Illinois Assistance Animal Integrity Act: Emotional Support Animals and Service Animals
The Assistance Animal Integrity Act (310 ILCS 120/) is a law in Illinois that helps people with disabilities who need assistance animals. Assistance animals can be emotional support or service animals. They are reasonable accommodations under the federal Fair Housing Act or the Illinois Human Rights Act.
Important Definitions:
- Assistance animal: This is an animal that supports a person with a physical or mental impairment that counts as a disability.
- Housing provider: This can be an owner, property management company, government entity, condominium board association, or cooperative.
- Reasonable accommodation: This means making a change or exception to a rule.
- Therapeutic relationship: Someone who knows why a person needs the animal. They need to gives medical or personal care to the tenant.
When a Person Needs an Exception to a "No-Pets" Policy:
- Initial Request: They ask the housing provider for a reasonable accommodation.
- Proof: The housing provider can ask for proof when the need for the animal is not obvious. The proof should be:
- In writing
- Made by a person who has a therapeutic relationship with the person, and
- Describe why the person needs the assistance animal for their disability.
- More Info Request: If the first proof isn't enough, the housing provider can ask for more proof.
What Can the Housing Provider Do?
- CAN: Request more documentation.
- CAN: Charge for repairs caused by the animal beyond normal wear and tear.
- CAN: Deny the reasonable accommodation in two situations.
- If it's a big financial problem or changes how they operate; OR
- If they have good proof that the assistance animal is a danger to others, causes serious damage to the property, or behaves uncontrollably repeatedly.
- CAN NOT: Ask for a specific diagnosis of the disability or disability-related need.
- CAN NOT: Charge a pet-related deposit, pet fee, pet assessment, or special liability insurance.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.