Animals 101: Emotional Support Animals and Fair Housing FAQ
If you have a disability and have an emotional support animal, it's important to know your rights. Here are key points to consider:
Requesting Accommodation for Emotional Support Animals (ESA):
Illinois law says that emotional support animals are "assistance animals." They have some of the same rights as service animals.
- No Pets Policy: If the property has a "no pets" policy, you can still request accommodation for your ESA. The housing provider must make a reasonable exception for applicants with disabilities.
- Restricted Breeds: Even if your ESA's breed is on a restricted list, you can seek accommodation. The landlord can't do a blanket denial. Instead, they need to decide after an individualized assessment of the specific animal's behavior.
- Animal Type: ESAs are not only dogs. Cats and other animals providing emotional support are acceptable assistance animals. They need to be reasonable and related to a disability.
- Allergies: If the landlord says no because of their own allergies or another tenant's, they show proof that the ESA is a "direct threat of harm." They need to look at your specific animal and decide based on real evidence of harm.
- Pet Rules and Fees: A landlord may have a rule that the animal is housebroken. They can't charge any fees for the ESA, including pet deposits, pet rent, or extra pet fees. But, if the ESA causes damage, the landlord can charge the tenant for the cost of damage or make them clean up.
- ESA Certificates: ESA certificates are not required by law. So, ESA certificates from websites may not be reliable enough. Instead, it's better to have a note from a doctor who knows about the person's disability.
For more information about how to ask for a reasonable accommodation, click here.
Landlords, under the Fair Housing Act (FHA), can ask two questions:
- Does the person have a disability that substantially limits major life activities?
- Does the person have a disability-related need for an assistance animal?
Approval: If the answers to both questions are yes, the FHA requires approval.
Denial: But, the landlord can still deny the request if the person doesn't have a disability or a disability-related need. If the landlord is unsure if someone has a disability or disability-related need, they should ask for more info instead of denying.
To read more about what steps the landlord should take to evaluation a request, click here.
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.