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Illinois Emotional Support Animal (ESA) Laws in 2024
In Illinois, emotional support animal laws you should know about include the Fair Housing Act and the Air Carrier Access Act. These two laws protect individuals with disabilities from discrimination in both housing and travel. As an ESA owner, the Fair Housing Act enables you to live with your vital support animal.
If you are a California resident and have a dog you must establish a relationship of no less than 30 days with the therapist writing the ESA letter.
The law that requires this is the AB 468 law which was passed on January 1, 2022.
This law doesn’t apply to any other type of ESA.
The Bottom Line
What is an emotional support animal? An emotional support animal offers its owner a therapeutic relationship by providing comfort and emotional support to someone struggling with mental health concerns or emotional trauma, such as depression, anxiety, or post-traumatic stress disorder (PTSD).
Are ESAs considered pets in Illinois? ESA owners know that emotional support animals are more than pets. But since ESAs don't need to be individually trained and don't need to carry out practical tasks, they aren't considered service animals. For this reason, ESAs in Illinois are subject to most of the same rules and regulations as pets – except for housing.
How do I get an ESA letter in Illinois? To get an ESA letter in Illinois, you'll need to speak with a licensed mental health professional (in person or over the phone) who will assess your need for an emotional support animal. If they feel that an ESA would be a valuable asset to your mental health, they will write and sign an official ESA letter.
Do housing providers in Illinois have to accept ESAs? Housing providers must provide reasonable accommodation for emotional support animals and their owners as long as they have a valid ESA letter. Landlords can only deny accommodations to ESAs if they threaten the property or other residents.
Ready to get started? Get an official ESA letter for your support animal! The first step in the approval process is to take a brief assessment to tell us about your ESA needs.
Emotional support animals can help people who struggle with mental health by providing a comforting presence in daily life and major life activities. Although ESAs are invaluable to their owners, they are not the same as service animals, as they have not completed the necessary training and do not perform specific work or tasks. While federal law protects the rights of service animals and their owners, the situation is more complicated for ESA owners. If you want to live and travel with your ESA in Illinois, it's a good idea to be familiar with Illinois emotional support animal laws.
If you live in Illinois and struggle with mental or emotional disabilities, you may benefit from the presence of an emotional support animal. We'll discuss everything you need to know about federal and Illinois ESA laws and how to get an official ESA letter for housing.
ESA Laws Illinois
Illinois housing laws allow emotional support animals and service animals in any housing accommodations. The Fair Housing Act (FHA) protects tenants with disabilities from discrimination, including their assistance animals. Landlords and property owners must make reasonable accommodations to enable such animals.
Emotional Support Animal Laws in Illinois
Along with federal laws, emotional support animal laws in Illinois cover where you can and can't go with your ESA, including your home, public transportation, workplace, and other public areas. It's important to note that ESA laws regarding housing in Illinois differ significantly from those relating to traveling with your support animal or bringing it to a public place.
The federal Fair Housing Act sets out Illinois emotional support animal housing regulations. Individuals who rely on assistance animals (including service animals and emotional support animals) are protected from discrimination, and landlords must accommodate support animals and their owners. Landlords cannot deny you a place to live based on a disability.
You will need to give your official emotional support animal letter, which serves as your ESA documentation, to your landlord to prove that your animal is an emotional support animal.
According to federal law, a licensed healthcare professional must write and sign your letter for it to be recognized as an official emotional support animal letter. Your landlord cannot deny you and your emotional support animal housing unless your ESA threatens other residents or the property.
Illinois ESA Laws for Employment
Emotional support animal laws state that your employer cannot discriminate against you because of your need for an assistance animal. However, employers are not required to accommodate emotional support animals. Whether they decide to allow ESAs depends on each employer, as no employment laws specifically discuss ESAs.
You can show your official ESA letter to your supervisor or boss as an ESA owner. They may decide that it's acceptable for you to bring your ESA to work. On the other hand, some employers may refuse your request, and you will need to abide by their decision. Certain employers may request that your emotional support animal is thoroughly trained and well-behaved before you bring them into the workplace.
Illinois ESA Laws for Travel
No federal or state legislation guarantees your right to travel with your ESA. However, some airlines may accommodate emotional support animals on a case-by-case basis. If you choose to travel by air, call ahead and let the airline know you have an emotional support animal you'd like with you on your journey. They might say no, or they could ask for more information about your ESA, including its breed and size, and request a copy of your ESA letter.
It's worth noting that the Air Carrier Access Act protects service animals, including psychiatric service animals, that are trained to perform tasks specifically related to an individual's disability. However, it does not cover emotional support animals or other assistance animals. The airline may view your ESA as an ordinary pet, subject to their standard policies about bringing animals onboard.
In some circumstances, you may be able to bring your ESA on subways, trains, or buses, but you'll need to check with each transit company to find out about their travel rules. Some companies may not allow animals except for service dogs, while others may allow ESAs if they are small enough to go in a pet carrier or sit on your lap.
Illinois ESA Public Access Laws
If you want to bring your emotional support animal to places like restaurants, stores, hotels, or libraries, you will need to check with the owner or manager of each establishment. Although the Americans with Disabilities Act (ADA) and Illinois law protect service animals, there are no laws that guarantee emotional support animals access to these establishments.
