There are thousands of emotional support animals (ESAs) in Illinois that assist individuals struggling with the symptoms of a psychiatric disability. While they don’t actively perform service tasks like service animals do, these animals nonetheless play an important role in their handlers symptom management plan.
That said, because they are not classed as ‘service animals’ they don’t have all the same legal protections. Where a visual assistance dog will have broad public access rights, an ESA does not. Don’t worry, they do have certain protections under state and federal law, and that’s what we’re here to talk about today.
In this article, we will cover all the laws regarding an emotional support animal Illinois owners need to know about. Read on to learn what it is like to have an emotional support animal in Illinois.
Laws Affecting Emotional Support Animal Illinois Owners Should Know
The federal laws governing ESA rights apply to emotional support animals in Illinois, just like they do in any other state. These laws clearly outline what rights emotional support animals have in different aspects of life. Here’s an overview of the federal laws every current and future emotional support animal owner in Illinois needs to know.
The Fair Housing Act
The Fair Housing Act (FHA) is the most important federal law that affects Illinois emotional support animal owners. It requires landlords to consider emotional support animals as a reasonable accommodation as part of a disability. This means that pet policies and restrictions don’t apply to emotional support animals; landlords generally must accept them as the owner requires them due to a disability.
Landlords also cannot charge pet fees, deposits, rents, or any other extra charges for emotional support animals. However, to receive these protections, the owner must have a valid ESA letter written by a mental health professional licensed in Illinois.
The Air Carrier Access Act
Let’s also briefly bring up the Air Carrier Access Act (ACAA), which covered ESAs in the past. This federal law once allowed emotional support animals to fly in the passenger cabin without meeting airline pet travel requirements and paying extra fees.
According to this ESA laws guide, the Department of Transportation updated the Air Carrier Access Act at the end of 2020, stripping ESAs of their exempt status. Since this date, emotional support animals have been treated the same as pets on commercial flights. Therefore, for flights going in and out of Illinois, you must comply with the pet travel requirements of the airline you’re flying with.
Emotional Support Animal Illinois: Service Animals vs ESAs
Illinois follows the same guidelines as the Americans with Disabilities Act (ADA) without giving emotional support animals any additional rights. Therefore, emotional support animals, while treated as assistance animals in housing situations, must follow the same rules as pets in public places. This means that an emotional support dog, cat, or any other ESA must follow the pet policies of businesses that serve the general public.
In line with the Americans with Disabilities Act, Illinois also doesn’t require service animals to have additional documentation, whereas an ESA letter from a licensed mental health professional is a must for emotional support animals.
If you find yourself in need of a service animal, all you need is a dog that’s trained to perform a task related to your disability. You can work with a professional dog trainer or an organization to buy an already trained dog or have your dog trained. As an alternative, Illinois residents also have the option to train their own service dogs, which is entirely legal according to the ADA.
Getting an ESA Letter in Illinois
To get an ESA letter in Illinois, you must work with a licensed mental health professional to have your symptoms evaluated. However, you must specifically consult a mental health professional licensed to practice in Illinois, which you can check with the Illinois Department of Financial and Professional Regulation.
Once diagnosed, you can speak about the possibility of ESAs as a treatment option. If your provider decides that an emotional support animal would be beneficial for you, they will issue you an ESA letter that confirms your disability and the need for an ESA. You can then use this document to exercise your rights, such as requesting accommodation in housing situations.