The University of Nebraska at Kearney is asking a judge to dismiss a lawsuit that accuses administrators of illegally denying a student's request to keep a dog as a therapy animal in her university apartment.
The Justice Department is suing the university for allegedly violating the U.S. Fair Housing Act. The lawsuit was filed after administrators refused the student's request to keep a 4-pound dog to cope with depression and anxiety.
University attorney Scott Moore argues in court papers that universities aren't landlords, and the federal housing law doesn't apply to them.
Moore says the housing serves only as a temporary home for students. The university also enforces rules not seen in normal leases, including an alcohol ban and a rule that prohibits students from hosting opposite-gender guests overnight.