Emotional Support Animals (ESAs) offer comfort and support to individuals with mental health conditions. However, unruly or untrained ESAs can create serious problems for landlords. They may damage property, trigger tenant allergies, cause noise, create unsanitary conditions, or disrupt the rental community.
Landlords face a complex legal landscape when dealing with ESAs. Federal and state laws require careful navigation to respect tenant rights while protecting property interests. To ensure compliance and minimize risks from disruptive ESAs, consult an 1818 attorney specializing in landlord-tenant law for expert guidance.
What is an ESA, and how is it different from a service animal?
ESAs and service animals share certain legal protections but differ in their roles and requirements.
Under the Americans with Disabilities Act (ADA), service animals must be trained to perform specific tasks for individuals with disabilities. Only dogs usually qualify, and they receive extensive training to assist handlers. Service animals are allowed in public spaces, and housing providers cannot deny them due to no-pet policies.
ESAs, on the other hand, provide therapeutic benefits for mental health or psychiatric disabilities. They do not require training, and any animal can qualify. The Illinois Assistance Animal Integrity Act states ESAs count as reasonable accommodations under the Fair Housing Act or Illinois Human Rights Act. Like service animals, ESAs cannot be denied housing based on no-pet policies. However, ESAs lack public access rights and do not need task-specific training.
Due to their lack of training, ESAs can cause property damage and disturb neighbors. As a landlord, you must understand your rights and how to handle disruptive or undocumented ESAs.
What documents does an ESA require?
Online vendors increasingly sell fraudulent ESA documents to unaware renters.
Under the Illinois Assistance Animal Integrity Act, only the following can issue a valid ESA certification:
- Physicians or other medical professionals
- Mental health service providers
- Non-medical service agencies or third parties with therapeutic relationships with the individual
Some vendors provide fake ESA certificates after renters complete virtual questionnaires. These documents often fail to meet legal standards. However, legitimate virtual mental health services may provide valid ESA certifications. If you question an ESA letter’s validity, contact 1818 via our online contact form or call us at (312) 779-1818 for guidance.
Can You Remove a Certified ESA?
Even with valid certification, landlords may legally remove an ESA if:
- It imposes undue financial or administrative burdens
- It fundamentally alters the nature of housing operations
- It poses health or safety risks
- It causes significant property damage
- It displays uncontrolled behavior that the handler fails to correct
Why Contact 1818?
Dealing with ESA regulations requires specialized legal expertise. At 1818, we represent landlords, protect their rights, and safeguard their properties. If you face issues with illegitimate ESA claims or unruly animals, contact us via our online form or call us at (312) 779-1818.
