ESAs are allowed in certain forms of public transportation, but policies can vary by provider. It’s advisable to check with the transit authority for their specific regulations.

November 14, 2025

emotional support animals (ESAs) have become increasingly important for individuals seeking emotional support and companionship. While Federal law offers certain protections for ESAs, regulations can vary from state to state and even by specific transit providers. In this blog post, we’ll explore ESAs in Illinois—covering federal laws, state-specific protections, obtaining ESA letters, housing rights, common questions, and more. If you’re considering getting an ESA, or if you already have one, understanding these laws is crucial.

Overview of Federal ESA Laws

The Fair Housing Act (FHA) is a key federal law that grants specific rights to individuals with disabilities. Under the FHA, ESAs are recognized as “reasonable accommodations.” This means that individuals can request the presence of their ESAs in housing situations, even where pets are generally not allowed. The FHA covers:

Housing Providers: Landlords and housing authorities must allow ESAs, provided the individual can demonstrate a disability and a need for the animal.

Documentation Needs: Housing providers can request documentation confirming that the individual has a disability and requires the support of an ESA.

It’s important to note that ESAs do not enjoy the same rights as service animals under the Americans with Disabilities Act (ADA). Service animals, specifically trained to perform tasks for people with disabilities, enjoy broader access in public settings.

Illinois ESA Laws

In Illinois, individuals benefit from additional state protections that complement federal laws. Here are some key aspects:

State-Specific ESA Protections

Illinois Human Rights Act (IHRA): This act expands upon the FHA, ensuring that individuals with mental disabilities are not discriminated against in housing situations. It allows for ESAs to be recognized as necessary aids for mental health.

Public Transportation: In Illinois, transit authorities have the discretion to allow ESAs on public transportation. Policies can differ widely depending on the specific transit authority, so it’s advisable to check with local transport providers.

Air Travel: As of recent updates, ESAs are no longer granted the same access on airlines as they previously were under the Air Carrier Access Act (ACAA). Travelers should consult the specific airline for their regulations.

How to Get an ESA Letter in Illinois

To formally designate an animal as an ESA in Illinois, you will need an ESA letter. Here’s a step-by-step guide:

Consult with a Mental Health Professional:
- Schedule an appointment with a therapist or psychiatrist who can evaluate your mental health and the role that an ESA might play.

Obtain Documentation:
- If the professional believes an ESA would be beneficial, they will provide you with a letter that includes:
  - Your name
  - The mental health professional’s credentials
  - A statement on your mental health condition and the need for an ESA

No Specific Form Required:
- While there’s no government-specific form for ESA letters, it must be on official letterhead of the mental health provider and signed by them.

Keep Your Documentation Handy:
- You may need to present this letter to landlords or other authorities as required.

Housing Rights for ESA Owners

Under the FHA and the IHRA, ESA owners have specific rights concerning housing. These include:

No Pet Fees: Landlords may not charge extra fees or deposits for your ESA.

Right to Request Reasonable Accommodations: If your housing provider has a no-pets policy, you can formally request an exemption for your ESA.

Protection Against Discrimination: You cannot be denied housing on the basis of having an ESA, provided you have the necessary documentation.

Potential for Denial: While generally protected, the request can be denied if it poses a direct threat to the health and safety of others or causes significant property damage.

Common Questions About ESA Laws in Illinois

1. What types of animals can qualify as ESAs?

While dogs and cats are the most common ESAs, other species can qualify if they provide emotional support, depending on the individual’s needs.

2. How often do I need to renew my ESA letter?

There is no set timeframe for card renewal; however, it’s advisable to have annual evaluations or when housing requirements ask for updated documentation.

3. Can airlines deny me boarding if I have an ESA?

Yes, airlines can set their regulations regarding ESAs, especially after recent changes. Always check the airline’s policy before flying.

4. Do I need to register my ESA with any organization?

Registration is not required for ESAs, but obtaining an ESA letter from a licensed mental health professional is crucial.

5. Can I take my ESA to all public places in Illinois?

Unlike service animals, ESAs do not have the same public access rights and can be denied entry into various establishments.

Key Information Summary

Federal Protection: The FHA allows for ESAs in housing situations as a reasonable accommodation for those with disabilities.

Illinois Protections: The IHRA adds further protections and recognizes the need for ESAs in the context of mental health.

ESA Letter: An ESA letter must be obtained from a mental health professional.

Public Transport Variation: Check with local transit authorities for specific ESA policies regarding transportation.

Conclusion

Understanding ESA laws in Illinois is essential for individuals seeking the companionship of an emotional support animal. While federal and state regulations provide various protections, policies can vary by public transportation providers and housing situations. Therefore, doing thorough research and maintaining up-to-date documentation is essential for ESA owners.

Call to Action

If you are considering getting an ESA or need documentation for an existing one, look no further than Veripaw.org. Since 2012, they have been a trusted source for ESA certification, documentation, and ESA letters for housing. Don’t navigate the complexities of the law alone—let Veripaw.org help you ensure your rights as an ESA owner are protected!