ESA Laws

A Complete Rundown on Illinois Emotional Support Animal Laws

Man’s best friend has always been quick to prove their usefulness, loyalty, and intelligence. From hunting to herding, dogs have proven exceptionally effective when it comes to being invaluable assets in the lives of their owners. In recent years, they have become legally recognized as medical assets to those with disabilities, both physical and mental.

Service dogs are now popping up in unforeseen positions such as diabetic alert, psychiatric service for those with PTSD, and physical assistance. Meanwhile, emotional support dogs (ESA) have quietly become more familiar to the public as people seek alternative solutions to their problems.

While the impact of emotional support dogs in people’s lives is well-documented and provably beneficial, they still are not allowed in certain businesses and must follow legal guidelines. For an extensive overview of what rights and restrictions an emotional support animal has, we will be discussing Illinois and its emotional support laws.

What is an Emotional Support Animal?

Several different animal assistance programs are available in the Western world. Emotional support animals (ESAs) are specifically designed to ease the suffering of those who have been diagnosed with a mental illness. An ESA can be any animal that fits the temperament needed to provide regular attention and care to its owner.

However, emotional support animals are not required to be trained for their new position, which can cause issues when the animal is brought into the public. Similarly, some folks do not see emotional support dogs as essential assistants to their owners. Because of this, certain places are legally allowed not to permit emotional support animals.

If you plan on bringing your emotional support animal out, some basic training should be taken care of. A dog seen as threatening, disruptive, or excitable may be restricted from entering public areas that it would otherwise be allowed into.

Those interested in getting animal assistance must get an ESA letter signed by a licensed medical health professional. Before getting an ESA letter, a medical professional must properly diagnose your need for a support animal. Several places (like potential living arrangements) will request an ESA letter prior to moving in.

Perks of Emotional Support Animals

There are countless reasons why an emotional support animal can benefit a person’s daily life, and many of them go beyond having a friend to support you in hard times. An ESA can be a massive asset to people who are struggling to get out of the house, working through a downturn in mental health, dealing with deep, paralyzing phobias, and more.

1. Measurable Decrease in Anxiety

Anxiety is a draining feeling that affects a great many people nowadays. For some, it is a mild yet uncomfortable feeling that bubbles up every once in a while. For others, it has fundamentally altered their life for the worse. If it feels like every solution to cure anxiety is nothing more than a placebo, having a dog around may change your mind.

While this does not apply to every emotional support animal (they come in a wide variety of species), dogs have been proven to decrease anxiety in people. There is no effective, permanent cure for anxiety in 2024. That does not mean you can’t lessen its intensity and work towards a life free from overthinking, poor sleep, and unexplainably shaky hands.

2. Helps with Loneliness and Social Anxiety

Even the most extroverted charmers in our society can feel the pressure of public events on an off day. Social anxiety is universally easy to understand and empathize with, though difficult to improve. Being away from people for extended periods can make folks feel judged, criticized, and unwanted, whether any of the feelings are justified or not.

Emotional support animals allow people to socialize without feeling like the other party is expecting something from the interaction. It offers a chance to move away from feelings of isolation and work towards a more comfortable mindset. Besides, who doesn’t love spending their afternoon with a pet?

3. Dogs Dish Out Dopamine

When you are spending all day racing different thoughts around the perimeter of your head, you are steadily building up a concrete wall of cortisol that is damaging your mental health. Cortisol, a stress hormone, is reduced by spending time with animals, especially with our barking buddies.

Not only that, dogs (along with some other animals) have been proven to create oxytocin in their owners. Maybe you are on the fence about a four-legged fuzzball’s ability to pump you up, but at the very least, they can be a valuable distraction from your problems. Regardless, they beat overthinking about the same daily issue and are far softer.

Difference Between Emotional Support and Service Animals

It is hard for those unfamiliar with animal assistants to know the difference between a service dog, an emotional support animal, and a pet. A service dog is typically a canine (though Illinois does not require a service animal to be a canine) trained to assist their owner with a specific purpose. An emotional support animal is any pet that can be considered a comfort to an owner with a diagnosed mental condition. A pet is just a pet.

When deciding which animal a person may need, it is highly recommended that you look into what each one will require. An emotional service dog will take less time to train, though you will need an ESA letter and a dog with a compatible personality if you want it to excel at the role.

A service dog can offer physical or mental assistance but will need to have training, intelligence, and a calm disposition. While most people think of visual guides when the term service dog comes to mind, these helpful hounds can fill several roles. From preventing panic attacks to aiding folks with PTSD, service dogs also help lessen mental conditions.

Service dogs will have a broader range of access to different businesses, travel accommodations, and employment opportunities. If your condition requires 24/7 attention, it would be wiser to train a dog as a psychiatric service dog, which can apply more focused assistance like licking a hand to prevent and warn of a panic attack.

Illinois Emotional Service Animal Laws

basset hound wearing glasses

While several states do not have any considerations extended to emotional support and service animals, the land of Lincoln is not one of them. Unfortunately, these accommodating laws only apply to service animals (which are not exclusively dogs within the state) and not to those who own an ESA. Due to this article focusing on support animals, we will omit laws that don’t apply.

