For many tenants, an emotional support animal (ESA) can play an important role in maintaining stable housing and supporting mental or emotional health needs. Under federal and state housing laws, tenants with disabilities may have the right to request reasonable accommodations related to emotional support animals, including waiving pet fees or exceptions to certain housing policies. 

Understanding your rights and responsibilities related to emotional support animals can help tenants navigate conversations with landlords and avoid housing disputes. 

An emotional support animal, commonly referred to as an ESA, is a type of companion animal that provides comfort and helps their owners cope with different factors related to emotional or mental health conditions.  

Emotional support animals for people with disabilities are protected under the Fair Housing Act. Individual state laws also grant protections to people with ESAs. Learn more about emotional support animals and their requirements below. 

Emotional Support Animal vs Service Animal: What’s the Difference? 

Emotional support animals and service animals serve different roles. 

 A service animal is trained to perform specific tasks and directly assists their owner with challenges related to a disability. This might include serving as guide dogs for individuals who are blind, hearing dogs for individuals who are deaf or hard of hearing, medical alert dogs, autism service dogs, psychiatric service dogs and others. Because service dogs perform trained tasks, they are generally allowed in public spaces as long as they remain well behaved and under control.  

Emotional support animals provide comfort and emotional support to owners with mental or emotional health conditions but are not required to receive specific training or perform specific tasks. Unlike service animals, ESAs do not have to adhere to any behavioral standards and do not hold any specific certification. Generally, however, ESAs are not allowed in public places.  

How to Qualify for an Emotional Support Animal? 

The Illinois Assistance Animal Integrity Act outlines protections for individuals who need emotional support animals and outlines certain requirements.  

For a pet to qualify as an emotional support animal (ESA), you must obtain a written letter from a licensed professional confirming that you have a mental or emotional health need that requires the assistance of an ESA. The letter must be made in writing by a provider who has established a therapeutic relationship with you and should describe the disability-related need for an emotional support animal.  

Several kinds of licensed professionals can write this type of letter including physicians, mental health professionals, and licensed clinical social workers (LCSW). 

Once you have this documentation, your animal may qualify as an emotional support animal under applicable housing laws. 

What Documents Do You Need for an ESA Accommodation? 

If you are requesting housing accommodations for an emotional support animal, your landlord may ask for certain documentation to verify your need for the ESA. Here are a few key steps:  

1. You should notify your landlord in writing that your animal is an ESA and that you are requesting a reasonable accommodation 

1. The landlord or property management may request documentation from a licensed health care provider that verifies your need for an ESA.  

1. Landlords may also request that you provide documents to ensure that your ESA has received up-to-date vaccinations in compliance with local and state laws.  

Are There Restrictions on What Kind of ESA You Can Have in a Rental? 

No, a landlord or property management cannot restrict the type of animal, breed, or size for an emotional support animal.  

Can a Landlord Charge Me a Pet Fee or Pet Deposit for My Emotional Support Animal? 

No. An ESA is not considered a pet under housing law. Because of this, a landlord cannot charge a pet fee, pet deposit, or pet rent for an emotional support animal.  

If a rental property normally requires pet-related fees or deposits, a tenant with an emotional support animal may request that those charges be waived as a reasonable accommodation. 

What Are Your Responsibilities as a Tenant with an ESA? 

A tenant with an emotional support animal is responsible for taking proper care of their animal. This includes feeding, cleaning up after it, and allowing the animal to use the bathroom.  

The tenant is responsible for making sure the animal does not cause damage to the rental unit. They must also ensure the animal does not pose a threat to the safety of anyone in the building or create excessive noise.  

If there is damage, the tenant may be responsible for the cost of repairs or cleaning.  

Can a Landlord Deny an Emotional Support Animal? 

In most cases, landlords must allow emotional support animals as a reasonable accommodation for tenants with disabilities. However, there are some situations where a landlord may deny the request. 

A landlord may be able to deny an ESA if: 

• The tenant does not provide documentation from a licensed health care provider showing a disability-related need for the animal. 

• The specific animal poses a direct threat to the health or safety of others. 

• The animal would cause significant property damage.  

If you are experiencing housing issues related to your emotional support animal, we recommend speaking to an attorney. .  

Free Legal Housing Help 

North Suburban Legal Aid Clinic (NSLAC) can assist with talking to a landlord about an ESA and with requesting reasonable accommodations such as waiving pet fees, deposits, and pet rent.  If you are in need of housing legal help, please reach out to NSLAC at info@NSLegalAid.org or call 847-737-4042 to schedule a consultation. NSLAC also provides free legal aid in the areas of Domestic Violence and Immigration.