The Fair Housing Act (FHA) allows you to live inside housing that’s not typically pet-friendly if you have an emotional support animal and an emotional support letter. Therefore, having one of these letters is a great way to live in a rental property that doesn’t usually allow dogs, cats, fish, and other pets. That said, you’ll need to have a condition that qualifies for an emotional support animal (ESA), an ESA letter, and a companion that doesn’t stir up any trouble.
While the FHA allows you to live somewhere with an ESA, that doesn’t mean landlords have to deal with problems that animals cause. So, when can a landlord legally reject an ESA in Illinois? We answer that question and a lot more in this article.
What Is an Emotional Support Animal?
An emotional support animal (ESA) is a pet that offers comfort to people who struggle with mental health disorders like anxiety, depression, and loneliness. Emotional support animals can be just about any type of animal, but the most common options include cats, dogs, fish, and hamsters.
They’re known as companion animals and have protections under the Fair Housing Act (FHA). While they used to have protections under the Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA), this is no longer the case. Therefore, you can have them in a home that’s not usually pet-friendly, but that doesn’t mean you can take them on a plane or out in public.
Can a Landlord Legally Reject an ESA in Illinois?
Yes, landlords can reject an ESA in Illinois. Even if you have the best ESA letter, that doesn’t matter if your pet is misbehaving, threatening others, or causing other problems for landlords and their other tenants.
That said, landlords can’t legally reject an emotional support animal just because they don’t want one living in their unit due to the Fair Housing Act (FHA). Therefore, as long as you and your ESA aren’t bothering anyone, you shouldn’t have to worry about being rejected or evicted.
When Can a Landlord Legally Reject an ESA in Illinois – Top Reasons
Landlords can’t usually reject an ESA in Illinois, but there are situations where they may be allowed to. In these cases, it tends to be based on the animal’s behavior, but other issues can also result in landlords legally rejecting ESAs. Learn more about these reasons below:
- Destruction of Property: ESAs that damage property can be removed or rejected by landlords.
- Scaring Other Tenants: If the ESA is scaring other tenants or attacking them, the emotional support animal can be removed.
- Disturbing the Peace: ESAs that are being disruptive by barking, meowing, or making.
- No ESA Letter: If you’re unable to produce an ESA letter, landlords can reject your pet.
- Financial Burden: ESAs that cause financial problems for landlords or that may increase housing costs for landlords and other tenants can be rejected.
These are only some examples, and there are even more situations where ESAs can be rejected, like properties with less than four units, so make sure you thoroughly check state laws.
How to Get an ESA Letter in Illinois
The first step in ensuring that your ESA doesn’t get legally rejected by a landlord is to have an ESA letter. Without one, claiming that your pet is an ESA can result in fines, evictions, and other problems. To get an ESA letter in Illinois, you need to have a qualifying mental health problem and a signed letter from a licensed mental health professional.
The best way to go about this process is to use an online service like United States Service Animals (USSA). All you need to do is provide information about yourself, the animal you want to register, and jump on a call with a mental health professional.
Once they determine whether or not you qualify, you can download your emotional support animal letter or wait for it to arrive in the mail. You can also have your therapist, counselor, or any other licensed mental health professional write your ESA letter.
When Can a Landlord Legally Reject an ESA in Illinois – Your Rights
So, when can a landlord legally reject an ESA in Illinois? Overall, the only time this will happen is if your ESA is causing problems. Whether those problems are financial, physical, or even mental (threatening appearance or attitude), doesn’t matter because they’re all grounds for a landlord to legally reject an ESA.
Also, make sure you have an ESA letter from a licensed mental health professional because saying your fish is an emotional support fish just isn’t enough.
