individual’s use of an Emotional Support Animal (ESA) in college housing. This policy does not apply to service animals. Muhlenberg College reserves the right to amend this Policy as circumstances require.

Muhlenberg College’s Pet Policy  prohibits students from having animals (except harmless fish) in college housing. However, the college will consider a request by a student with a diagnosed psychiatric and mental health condition for a reasonable accommodation to allow the presence of an ESA. Muhlenberg College will consider such a modification of policy, as mandated by the Fair Housing Act (FHA), in order to assure that the student has equal opportunity to use and benefit from Muhlenberg College’s housing program. 

Students cannot bring animals or ESAs into assigned housing placements without obtaining authorization from College officials. If a student is found to have an animal in residential housing without approval or completion of the ESA process, the student will be in violation of the Code of Conduct and will need to discuss the violation with college officials. The animal will need to be removed immediately by the student. 

Definition of Terms

• Emotional support animal (ESA): An ESA is defined by the college as an animal that provides emotional, cognitive or similar support and thus ameliorates the effects of a mental health disability. Unlike Service Animals that are trained to perform a specific task that are important to the independence or safety of their disabled handler, ESA’s generally are not trained to perform disability-specific tasks. The therapeutic support is a function of their presence and interaction with the person with a disability. ESAs are not pets. The emotional support animal’s sole function is to provide support to improve the emotional well-being of the owner. Therefore, emotional support animals are not entitled to the same benefits as service animals and are not granted access to places of public access, including areas where residents are normally permitted to go (common areas, student lounges, laundry facilities, dining halls).
• Owner/Handler: The student who has requested the accommodation and has received approval for the accommodation in the residential assignment. The owner/handler is the person solely responsible for the care of the animal. 

• Pet: Animal kept for regular use, pleasure, and companionship. A pet is not a service animal or an emotional support animal and, therefore, is not covered by this policy. Based on the Housing and Residential Life policy, students are not permitted to keep pets, other than non-carnivorous fish, in the residence halls. 
• Service animal: Defined by the Americans with Disabilities Act (ADA) as a dog or miniature horse that does work or performs tasks for people with disabilities. Muhlenberg College has a separate policy for service animals. 
• Assignment: The specific housing placement (room) assigned by the Housing and Residential Life staff to the student approved for the ESA accommodation. 

Application Process

The ESA application process consists of  two components. First, the student must have a diagnosed mental health condition that rises to the level of a disability and be determined eligible for accommodations and services. The second part is the consideration and review of the requested ESA accommodation. Approval for a specific animal to serve in that role is a separate step. The student may need to consider an alternative to the requested animal. Generally, ESAs approved to reside in housing are dogs or cats, but the college will consider requests for other commonly domesticated animals which comply with the City of Allentown regulation and college policy. Please note that completion of the application process does not guarantee approval of the proposed ESA. 

Requests are considered on a case-by-case basis by the staff of the Office of Disability Services (ODS) and the members of the Housing Committee. In order for requests to be considered, students must complete all components of the application process outlined below prior to the deadlines. The student must also submit documentation from the treating medical providers that complies with the documentation guidelines (below) established by ODS. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting to have an ESA in residence has a disability-related need for the accommodation that is not obvious or otherwise known. 

Please note some websites sell letters of support, certificates, registrations, and licensing documents for ESAs to anyone who answers certain questions or participates in a short interview and pays a fee. Generally, letters purchased from internet websites for a set price rarely provide the information necessary to support an ESA request.

College officials who are responsible for room assignments, safety, maintenance, and essential personnel will be made aware of the location of approved ESAs. The completion of the disclosure and the request for the ESA accommodation includes consent for ODS staff and Housing Committee to disclose information regarding the request for and presence of the ESA to those individuals and staff who may be impacted by the presence of the animal including, but not limited to, Housing and Residence Life personnel, Plant Operation staff, Campus Safety staff 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 student’s disability. 

Application Deadlines:

The student will need to complete the application components listed below in order for the Housing Committee to review the student’s request. 

The student should complete all components of the application process prior to the deadlines outlined below:

• Current Students
  • October 15th for consideration in the spring semester
  • March 15th for consideration in the fall semester
• Incoming First Year Students
  • June 15th for consideration in the fall semester

The Housing Committee will consider and review past deadline applications for new conditions or extraordinary circumstances. However, the Housing Committee can not guarantee that the accommodation will be allowed for the current semester for past deadline requests. The accommodation may need to begin the following semester or academic year.

Application Steps:

Step 1) Complete the Determination of Eligibility Process with the ODS staff. The eligibility determines if the student has a diagnosed mental health condition that rises to the level of a disability and if reasonable accommodations and services are applicable.

• The student completes the Disclosure Form and the ESA application located on Accommodate (access through BergConnect). 
• The student provides the treating medical provider(s) with the documentation guidelines (link). The student then uploads the letters provided by the treating medical providers into Accommodate.
• The student and an ODS staff member will meet to complete the intake interview. 
• ODS staff will review all information to complete the determination of eligibility and will provide the student with an email letter of eligibility. The letter is also available within the student’s Accommodate file under the letters tab.

Step 2) If the student is eligible for accommodations and services, an additional intake will be scheduled to review the request for the accommodation of the specific ESA indicated on the application in residential placement. The ODS staff member will then present the request for the specific ESA to the Housing Committee for review. The decision will be provided to the student by an email and available in the letters tab within Accommodate.

Step 3) If the ESA accommodation is approved, the student and ODS staff member will meet to review the specific animal as it relates to the policy and responsibilities. 

Consideration for a specific ESA noted on the disclosure application, college staff will consider the following: 

• The space needed for the cage/crate in which the animal will be housed is too large for available assigned housing space 
• The animal’s presence is problematic for another individual living in housing (e.g., because of allergies, fears, etc.) 
• The animal’s presence is disruptive to the housing environment for other residents (e.g., because of noise, odors, etc.) 
• The animal is not housebroken or is unable to live with others in a reasonable manner
• The animal poses health risks from zoonotic diseases or safety concerns regarding containment that cannot be sufficiently mitigated for inclusion in the communal living setting
• The animal’s vaccinations are not up-to-date
• The animal poses or has posed in the past a direct threat to an individual or others such as aggressive behavior towards or injuring an individual or others; or
• The animal causes or has caused excessive damage to housing
beyond reasonable wear and tear.
• The college will not ask the individual with a disability to pay a fee or surcharge for an approved ESA.
• The student will be asked to sign the policy agreement as acknowledgement.
• The Housing Committee will establish a date for the student to bring the ESA into the residential assignment.
• Three weeks prior to the move in date established by the Housing Committee, the student must submit the ESA’s current vaccination records, and provide a picture of the ESA to ODS by uploading it into the Documents tab within Accommodate. The date of the veterinary check up and vaccination records needs to be within a year of the move in date.
• The student must consult the local and state ordinances and laws and comply with any laws pertaining to animal licensing, vaccination, and owner identification outlined by the City of Allentown Animal Control. The college has the right to require documentation of compliance with such ordinances, laws, and/or regulations, which may include vaccination certificate and licensing.

Please note: If the student proposes to bring a different ESA than the one that was approved and indicated during the application process, the student must complete the entire application process again, including providing updated documentation specific to the new proposed ESA.

Step 4) If the ESA accommodation is approved, the current or future roommate(s) will be contacted by ODS and/or HRL staff. 

• Notification that an ESA has been approved as an accommodation for the housing assignment will be shared. The roommate(s) will be provided with a form to complete indicating their acceptance or nonacceptance of an animal in their residential assignment. 
• HRL staff will contact the student to discuss the residential life options based on the approved accommodation and the information collected from the roommate(s).
• Students should be aware that housing options may be limited, as Muhlenberg College balances appropriate accommodations to students with disabilities with needs of other student residents who may have allergies and/or animal fears.  

Application Renewal Process: 

• The student with an approved ESA accommodation will need to complete the Housing Accommodation Request application every year that the student expects to have the ESA in Muhlenberg College campus residential housing. The application will be available on Accommodate with deadlines outlined.  
• The student will need to provide ODS with an updated vaccination record on an annual basis.
• Step 3 and Step 4 outlined above will need to be completed.

Guidelines and Responsibilities

General Guidelines:

• Typically, only one animal will be approved to serve as an ESA for a student. In addition, only one ESA may be allowed per residential assignment. 
• The ESA is an accommodation for the student in the assigned residential placement and is not allowed in other areas of the residential space or in other buildings (academic or non-academic) on campus.
• The ESA is a modification to the college no pets policy and is specific to the student requesting the accommodation. 
• Roommates or friends are not responsible for the care of the ESA and are not considered the handler.
• An ESA is typically a dog or cat. 
• Dogs and cats should at least be 12 months old. 
• The ESA must have basic training and manners established prior to moving into the residential space. 
• Both cats and dogs must be spayed/neutered before being brought into the residential assignment. 
• To the extent possible, the ESA should be unobtrusive to other students within residential living and not cause disruption to the residential experience of other residents.
• The ESA must be housebroken. A cat will use a litter box, and a dog will relieve itself outside while on leash with the owner and not on pads within the residential assignment.
• Alterations to the living environment are not permitted to accommodate the ESA (i.e. removal of furniture, installation of air conditioning, etc.). 
• The college retains the right to designate a particular area for the ESA to relieve itself and/or for the disposal of its waste. The cat litter and dog waste bags must be placed in outside dumpsters.
• The communal bathrooms are not to be used for bathing ESAs or the supplies for the ESA. 
• College Personnel are not responsible for the care of the animal during an emergency situation or if the animal needs to be removed due to violation of any of the guidelines or responsibilities outlined in this policy. 

