Emotional Support Animals provide comfort and support to individuals with mental health conditions. They do not have the same access rights as service animals.

October 23, 2025

When stress and anxiety overwhelm us, there’s one source of comfort that can help us through: an emotional support animal (ESA). These furry friends provide emotional and psychological comfort to individuals with mental health conditions. However, it’s crucial to understand that ESAs don’t have the same access rights as service animals under the law. In this post, we will explore ESA laws in Illinois, providing a clear and friendly guide to federal regulations, local laws, housing rights, and how to obtain an ESA letter.

Overview of Federal ESA Laws

At the federal level, ESAs are primarily regulated by the Fair Housing Act (FHA). According to the FHA, individuals with disabilities, including mental health conditions, have the right to live with their emotional support animals in housing that has a “no pets” policy. However, ESAs are not classified as service animals under the Americans with Disabilities Act (ADA), which defines service animals strictly as dogs that are trained to perform specific tasks for people with disabilities.

Key Points of the Fair Housing Act

Definition of Disability: The FHA recognizes a disability as a physical or mental impairment that substantially limits one or more major life activities.

No Pet Policies: The FHA allows individuals with ESAs to request reasonable accommodations to live with their animals, even in properties that prohibit pets.

Documentation: Landlords have the right to request documentation confirming the individual’s need for an ESA, but they cannot require extensive information about the individual’s disability.

Illinois ESA Laws

Illinois follows federal regulations regarding ESAs but adds some specific provisions to further protect the rights of individuals with emotional support animals.

Key Illinois ESA Protections

Housing Rights: In compliance with both federal and state laws, individuals in Illinois have the right to reside with their ESAs in rental housing, provided they present a valid ESA letter.

No Additional Fees: Landlords cannot charge additional fees or deposits for ESAs as opposed to regular pets.

Employment: Unlike service animals, ESAs do not have the same access rights in public places such as restaurants or stores. However, Illinois does make provisions for assistance animals in certain employment scenarios where mental health is significantly impacted.

How to Get an ESA Letter in Illinois

Obtaining a legitimate ESA letter is essential for ensuring your rights as an ESA owner. Here’s a simple step-by-step guide to help you through the process:

Consult a Mental Health Professional: Begin by discussing your mental health with a qualified mental health professional, such as a psychologist, psychiatrist, or licensed therapist. Ensure that they are familiar with ESAs.

Request an ESA Assessment: Ask your mental health professional to evaluate your need for an ESA. If they believe that having an ESA would provide therapeutic benefits to your mental health, they can issue a formal ESA letter.

Ensure the Letter Includes Necessary Information: The ESA letter should be on the professional’s letterhead, clearly state your mental health condition, and confirm that an ESA would be beneficial for you. Validity is critical—preferably, ensure the letter includes your mental health professional’s license number.

Keep Your Letter Updated: Some landlords or housing authorities might request an updated letter annually. Ensure that your mental health professional is aware of this requirement.

Housing Rights for ESA Owners

In Illinois, ESA owners should understand their rights under the Fair Housing Act and state laws to avoid discrimination.

Key Rights for ESA Owners

Right to Request Accommodation: You have the right to request a reasonable accommodation for your ESA in housing situations.

Right to Request No Fees: Landlords cannot charge you any additional fees or deposits for your ESA.

Protection Against Discrimination: If you encounter any discriminatory practices because of your ESA, you can report them to the Illinois Department of Human Rights.

Common Questions About ESA Laws in Illinois

1. Can any animal be an ESA?

While many animals can provide emotional support, federal laws recognize emotional support dogs primarily. The type of animal may depend on the individual’s needs and the recommendations of their mental health professional.

2. What if my landlord asks for my ESA letter?

Your landlord has the right to request this documentation. Make sure to provide a clear and valid ESA letter as necessary.

3. Can my landlord deny my ESA?

A landlord can deny an ESA if they have evidence that it poses a direct threat to health or safety, or if it would cause significant property damage.

4. Are there breed restrictions for ESAs?

While some landlords may have breed restrictions for pets, these do not apply to ESAs under the FHA. However, ESAs should not demonstrate aggressive behavior.

5. Can I take my ESA with me where pets are not allowed?

ESAs do not have the same access rights in public places as service animals. You’ll need to check the specific policies of businesses or facilities regarding ESA access.

Key Information Summary

Emotional Support Animals provide crucial emotional support to individuals suffering from mental health conditions.

ESA laws under the Fair Housing Act and Illinois law recognize the rights of individuals with ESAs.

ESA letters must be obtained from qualified mental health professionals and should be kept updated.

Housing rights afford ESA owners protection from discrimination and fees related to their animals.

Conclusion

Understanding your rights as an Emotional Support Animal owner is vital for ensuring you receive the support you need in times of emotional distress. With the right ESA letter and knowledge of both federal and Illinois-specific laws, you can navigate the housing landscape with confidence. Remember, ESAs are not service animals and do not enjoy the same access in public spaces, but they are essential companions for many struggling with mental health issues.

Call to Action

For a trusted source of ESA certification, documentation, and ESA letters for housing, visit Veripaw.org. Since 2012, Veripaw has been helping individuals secure their rights and provide the necessary support to thrive with their Emotional Support Animals. Don’t wait—take the first step toward emotional well-being today!