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Emotional Support Animal Illinois: ESA Laws In Illinois 2024
Updated on
- Written by Nyasha Stevens, BS
Medically reviewed by
Dr. Maya Frankfurt, PhD
If you are an Illinois resident grappling with mental health issues, an emotional support animal (ESA) could be a game changer. ESAs provide solace, companionship, and comfort, helping to alleviate symptoms of various mental disorders. Knowing how to legally obtain and maintain an ESA in Illinois is important, as the process can seem complicated. This guide will demystify the emotional support animal laws in Illinois and walk you through the process of getting a legitimate ESA.
Emotional Support Animal Illinois: The Laws
In Illinois, ESAs are recognized and protected under federal laws such as the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA). These laws prevent discrimination against ESA owners, allowing the animals in housing units and on flights. However, unlike service animals, ESAs are not covered under the Illinois Human Rights Act or Americans with Disabilities Act.
Emotional Support Animal Laws In Illinois
Illinois’s legal protections for emotional support animals primarily revolve around housing, employment, and air travel.
ESA Laws For Employment In Illinois
While the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for individuals with disabilities, it applies primarily to service animals rather than ESAs. The Illinois Human Rights Act does extend some of these protections to ESAs, ensuring equal opportunity in employment.[1] However, individual circumstances determine whether an employer must accommodate an employee’s ESA in the workplace.
ESA Housing Laws In Illinois
The Fair Housing Act (FHA) mandates housing providers[2] in Illinois to accommodate emotional support animals, even in locations with “no pets” policies. This law applies to both rentals and sales of housing. A landlord must provide a reasonable accommodation for an ESA unless it causes undue financial or administrative burden. Landlords also can’t tell you how many emotional support animals you can have.
Air Travel With Emotional Support Animals In Illinois
Under the Air Carrier Access Act (ACAA), passengers with mental health conditions or emotional disabilities can fly in the cabin with their ESAs. However, each airline may have specific rules[3] or requirements, such as advanced notice or documentation from a licensed mental health professional.
Emotional Support Animal (ESA): What Is It?
An emotional support animal (ESA) is a pet that provides therapeutic benefits to a person diagnosed with a mental health disorder or emotional condition. Unlike service animals that are specially trained to perform specific tasks for individuals with physical disabilities, ESAs don’t require specific training. Their mere presence can help mitigate negative symptoms associated with mental illnesses, including anxiety, depression, and post-traumatic stress disorder.
An ESA can be any type of domestic animal, but dogs and cats are the most common. Their role is not to perform tasks but to provide emotional stability and reduce feelings of stress, loneliness, and anxiety in their owners. However, the rights of ESAs to accompany their owners in various places are limited compared to service animals.
Emotional Support Animal Or Service Animal?
While both ESAs and service animals are assistance animals for individuals with disabilities, they serve different functions[4] and are governed by different laws. A service animal is a dog (or, in some cases, a miniature horse) that has been individually trained to do work or perform tasks[5] for the benefit of an individual with a physical or mental impairment, including a physical, sensory, psychiatric, intellectual, or other mental disability.
ESAs, on the other hand, are animals that provide emotional support simply through companionship and are not required to perform specific tasks. Hence, they are not afforded the same wide-ranging access to public spaces as service animals. ESAs are primarily protected under the Fair Housing Act[6] and Air Carrier Access Act,[7] which cover housing and air travel.
How To Get An Emotional Support Animal In Illinois
The process is straightforward if you are considering an emotional support animal in Illinois. First, you need to have a diagnosable mental illness or emotional disorder. Conditions such as depression, anxiety, post-traumatic stress disorder, and other mental health conditions can qualify for an ESA.
The second step is to establish a therapeutic relationship with a licensed mental health professional (LMHP). This could be a psychiatrist, psychologist, or therapist licensed in Illinois. If your LMHP determines that you have a disability-related need for an ESA, they can write an ESA letter on your behalf.
This document certifies your need for an emotional support animal and allows you to exercise your rights under laws such as the Fair Housing Act and the Air Carrier Access Act. It is important to remember that only a LMHPcan write a legitimate ESA letter.
Although there is no official registry for ESAs in Illinois, it’s a good idea to maintain up-to-date vet records and ensure your animal is well-behaved, especially in public places.
Emotional Support Animal Letter Illinois: Steps To Get One
Wondering how to get an ESA letter in Illinois? It involves a few key steps.
Speak To A Therapist
The first step is consulting with a licensed mental health professional (LMHP). These professionals include psychiatrists, psychologists, or licensed therapists. They must evaluate your mental health and determine if you have a disability-related need for an ESA. This is a crucial step, as only a therapist or other LMHP can diagnose you with a mental health condition that may qualify you for an ESA. A therapist can also provide ongoing support for managing your condition.
