Service Animals and Emotional Support Animals: Illinois Renters’ Rights

Renters in Illinois often have questions about their rights regarding service animals and emotional support animals (ESAs). Understanding the legal differences and how they apply to your rental situation is crucial. This guide explains your rights under Illinois and federal law, how to request accommodations, and how to handle disagreements with your landlord.

Service Animals vs. Emotional Support Animals: What’s the Difference?

While both service animals and ESAs can be important for renters with disabilities, they are recognized differently under Illinois and federal law:

• Service Animals are specifically trained to perform tasks for people with physical, psychiatric, intellectual, or sensory disabilities (for example, guiding someone who is blind or alerting someone with epilepsy before a seizure).
• Emotional Support Animals offer comfort and emotional support but are not required to have specific training for a task.

The Americans with Disabilities Act (ADA) protects the right to have a service animal in most housing situations, while the Fair Housing Act (FHA) covers both service animals and ESAs, ensuring that landlords offer reasonable accommodations.^[1][2]

Illinois Tenant Rights: Key Protections

If you are a renter with a disability, Illinois and U.S. laws generally support your right to live with your service animal or ESA, even if the property has a "no pets" policy or pet fees.

• Landlords must offer reasonable accommodations unless granting the request would cause undue hardship or threaten property safety.
• If your animal poses a direct threat, is out of control, or causes substantial property damage, a landlord may deny the accommodation.
• No pet deposits or rent surcharges may be charged for a service animal or ESA.
• Landlords may only ask for documentation when the disability or need for the animal is not obvious.

You are protected by Illinois’ Human Rights Act and the Illinois Residential Tenants’ Right to Repair Act as well as federal laws. For disputes, contact the Illinois Human Rights Commission.

Official Forms: How to Request an Accommodation

• Reasonable Accommodation Request Form (HUD Form 903.1)
  When to Use: Use this form to formally ask your landlord to allow your service animal or ESA as a reasonable accommodation.
  Where to Get It: Download HUD Form 903.1 (PDF, from the US Department of Housing and Urban Development).
  Example: Maria, who has an emotional support cat for her diagnosed depression, fills out and submits this form to her landlord to request an exception to the "no pets" policy.

The Process: Steps If Your Landlord Says “No”

If your landlord denies your reasonable accommodation request, you can file a complaint with either:

• Illinois Human Rights Commission
• U.S. Department of Housing and Urban Development (HUD)

Both organizations investigate claims and may order your landlord to make accommodations if they find discrimination.

Documentation Requirements

Your landlord can request reasonable documentation when the need for a service animal or ESA is not obvious. For a service animal, documentation is usually minimal (sometimes just a verbal statement). For an ESA, a letter from a licensed healthcare provider is common.

• The documentation only needs to state that you have a disability and need the animal for support or service. It does not need to reveal the specifics of your condition.
• Landlords cannot require medical records or overly detailed information.

If You Have Disputes With Your Landlord

If you think your rights have been violated, submit a written complaint or use the HUD Reasonable Accommodation Request Form. If issues persist, file a complaint with the relevant agency. Always keep copies of all documentation and communication.

Which Tribunal Handles Rental Disputes in Illinois?

Rental disputes relating to disability accommodations are overseen by the Illinois Human Rights Commission under the Illinois Human Rights Act and, federally, by HUD’s Office of Fair Housing and Equal Opportunity.^[3][4]

FAQs on Service Animals and ESAs in Illinois

1. Can my landlord deny my request for a service animal or ESA?
   Landlords can only deny service animals or ESAs if the animal is dangerous, causes significant damage, or poses an undue burden. Otherwise, you are protected by law.
2. Can a landlord charge pet fees for a service animal or emotional support animal?
   No, landlords cannot charge extra fees or deposits for service animals or ESAs in Illinois.
3. What documentation do I need to provide for my service animal?
   If your need is not apparent, landlords can request a note from your licensed provider, but they cannot ask for detailed medical records.
4. How do I file a complaint if my landlord refuses my animal?
   Complete the Reasonable Accommodation Request Form (HUD Form 903.1) and submit it to HUD or the Illinois Human Rights Commission.
5. Does the Fair Housing Act apply to all rental units in Illinois?
   Most rental housing is covered, except for owner-occupied buildings with four or fewer units and certain religious or private clubs.

Key Takeaways for Illinois Renters

• Illinois and federal laws protect your right to live with a service animal or ESA in most cases.
• Your landlord cannot charge extra fees or deny reasonable accommodations without cause.
• Use official forms, maintain good documentation, and contact the appropriate tribunal if your request is denied.

Need Help? Resources for Renters

• Illinois Human Rights Commission: File a Complaint or Seek Assistance
• U.S. Department of Housing and Urban Development Fair Housing Information
• Illinois Fair Housing Resources
• Illinois Department of Human Rights – General housing discrimination assistance

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1. Americans with Disabilities Act (ADA) – Service Animals
2. U.S. Department of Housing and Urban Development – Assistance Animals
3. Illinois Human Rights Act
4. Illinois Human Rights Commission

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