The condo has a no-pets policy. What about your ESA?

First, what is an ESA?

ESAs are not pets. An ESA is any animal that provides support to a person with a disability. The animal does not need to be trained to perform exact tasks. An ESA can be any animal that provides support, comfort, or aid, to an individual through companionship, unconditional positive regard, and affection. This includes dogs, cats, birds, guinea pigs, and more.

Any animal can be considered an ESA as long as a mental health professional deems the animal necessary and it can be legally owned as a pet.

Is an ESA different than a service animal? 

There are important distinctions between service animals and ESAs, and they are protected by different laws.

A service animal is a specifically trained dog. Under the Americans with Disabilities Act (ADA), a service animal is a dog that is trained to perform a specific task directly related to a disability. Specifically trained miniature horses can also be service animals and must also be permitted where reasonable.

If an HOA has pet restrictions or a no-pets policy, how can I get them to accept my ESA?

As long as the animal is legal to own, you simply need to provide a valid ESA letter. Then, the HOA cannot deny or block you from having your ESA live with you. The HOA is generally obligated to let you and the animal live in the property.

What is a valid ESA letter?

According to the Illinois Assistance Animal Integrity Act, the ESA letter is a letter written by a person with whom you (the individual requesting an accommodation) have a genuine therapeutic relationship. It can (but does not need to) be written by your primary care physician; it can also be written by a psychologist or other professional.

An ESA letter can be signed by a:

• physician or other medical professional,

• mental health service provider,

• non-medical service agency,

• or a reliable third party who is in a position to know about the individual's disability.

What should an ESA letter say?

It should state all of the following:

• that you have a physical or mental impairment which substantially limits one or more major life activities,
• that the person writing the letter believes you need an assistance animal,
• and how your specific support animal will assist/alleviate one or more of yours symptoms.

What is an ESA certificate?

An ESA certificate is not a legal document. Legally, there is no such thing as an ESA certificate or ESA registration. A certificate might be helpful, but an ESA letter is the only legitimate documentation.

Can I have more than one ESA?

Yes. Provided that you have ESA letters for each animal, and each letter meets the requirements.

Can an HOA deny the breed of your ESA?

A housing provider may not deny a request for accommodation solely because of an animal's breed. Decisions are supposed to be made on a case-by-case basis, including an individualized assessment of your animal.

Does my support animal have to be trained or do something specific to be an assistance animal?

No. The animal must assist, support or help a person with a disability, but it is not necessary that the animal have received any training or perform a specific task.

Can the HOA deny my ESA?

Even if you have an ESA letter, here are reasons why HOA may deny your request to allow your assistance animal:

• If accommodating the animal would be too expensive or burdensome.
• If the animal poses a direct threat to the safety of others.
• If the animal causes physical damage to property.
• If the animal has a pattern of out-of-control behavior.
• If the animal is not legal to own.

Where can I file a complaint against an HOA that denied my ESA?

If your HOA denies your ESA request, or you think the HOA is discriminating against you, file a complaint with:

U.S. Department of Housing and Urban Development (HUD). Scroll down to Housing Discrimination: https://www.hud.gov/fairhousing/fileacomplaint

Illinois Department of Human Rights (IDHR) Select Housing & Real Estate: https://dhr.illinois.gov/filing-a-charge.html

Where can I find more information about housing and ESAs?

This 2020 HUD memo regarding ESAs: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

These ESA FAQs on the Illinois Attorney General's site: https://illinoisattorneygeneral.gov/Page-Attachments/assistance_animals.pdf

The Illinois Assistance Animal Integrity Act: https://idfpr.illinois.gov/content/dam/soi/en/web/idfpr/ccico/pdfs/2020-01-28-the-illinois-assistance-animal-integrity-act.pdf

This blog from Illinois Realtors: https://www.illinoisrealtors.org/blog/fair-housing-and-service-or-emotional-support-animals/

To learn more about buying and selling real estate in Chicago, please schedule a call with me (Mike) or Lead Attorney John Aylesworth.