A federal judge has ruled that university-owned housing is subject to the Fair Housing Act in the case of a University of Nebraska at Kearney student whose therapy dog wasn’t allowed to live with her.

That U.S. District Judge John M. Gerrard ruled earlier this week in favor of former UNK student Brittany Hamilton.

The lawsuit was filed by the U.S. Justice Department, which said the university unlawfully denied Hamilton the chance to keep a 4-pound miniature pinscher named Butch in her university-owned apartment to cope with depression and anxiety.

The university had argued that it’s not subject to the federal housing law, because it serves only as a temporary home for students and should not be considered a dwelling.