Can You Be Evicted for Having an ESA in Illinois?
Living in Illinois and worried that your landlord might evict you for having an Emotional Support Animal (ESA)? You’re not alone. Many tenants fear retaliation when they introduce an ESA into a rental unit—especially in properties with a strict no-pet policy. But what does the law actually say? Let’s clear up the confusion and explain your rights as a tenant with an ESA in Illinois.
What Is an ESA and Who Qualifies?
An Emotional Support Animal (ESA) provides therapeutic benefits to people with emotional or mental health conditions. These animals don’t require specialized training, but they must be recommended by a licensed mental health professional through a valid ESA letter.
Is It Legal to Have an ESA in a No-Pet Building?
Yes. Under the federal Fair Housing Act (FHA) and the Illinois Human Rights Act, landlords are required to make reasonable accommodations for tenants with disabilities—which includes allowing ESAs, even in properties that typically enforce a no-pet rule.
So, Can You Be Evicted for Having an ESA?
In most cases, no. If you have a legitimate ESA and provide your landlord with a valid ESA letter, it is illegal for them to evict you solely because of the animal. Doing so could be considered housing discrimination.
However, eviction can still happen under certain conditions:
- No ESA letter: If you bring in an animal and do not provide proper documentation, the landlord may treat it as a lease violation.
- Dangerous or disruptive animal: If your ESA threatens other tenants, causes damage, or creates unsanitary conditions, the landlord may have grounds for eviction.
- Fraudulent ESA claims: Submitting a fake or unverifiable ESA letter can also result in eviction and even legal action.
What Should You Do to Protect Yourself?
- Get a legitimate ESA letter from a licensed mental health professional in Illinois.
- Notify your landlord in writing and provide a copy of your ESA letter as soon as possible.
- Keep records of all communication regarding your ESA and your housing situation.
Your Rights If You’re Being Threatened with Eviction
If you believe you’re being wrongfully evicted for having an ESA, you can:
- File a complaint with the U.S. Department of Housing and Urban Development (HUD)
- Contact the Illinois Department of Human Rights (IDHR)
- Seek legal support from a housing attorney or tenant advocacy group
Final Thoughts
In Illinois, having an Emotional Support Animal is a protected right when properly documented. You cannot be evicted just for having an ESA—so long as you meet the legal criteria and follow the proper steps. Stand up for your rights, and don’t let housing policies get in the way of your mental health support.
Need a valid ESA letter? CertifyESA connects you with licensed mental health professionals in Illinois. Start your ESA evaluation today and protect your right to fair housing.