Get Emotional Support Animal Letter
After your LMHP has determined that you qualify for an ESA, they can write you an ESA letter. This letter will state that you have a mental or emotional disability and that your ESA is a necessary part of your treatment.
Verify The Letter’s Legitimacy
Always ensure your ESA letter is legitimate. It should be written on the LMHP’s letterhead, include their license number, type, and date of license, and state that you require the ESA for your disability.Though in-person consultations are usually best, you can obtain an ESA letter through online ESA services.
Check out reviews for services such as Certapet to find the best legitimate ESA service for you. The process is straightforward, but be careful to avoid fraudulent services that may claim to provide a ‘quick’ ESA certification.
Conclusion
Navigating the world of emotional support animals in Illinois may seem complex, but it can be a rewarding journey with the right knowledge. Emotional support animals significantly benefit individuals with various mental health conditions. Recognizing the difference between ESAs and service animals is vital, and understanding the specific laws surrounding them in Illinois is equally important.
Whether it is housing or employment, Illinois law offers protection for those needing the companionship of an emotional support animal. The journey may start with recognizing your need, but it ends with the life-changing companionship of an ESA.
Frequently Asked Questions
The Illinois Human Rights Act provides protection for individuals with emotional support animals, particularly in housing situations. It works in conjunction with the federal Fair Housing Act and Air Carrier Access Act.
Getting an ESA in Illinois involves obtaining a legitimate ESA letter from a licensed mental health professional. This letter confirms that the animal is essential for treating your mental health condition, providing the documentation you need to satisfy the requests of housing providers and airlines.
No. Under the Fair Housing Act and Illinois law, landlords cannot charge pet fees for emotional support animals. Once registered as ESAs, they are not considered pets but necessary aids for a disability.
Condo associations are generally bound by the same laws as landlords,[8] so they typically can’t deny a resident’s assistance animal, whether you are a renter or an owner.
Landlords are obligated under federal and state laws to provide reasonable accommodation[9] for ESAs. They can only deny the ESA if it poses a direct threat to the health or safety of others or if it causes substantial physical damage to the property.
Under the Americans with Disabilities Act (ADA), psychiatric service animals (including dogs) are considered service animals. They are specially trained to perform specific tasks to assist individuals with mental impairments. Therefore, they are given more legal protection than ESAs under Illinois law, including access to public spaces.
Yes! According to federal law and the ADA, miniature horses that have been individually trained to do work or perform tasks for a person with a disability are considered service animals in Illinois.
Obtaining a legitimate ESA letter in Illinois requires consultation with a licensed mental health professional. Services like Certapet can assist in getting a valid ESA letter online. Make sure to rigorously vet any online service that claims to provide legitimate ESA letters.
+ 9 sources
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- Illinois.gov. (2022). Prohibited Discrimination. [online] Available at: https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html.
- Reasonable Accommodations and Modifications: A Guide for Housing Professionals. (n.d.). Available at: https://dhr.illinois.gov/content/dam/soi/en/web/dhr/publications/documents/idhr-reasonable-accommodations-and-modifications-2-0.pdf.
- Service Animal Final Rule FAQs. (n.d.). Available at: https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule%20FAQs.pdf.
- Howell, T.J., Nieforth, L.O., Thomas-Pino, C., Samet, L., S. Agbonika, Cuevas-Pavincich, F., Nina Ekholm Fry, Hill, K., Jegatheesan, B., Kakinuma, M., MacNamara, M., Sanna Mattila-Rautiainen, Perry, A., Christine Yvette Tardif-Williams, Walsh, E.J., Winkle, M., Yamamoto, M., Yerbury, R.M., Vijay P.S. Rawat and Alm, K. (2022). Defining Terms Used for Animals Working in Support Roles for People with Support Needs. [online] 12(15), pp.1975–1975. doi:https://doi.org/10.3390/ani12151975.
- ADA.gov. (2023). ADA Requirements: Service Animals. [online] Available at: https://www.ada.gov/resources/service-animals-2010-requirements/.
- https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf.
- Service Animal Final Rule FAQs. (n.d.). Available at: https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule%20FAQs.pdf.
- Reasonable Accommodations and Modifications: A Guide for Housing Professionals. (n.d.). Available at: https://dhr.illinois.gov/content/dam/soi/en/web/dhr/publications/documents/idhr-reasonable-accommodations-and-modifications-2-0.pdf.
- https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf
Written by:
Nyasha Stevens, BS
Medically reviewed by:
Medically reviewed by:
