Case Summary: United States v. Kent State University (N.D. Ohio)

On September 16, 2015, the court denied the individual defendants’ motion to dismiss in United States v. Kent State University (N.D. Ohio). In this Fair Housing Act pattern or practice/election case, filed on September 16, 2014, and amended on December 12, 2014, the United States alleged that the aggrieved individuals, two former students (a couple), were denied the right to keep their assistance animal in their university apartment. In their motion to dismiss, the individually named University defendants argued that the complaint should be dismissed based on qualified immunity because the law was not clearly established that the Fair Housing Act applied to student housing. The district court squarely rejected this argument, relying on both the clear language of the statute, specifically 42 U.S.C. 3602(b) and (c), as well as HUD’s 1989 regulations, which defined “dwelling” to include dormitory rooms. The United States alleges that the aggrieved individuals, two former students (a couple), were denied the right to keep their assistance animal in their university apartment. In their motion to dismiss, the individually named University defendants argued that the complaint should be dismissed based on qualified immunity because the law was not clearly established that the Fair Housing Act applied to student housing. The district court squarely rejected this argument, relying on both the clear language of the statute, specifically 42 U.S.C. 3602(b) and (c), as well as HUD’s 1989 regulations, which defined “dwelling” to include dormitory rooms.