The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - 153

The Evolution of Disability Law

POST-SCRIPT
** As we were going to press with this special
edition, the United States District Court for
the District of Nebraska ruled, in part, against
UNK with regard to the Fair Housing Act.
Readers are reminded, however, that the Hamilton case is still yet to be heard and that the
current ruling pertains strictly to the applicability of the Fair Housing Act.
On April 19, 2013, in a ruling that may
eventually impact all campus housing, the
court determined that Hamilton’s residence
meets the definition of a “dwelling” under
the Fair Housing Act (Babbitt & Wetmore,
2013). Scott Moore, counsel for UNK, argued
on several fronts that campus housing should
not be obligated to the FHA. Moore asserted
that campus housing is temporary, likening it
more to a hotel, which is not covered under the
FHA; similarly, Moore argued that the primary
purpose of campus housing is educational
rather than providing a place of residence.
Moore also compared campus housing to a
jail, which is not covered under the FHA. In
doing so, Moore asserted that campus housing
is mandatory for some students, that students
are assigned roommates, and that these same
students are governed by university rules
and regulations, none of which parallels the
conditions of traditional housing (Babbitt &
Wetmore, 2013; Pilger, 2013). The Federal court
rejected each of Moore’s arguments and noted
that HUD “uses the term ‘dormitory room’ as
an example of a ‘dwelling’ in the FHA implementing regulations” (Babbitt & Wetmore,
2013, para. 7).

the ruling is said to leave “very little doubt that
the court would also apply the FHA to more
traditional dormitories” (Babbitt & Wetmore,
2013, para. 8). The Court’s ruling is the first to
formally apply the FHA to higher education.
Absent an appeal, further rulings, or new legislation, colleges and universities should consult
with their respective legal advisors as this decision sends a clear signal that (1) the FHA does
indeed apply to campus housing, and (2) colleges and universities must therefore factor
associated FHA regulations into their campus
housing policies and protocols.

Though Hamilton’s university-owned and
operated residence is “apartment style housing
a mile from campus” (Pilger, 2013, para. 4),
V o l u m e 4 0 , No. 1 • 2 0 1 3

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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
Volume 39, No. 2 Table of Contents
Letter from the Editor
Factors That Play a Role in First-Year Students’ On-Campus Housing Decisions
Influence of Academically Based Living-Learning Communities on Men’s Awareness of and Appreciation for Diversity
Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
Counselor, Teacher, Role Model, Cop: Understanding RA Satisfaction Through the Use of Metaphor
Living and Learning in College
The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
The Journal of College and University Student Housing Volume 40, No. 1 – Addressing the Needs of Residential City University, Students with Disabilities Theme Issue
Volume 40, No. 1 Table of Contents
Introduction - Addressing the Needs of Residential Students with Disabilities
Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
Supporting Students with Severe Physical Disabilities: The Illinois Model
College Students with Intellectual Disabilities: How Are They Faring?
A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Living and Learning in College
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Volume 40, No. 1 Table of Contents
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Introduction - Addressing the Needs of Residential Students with Disabilities
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Supporting Students with Severe Physical Disabilities: The Illinois Model
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - College Students with Intellectual Disabilities: How Are They Faring?
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
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