However, plenty of places will accommodate you if you call ahead and check on their rules for emotional support animals. These establishments may ask to see an official ESA letter and will likely expect your ESA to be well trained and under your control.
Your emotional support animal is essential for your mental health, so it's a good idea to bring a copy of your official letter when you leave home with your ESA. This will give you the best chance of your ESA being admitted to the places you want to go.
How to Get a Legitimate ESA Letter in Illinois
If you already own an emotional support animal and want to make it official, you can follow a few easy steps to get an ESA letter. Here is the step-by-step process you'll need to complete to get your letter.
1. Complete Our Assessment
The first step towards getting an official Illinois ESA letter with Pettable is to take our brief online assessment. This brief online will both help us assess your specific needs but also pre-qualify your eligibility for an ESA letter. However, to officially qualify you will need to speak with a licensed mental health professional.
2. Consult With a LMHP
At the end of the online assessment, you will be able to book a phone consultation with a licensed mental health professional (LMHP) at a time of your choice, and prepay for your ESA letter. The LMHP will issue an official Illinois ESA letter if you qualify, and if you don't, we will offer you a full refund, it's entirely risk-free!
3. Use Your ESA Letter
To take advantage of the rights offered to you by an ESA letter, you'll need to show it to your landlord. They are required to accept the letter and allow your pet to stay with you, exempt from fees, except under rare extenuating circumstances. If for whatever reason your landlord denies your Pettable ESA letter, let our support team know and we will offer you a full refund.
If your ESA Letter is not approved, we will refund 100% of your payment.
Do You Need to Register Your Emotional Support Animal in Illinois?
No, ESA registration is not required in the state of Illinois, or any state for that matter. it's commonly believed that emotional support animals need to be "registered" or "certified" but this is completely false, only an ESA letter is required by law. Make sure to avoid websites with too-good-to-be-true offers for registering your ESA, as they are likely trying to sell you an illegitimate product.
What Is an Emotional Support Animal?
An emotional support animal is an assistance animal that helps a person cope with emotional or mental disabilities, such as depression, anxiety, PTSD, bipolar disorder, or phobias. A support animal doesn't need any specialized training to offer comfort and companionship to its owner. Support animals are protected under the Fair Housing Act and must be accommodated by landlords – as long as you have a valid ESA letter. However, there aren't any laws guaranteeing ESAs the right to enter establishments such as restaurants, cafes, or shopping malls – nor are they automatically allowed on public transportation.
Emotional support animals are usually dogs, but they can also be cats, rabbits, miniature horses, or other animals, as long as their presence provides therapeutic benefits to their owners.
The Difference Between Emotional Support Animals and Service Animals
There are some notable differences between emotional support animals and service animals.
One of the most obvious is that service animals are nearly always dogs. Emotional support animals can be any creature, including dogs, cats, turtles, miniature horses, and other animals.
Another difference between service dogs and emotional support animals is that service dogs require individualized training to perform specific tasks that help people with a physical or mental impairment. In contrast, emotional support animals don't need specialized training to assist their owners.
The Air Carrier Access Act and the Americans with Disabilities Act protect service animals in public places, including commercial air travel. The federal Fair Housing Act covers service animals and emotional support animals, allowing all assistance animals to live with their owners.
Frequently Asked Questions About Illinois ESA Laws
There are many things to remember when you have a support animal. Here are a few frequently asked questions about Illinois ESA laws.
Do I have to tell my landlord I have a support animal in Illinois?
It's best to show your landlord your ESA letter to clarify your situation and your right to live with an emotional support animal. This will also ensure they won't charge extra pet fees or deposits.
Can a landlord deny an emotional support animal in Illinois?
According to Illinois law, landlords and other property owners must make reasonable accommodations for you and your support animal unless your animal directly threatens other tenants or the property.
When do I tell my landlord about my support animal in Illinois?
You can give your landlord your letter before or after signing your lease. It's best to tell your landlord about your ESA (and show them your letter) as soon as possible so they can make the necessary arrangements before you move in.
Can a landlord in Illinois charge a fee for an ESA?
According to Illinois law and federal law, if you have an official letter verifying your need for an ESA, your landlord cannot demand additional rent or charge extra fees or pet deposits.
Can you have more than one ESA in Illinois?
You can have more than one support animal in Illinois. However, in official letters, a mental health professional must attest to your need for multiple emotional support animals.
What restrictions can my landlord place on my emotional support animal in Illinois?
The Fair Housing Act provides ESA owners with certain protections. Your landlord must offer you reasonable accommodation, and they cannot ask you to put any identifying vests, tags, or materials on your animal. However, you should use common sense about the size and breed of your ESA, and your ESA must not cause damage to the property or threaten other residents.
Susana is an avid animal lover and has been around animals her entire life, and has volunteered at several different animal shelters in Southern California. She has a loving family at home that consists of her husband, son, two dogs, and one cat. She enjoys trying new Italian recipes, playing piano, making pottery, and outdoor hiking with her family and dogs in her spare time.
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