Several of these laws may seem limiting, though they are for the safety and comfort of the owner and other tenants, passengers, and customers. These limitations do not mean you can’t find alternative travel plans or more dog-friendly businesses. If you find Illinois laws too limiting for your situation, consider service training if your condition applies.

Illinois ESA Travel Laws

In compliance with the Air Carrier Access Act (ACAA), service dogs are legally allowed onto a plane as long as there are only two to a person and they fit in the owner’s foot space. The service dog must also be calm and not disrupt the other passengers and employees on a plane. Should a service dog be disruptive, they are allowed to be removed.

Most airlines will request a DOT animal transportation form that specifies the dog’s health, typical behavior, and what training they have undergone. The DOT form is allowed to be requested two days in advance by the airline.

Unfortunately, emotional service animals are not given the same privilege. A new rule in 2020 stated that airlines are allowed to classify an ESA as a pet. While no law forbids emotional support animals from flying, nearly all American airlines have stopped allowing them on planes. They can be stowed with other pets, though this is an unfortunate reality for some owners.

If you plan to have your ESA stowed while traveling, it must be kenneled while moving through the airport. If your pet has to relieve itself, ask an employee for an animal relief area, which is required by law in all American airports.

Illinois ESA Housing Laws

Emotional support animals are given considerably more leeway when looking into housing options. Under the Fair Housing Act (FHA), all emotional support animals must be allowed to live with their owner and are not considered pets. Because an ESA is not classified as a pet by Illinois, landlords are not allowed to charge pet fees.

If you are planning to bring your emotional service animal to a new space, you must have your ESA letter ready, as it will almost always be requested. It is an effortless crime to call an animal an ESA to avoid pet fees, and landlords will want to ensure that you aren’t trying to sneak a poodle in under dubious claims.

The following reasons are how a landlord can reject an emotional support animal:

  • Allowing the emotional support animal in can and will cause property damage, such as a very large animal in a confined apartment.
  • Renting out a space with the animal would change the nature of the landlord’s business.
  • The Animal is a considerable threat to other tenants or employees.
  • Giving a space to the animal would cause a detrimental financial loss for the landlord.

These conditions must be fairly severe for a landlord to reject an emotional support animal. The loss of a pet fee or a no pets policy is not a big enough consideration for a landlord to decline an emotional support animal and can not be used as a reason. Conversely, an emotional support Clydesdale on the third floor of a condominium may cause a rejection.

Illinois ESA Workplace Laws

Emotional support animals at your place of work are entirely up to the business owner or your employer. Depending on where you work, some businesses and companies will be more sympathetic to the needs of an ESA owner than others. The rights of assistant animals are covered under the Americans with Disabilities Act (ADA).

If your job allows you to bring your emotional support animal to work, it is often under the condition that you bring your ESA letter. Whether or not the animal will be allowed to accompany you will depend on your line of work. Several jobs may be lenient to people who are calmed by the presence of their ESA, while food service professions may be more hesitant.

Service animals are legally allowed to accompany their owners to work if the owner is otherwise qualified and working in a company with 15 employees or more. The animal must be appropriately trained and proven to improve the employee’s performance without fundamentally disrupting the business.

Considering the remote nature of some jobs, if you cannot get your emotional support animal approved, check to see if your job can be done remotely. While this may be a compromise, it may allow you to work your job at a more productive rate and have a less stressful week.

Illinois ESA Business Laws

Similar to employment guidelines, the Americans with Disabilities Act covers an emotional support animal’s ability to access businesses. The decision of whether or not animals can enter a business or public area is made by the owner or proprietor. Unlike housing, emotional support dogs are considered non-essential in most public places.

Service dogs, however, are given full access to most businesses outside of outlying examples.

The bad news is that some parts of your daily routine may require leaving your ESA at home. The good news is that nowadays, many outdoor options in most metropolitan and rural areas allow people to bring along their pets. Many restaurants now have patio seating, and farmer’s markets are usually exclusively outside.

Finding places that are more lenient on emotional service dogs will help you narrow your options, and doing some research before walking in with your helping hound can be a massive asset. You may be surprised how many places nearby allow you and your fuzzy friend.
pug with mouth open

A Condensed Look at Illinois ESA Laws

Trying to get by with a mental illness is a reality that far too many are forced to face in today’s world. While an emotional support animal will not be a cure-all to anxiety, depression, and other ailments, it is an excellent addition on top of additional treatments. For some issues, such as social anxiety, it can be truly groundbreaking for those suffering.

Unfortunately, they must be stowed on most public travel options and may not be able to enter most businesses or places of employment. Conversely, they are not considered pets in most real estate choices and are allowed to live in places without paying additional pet fees.

There will be some legal setbacks for those hoping they could bring their ESA everywhere, but that doesn’t mean it is not an avenue worth pursuing. We are personally responsible for our own well-being, and we owe it to ourselves to find solutions that benefit our mental health. If an emotional support animal can improve your overall mood, it should be strongly considered.