Must Know Illinois ESA Laws

Illinois does not set a limit on ESAs, but landlords can deny multiple animals if they cause property damage, safety risks, or hardship. Each ESA must be necessary for the person's well-being.

A licensed mental health professional must write an ESA letter. It should confirm the person has a disability and explain how the ESA helps. The letter must be on official letterhead with the provider’s license number and signature.

If a landlord refuses an ESA, the tenant can:

• Provide a valid ESA letter from a licensed professional.
• Ask for a written reason for denial.
• File a complaint with HUD if refusal is unfair.
• Seek legal help if necessary.

The Fair Housing Act (FHA) protects ESA owners, but landlords can deny ESAs for valid reasons like safety risks or property damage.

A landlord in Illinois can legally reject an ESA only under specific circumstances:

• Undue Hardship: If accommodating the ESA imposes significant financial or administrative challenges on the landlord.
• Direct Threat: If the animal poses a direct threat to the safety or health of others that cannot be mitigated.
• Property Damage: If the ESA causes significant damage to the property beyond normal wear and tear, the landlord can refuse accommodation.
• No ESA Documentation: If the tenant fails to provide valid documentation, such as a letter from a licensed healthcare professional, the landlord can deny the ESA.

These conditions must be clearly proven by the landlord to legally reject an ESA.

In Illinois, condo associations generally cannot deny an ESA unless certain exceptions apply:

• Undue Burden: If the ESA imposes an undue financial or operational burden on the association, they may be allowed to refuse.
• Health or Safety Risks: If the ESA presents a health or safety risk to other residents, the condo association may deny it.
• Violation of Rules: If the ESA does not meet the criteria set out by the Fair Housing Act or other applicable regulations, a denial may be justified.

As with landlords, condo associations must provide valid reasoning based on these exceptions to deny an ESA.

Yes, ESA letters can expire in Illinois. Typically, ESA letters from licensed mental health professionals are valid for 1 year. After this period, tenants or ESA owners must provide updated letters to continue receiving accommodations.

To ensure that an ESA letter is valid in Illinois, it’s important to check the credentials of the mental health professional:

• Licensing Verification: Verify that the professional is licensed by the appropriate state or national boards (e.g., LCSW, psychologist, psychiatrist).
• Specialization: The mental health professional must be qualified to diagnose and treat the mental health condition related to the need for an ESA.
• Authenticity of Documentation: A legitimate ESA letter should be on the professional’s letterhead and include contact information, license details, and a statement that the animal is needed for the individual’s mental health condition.
• No Online Certification: Be cautious of websites offering "instant" ESA letters as it can be someone posing as a licensed mental health professional.

Verifying these details will help ensure that the ESA letter is legitimate and complies with Illinois law.

ESAs assist individuals with mental health conditions by providing companionship and comfort. They help reduce symptoms of anxiety, depression, post traumatic stress disorder (PTSD, and other emotional challenges.