Navigating Assistance Animal Approval in Illinois: A Simple Guide
The Fair Housing Act and the Illinois Assistance Integrity Act are two important laws that protect tenants with disabilities.
There's a no-pet policy, but you want to live with your service animal or emotional support animal. They are both "assistance animals" under Illinois law. Below are the steps the landlord should take to evaluate a tenant's request.
Baseline: Is it a Service Animal?
- If the disability is clear, and it's a service animal, the request should be approval approved.
- If the disability isn't apparent, the landlord can ask:
- Is the animal required because of a disability?
- What work or tasks has the animal been trained to do?
Steps to Evaluate a Requested Accommodation:
- Has the person requested a reasonable accommodation?
- Yes: Move to the next question (#2).
- No: The housing provider isn't required to grant something that hasn't been requested.
- Does the person have an observable disability or information suggesting a disability?
- Yes: Move to question #4 to check the connection between the disability and the animal.
- No: Continue to the next question (#3).
- Has the person provided information supporting their disability?
- Yes: Continue to the next question (#4).
- No: The landlord doesn't need to say yes unless the tenant gives information later.
- Does the information support that the animal works or helps the disability?
- Yes: Continue to the next question (#5).
- No: The landlord doesn't need to say yes, but should give the tenant a chance to provide more info. Helpful resource is Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.
- Is the animal commonly kept in households?
- Yes: Approve the accommodation.
- No: The housing provider can deny the request. There are some rare exceptions.
Additional Notes:
- Common household animals should be allowed: dogs, cats, fish, turtle, hamster, and small birds.
- Unique animals can considered if there's very strong proof of a disability-related need. A doctor's note is helpful. Unique animals include reptiles (other than turtles), barnyard animals, monkeys, and kangaroos.
- It is good practice is for the landlord to decide promptly, typically within 10 days.
- Reasonable accommodations may be necessary for unique animals in specific situations.
- Example 1: A monkey is trained to perform tasks for a person with paralysis from a spinal cord injury. The monkey can get water from the fridge, unscrew the cap, insert a straw, and hand the bottle to the individual. The monkey can also turn on and off lights and retrieve requested items. There is a disability-related need because a monkey can use its hands but a service dog can't.
- Example 2: Allergies prevent a person from using a dog, so a different animal is trained.
If a landlord goes through these steps and denies the request, check out potential reasons and how to respond.
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.