Illinois ESA Laws: What Tenants Need to Know in 2026

In May 2026, HUD narrowed how it enforces ESA complaints, but the underlying law did not change. The Illinois Department of Human Rights continues to enforce these housing protections on its own authority.

This guide was prepared by the RealESALetter.com editorial team, which tracks ESA law changes across all 51 states.

What the Fair Housing Act Requires of Illinois Landlords

Illinois landlords must accept a valid ESA letter, even in a no-pet building, and cannot charge pet deposits, pet rent, or apply breed restrictions to the animal.

• Must grant a reasonable accommodation for a valid ESA letter, including in buildings with a no-pet policy
• Cannot charge a pet deposit, pet fee, or monthly pet rent for an assistance animal
• Cannot apply breed, size, or weight restrictions to the animal
• Cannot require the ESA to be trained, certified, or registered
• Cannot demand medical records, a specific diagnosis, or details about the condition
• Can require a resident to cover the cost of actual damage the animal causes, the same as any other tenant
• Can deny only after an individualized assessment showing a direct threat or substantial property damage that cannot be reasonably mitigated

Illinois-Specific ESA Laws

Illinois protects emotional support animal owners through two state laws on top of the federal Fair Housing Act: the Illinois Human Rights Act (IHRA) and the Assistance Animal Integrity Act (AAIA).

The Illinois Human Rights Act (775 ILCS 5) prohibits disability-based housing discrimination, and 775 ILCS 5/3-104.1 specifically bars a landlord from refusing to rent because a tenant relies on a guide, hearing, or support dog. This gives Illinois tenants a state-law claim that stands on its own, independent of the federal FHA.
When both laws apply, an Illinois tenant can pursue protection under state law, federal law, or both.

The Illinois's Assistance Animal Integrity Act (310 ILCS 120) is a dedicated ESA housing statute, in effect since January 1, 2020.

Under 310 ILCS 120/5, the Act recognises a valid ESA only when it is supported by a genuine therapeutic relationship, and that definition expressly excludes any certificate or online registration issued without a meaningful assessment of the person's disability. A document bought from a letter mill therefore does not satisfy Illinois law.

Under 310 ILCS 120/10, an Illinois landlord cannot charge a pet deposit, pet fee, or pet rent for an assistance animal, and cannot require a specific diagnosis, though the landlord may verify that the documentation is authentic.

Under 310 ILCS 120/15, landlords receive immunity from liability for injuries caused by a permitted assistance animal, which removes one of the most common objections landlords raise to accommodating one.

RealESALetter.com letters are prepared by state-licensed Illinois therapists in compliance with the Illinois Human Rights Act and the Assistance Animal Integrity Act.

What HUD's May 2026 Enforcement Change Means for Illinois Tenants

On May 22, 2026, HUD announced it will no longer pursue ESA housing complaints where the animal is not individually trained to perform a disability-related task. This is a change in which complaints HUD chooses to investigate.

The Fair Housing Act statute has not changed. Congress did not amend it, so the law requiring Illinois landlords to accommodate a valid ESA letter is exactly what it was before.

The Illinois Department of Human Rights enforces Illinois housing protections independently of HUD. State enforcement is fully active and is now the primary path for Illinois tenants, backed by both the Illinois Human Rights Act and the Assistance Animal Integrity Act.

Private litigation also remains available, and a tenant can sue in federal or state court within two years of a discriminatory act. A genuine clinical evaluation from a state-licensed Illinois therapist matters more than ever as the foundation of a valid accommodation request.

How to File an ESA Housing Complaint in Illinois

The Illinois Department of Human Rights is the primary enforcement body for ESA housing complaints in Illinois.

1. Gather your written records: your ESA letter, your accommodation request, and every reply from your landlord
2. File a charge with the Illinois Department of Human Rights online, by mail, or by phone at (877) 236-7703, within one year of the denial
3. IDHR assigns an investigator, notifies your landlord, and the landlord must respond
4. The case moves to voluntary mediation or a formal investigation, and can advance to the Illinois Human Rights Commission if it is not resolved

Tenants in Chicago may also file with the Chicago Commission on Human Relations, which enforces the city's own fair housing ordinance. As a secondary option a federal complaint can be filed with HUD at 1-800-669-9777, though as of May 2026 the Illinois Department of Human Rights is the stronger enforcement path, and tenants may also sue in state or federal court under fair housing law.

Illinois Rules on ESA Misrepresentation

Illinois does not have a criminal statute that penalises ESA misrepresentation, and the Assistance Animal Integrity Act imposes no fine or jail term for it. Instead, the Act works by defining what counts as valid documentation, so a fake ESA letter simply fails to qualify for protection rather than triggering a separate penalty.

Because 310 ILCS 120/5 recognises documentation only from a provider with a genuine therapeutic relationship, a certificate or online registration bought without a real evaluation gives a tenant no legal standing, and a clinician who issues letters without a proper assessment can face discipline from their state licensing board. A genuine clinical evaluation from a licensed Illinois therapist is what gives an accommodation request its legal weight.

What Illinois Landlords Can and Cannot Do

What Makes an ESA Letter Valid in Illinois?

A valid ESA letter in Illinois must come from a licensed mental health professional with an active Illinois license who has a genuine therapeutic relationship with the tenant.

• Written by a mental health professional holding an active Illinois license
• Based on a genuine therapeutic relationship, as 310 ILCS 120/5 requires, not a certificate issued without a real assessment
• States that the tenant has a disability-related need for the animal
• Printed on the provider's letterhead with their license number, the date, and a signature
• Does not need to name the tenant's specific diagnosis

ESA registrations, certificates, and ID cards sold online have no legal standing in Illinois or under federal law, and buying one does not satisfy the Assistance Animal Integrity Act. The only document that provides housing protection is Illinois ESA letter from a state licensed mental health professional.

ESA Public Access Rights in Illinois

ESA letters cover housing only.

Illinois ESAs do NOT have public access rights under the ADA, so they are not guaranteed entry to stores, restaurants, or public transit.

Public transit systems in Illinois, including the Chicago-area CTA, Metra, and Pace, generally admit only trained service animals, though some may allow a small ESA in a carrier under their standard pet rules.

Airlines are not required to accommodate ESAs in the cabin under the DOT's 2021 rule.

If you need public access rights and DOT-compliant air travel, a PSD letter covers both with a task-trained dog.

Can You Bring an ESA to Work in Illinois?

Illinois employers are not required to allow an emotional support animal in the workplace. The ADA extends workplace and public-access rights to trained service animals, not to ESAs.

An employee with a disability can still request to bring an ESA as a reasonable accommodation under the ADA and the Illinois Human Rights Act. The employer decides case by case and may refuse if the animal would cause undue hardship or disruption.