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 rely on assistance animals for support. Assistance animals can be emotional support or service animals and must be considered a reasonable accommodation under the federal Fair Housing Act or the Illinois Human Rights Act.
Important Definitions:
  • Assistance animal: animal that offers support to a person with a physical or mental impairment that qualifies as a disability
  • Housing provider: any owner, property management company, government entity, condominium board association, cooperative
  • Reasonable accommodation: a change or exception to a rule
  • Therapeutic relationship: Someone who knows why a person needs an assistance animal and gives medical or personal care

When a Person Needs an Exception to a No-Pets Policy

  1. Initial Request: They ask the housing provider for a reasonable accommodation.
  2. Documentation Request: The housing provider can ask for proof when the need for the animal is not apparent. Documentation should:
    1. Be in writing
    2. Be made by a person who has a therapeutic relationship with the individual
    3. Describe the individual's disability-related need for the assistance animal
  3. Additional Documentation: If the documentation provided doesn't satisfy the three requirements above, the housing provider may ask for more supporting documentation.

What Can the Housing Provider Do?

  1. CAN: Request additional documentation.
  2. CAN: Charge for repairs caused by the animal beyond reasonable wear and tear.
  3. CAN: Deny the reasonable accommodation in two circumstances.
    1. The accommodation is a big financial problem or changes how they operate; OR
    2. They have good proof that the assistance animal is a danger to others, causes substantial physical damage to the property; or has a pattern of uncontrolled behavior.
  4. CAN NOT: Ask for a specific diagnosis of the disability or disability-related need.
  5. CAN NOT: Charge a pet-related deposit, pet fee, pet assessment, or special liability insurance or coverage for the assistance animal.
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.
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