Student Responsibilities: 

• The student must fully cooperate with college staff with regard to meeting the terms of this Policy and developing procedures for the care of the animal (e.g., cleaning the animal, feeding/watering the animal, designating an outdoor relief area, disposing of feces, etc.).
• The student must be in full control of the ESA at all times.  
• ESAs may not pose a direct threat to the health and safety of persons on the college campus, cause physical damage to property, or fundamentally alter the nature of the college operations. The ESA must be properly housed and restrained or otherwise under the control of the student at all times. No owner shall permit the animal to go loose or run at large. If an animal is found running at large, the animal is subject to capture and confinement and immediate removal from college housing.
• The ESA must be contained within the student’s privately assigned residential room, except to the extent the owner is taking the animal out for natural relief.
• The cost of care, arrangements and responsibilities for the well-being of the animal are the sole responsibility of the student at all times.
• The ESA must be contained in a crate/cage when the owner is not in the room. The college reserves the right to inspect the crate/cage. 
• The student, not Muhlenberg College, is responsible for any damage or injuries to self or others caused by the ESA and must take appropriate precautions to prevent property damage or injury to others. 
• The student is responsible for designating an emergency contact person, who does not live on campus, as the alternative caregiver for the animal in the event the student (handler) becomes ill or an emergency occurs. The emergency contact person should be able to travel to campus within six hours of an emergency to remove the animal. The name and contact information must be kept updated with ODS.
• The student is expected to fulfill the housing obligations for the remainder of the housing contract in the event that the ESA is removed from the premises.
• The ESA is specific to the residential assignment on campus and the student is not permitted to bring the ESA on college trips, events or activities off campus.

Care and Health of the ESA:

• The student is required to ensure the animal is well cared for at all times. Any suspected or observed issues related to animal abuse or neglect will be reported to the proper authorities and may subject the student to Muhlenberg College disciplinary action. Any evidence of mistreatment or abuse may result in immediate removal of the ESA.
• The ESA may not be left overnight in the college housing to be cared for by any individual or college personnel other than the owner. If the owner is to be absent from the residential assignment overnight or longer, the animal must be removed from campus to the emergency contact person indicated on the application. 
• The ESA must be maintained and in good health, kept clean, free from fleas or ticks, and free of illness.
• The student may be charged for any damage caused by the ESA beyond reasonable wear and tear to the same extent that it charges other individuals for damages beyond reasonable wear and tear. 
• The student’s living accommodations may also be inspected for fleas, ticks or other pests, if necessary, as part of the college’s standard or routine inspections. 
  • If fleas, ticks or other pests are detected through inspection, the residence will be treated using approved fumigation methods by a college-approved pest control service and the animal will need to be immediately removed from the residence. 
  • The student will be billed for the expense of any pest treatment above and beyond standard pest management in the residence halls. 
  • The college shall have the right to bill the student’s account for unmet obligations under this provision. 

Violation of the Policy and Removal of the ESA

The college retains the right to remove the animal, at the owner’s expense, should the animal become a direct threat to the health and safety of others, create a disruption to the residential experience of others or if a violation of the responsibilities occurs. 

In addition, if a violation of the Pennsylvania state law of misrepresentation of entitlement or misrepresentation of an animal as an assistance animal is brought to the attention of college staff, the college staff will ask for removal of the animal while completing further discussion with the college representatives and legal counsel for a course of action. 

The college will base such determinations of removal upon the consideration of the behavior of the particular animal at issue, and not on speculation or fear about the harm or damages an animal may cause. Any removal of the animal will be done in consultation with ODS, the Dean of Students, and Housing and Residence Life staff.  

The student is expected to fulfill the housing obligations for the remainder of the housing contract in the event that the ESA is removed from the premises.

Appeal Process

If you wish to appeal a non-approval decision completed by the Housing Committee, you may appeal on one of the following grounds:

1) You have received new or additional documentation since your initial application.

2) There is an additional extraordinary experience or circumstance that was not considered by the Housing Committee,

3) Belief that a procedural error or specific bias within the committee process occurred.

The student will need to email [email protected] to request the start of the appeal process and include the rationale for the appeal. ODS staff will evaluate the appeal and consult with the Dean of Students. If the ESA is excluded from College Housing, the animal must remain off campus during any appeals process. Students can also review the Grievance Procedure available on the ODS website and on BergConnect. 

Last revised 7/1/2026