Interested in understanding Illinois’ laws regarding emotional support animals? This guide offers essential details about your rights and responsibilities. Bookmark this page to stay updated on any alterations or revisions.
ESA Rights Under the Assistance Animal Integrity Act
Emotional support animal owners in Illinois have their rights safeguarded by the Illinois Assistance Animal Integrity Act (310 ILCS 120) as well as federal Fair Housing laws. Governor J.B. Pritzker signed the Assistance Animal Integrity Act into law in 2019.
Here are the key rights granted to ESA owners in Illinois:
- You have the right to reside in housing developments that prohibit pets, such as apartments and condos, without facing discrimination.
- You’re exempt from paying pet-related fees, such as deposits, monthly charges, and application fees.
- Protection against breed and size restrictions
These laws aim to prevent discrimination against individuals with emotional support animals (ESAs) in housing situations in Illinois.
ESA Letter Requirements Under the Assistance Animal Integrity Act (310 ILCS 120/10)
To qualify for an emotional support animal (ESA) in Illinois, you need to acquire an ESA letter from a licensed healthcare professional. This letter confirms that the individual has a qualifying mental or emotional health condition and that their ESA offers essential support.
Under Illinois law, the ESA letter must:
- be in writing;
- be made by a person with whom the individual requesting an accommodation has a therapeutic relationship; and
- describe the individual’s disability-related need for the assistance animal.
Note that the ESA letter does not need to contain a specific diagnosis or medical history.
Related Article: Are Emotional Support Animals Tax Deductible?
Provider Requirements Under the Assistance Animal Integrity Act (310 ILCS 120/5)
Under the Illinois Act, an ESA letter must come from:
- A physician or other medical professional
- A mental health service provider (like a therapist or counselor) or
- A non-medical service agency or reliable third party who is in a position to know about the individual’s disability (like a social worker)
The provider must share a “therapeutic relationship” with the ESA owner, meaning they are involved in providing medical, program, or personal care services and have actual knowledge of the person’s disability. Illinois law specifies that this relationship excludes companies issuing certificates or licenses without a meaningful assessment of disability or assistance animal need.
In essence, purchasing a certificate or license online doesn’t qualify for an ESA in Illinois. You require confirmation from a doctor, licensed mental health professional, or similar. Using an online therapist or doctor is acceptable. If you choose ESA Doctors, you’ll collaborate directly with an independent Illinois licensed healthcare professional specializing in ESA evaluations.
