What is the dierence between a service
animal and an assistance animal?
Service animals and assistance animals are
protected by dierent laws and in dierent
contexts.
Under the ADA, a service animal is a dog that is
trained to perform a specic task directly related
to the handler’s disability. A service animal
must be permitted to accompany a person with
a disability in areas subject to the ADA, such as
businesses that are open to the public. Miniature
horses must also be permitted where reasonable.
According to the U.S. Department of Housing
and Urban Development, under the FHA an
assistance animal is any animal that provides
support to an individual with a disability but is
not necessarily trained to perform any task. The
person must have a disability-related need for
the assistance animal. Such an assistance animal
must be permitted in housing when reasonable
and necessary.
Does an animal have to be trained or
perform a specic task to be an assistance
animal in housing?
No. Under the FHA, 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 specic task.
DISABILITY RIGHTS
BUREAU
CHICAGO
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-5684
TTY: 1-800-964-3013
SPRINGFIELD
500 South Second Street
Springeld, Illinois 62701
(217) 524-2660
TTY: 1-877-844-5461
www.IllinoisAttorneyGeneral.gov
Printed by authority of the State of Illinois. 09/19
This material is available in alternate format upon request.
I found an apartment I like, but it has a “no
pets” policy. Can I apply and request an
accommodation for my assistance animal?
Yes. A housing provider must make a reasonable
exception to a “no pets” policy to allow an
applicant with a disability to have an assistance
animal.
My landlord has a “restricted breeds” policy
and my assistance animal’s breed is on the
list. Can I still ask for an accommodation?
Yes. A housing provider may not deny a request
for accommodation solely because of an animal’s
breed. Any decision must be made on a case-by-
case basis, including an individualized assessment
of the animal.
I have a cat that provides emotional support.
Is this an acceptable assistance animal?
Yes, any animal required by a person with a
disability may be an acceptable assistance animal
in housing, provided it is reasonable and related to
a disability.
What can I do if I believe I have been
discriminated against?
You may le a complaint with the Illinois
Department of Human Rights (IDHR) or U.S.
Department of Housing and Urban Development
(HUD), or Disability Rights Bureau of the Oce of
the Attorney General.
FREQUENTLY ASKED QUESTIONS
KWAME RAOUL
ILLINOIS ATTORNEY GENERAL
All Americans, including
the approximately one in
ve Illinois residents with
disabilities, are entitled to
free and equal participation in
society. As part of my eorts
to ensure these rights, I have
made it a priority to enforce
state and federal laws to ensure
that people with disabilities have equal access to
housing, including reasonable accommodations in
housing for people living with assistance animals.
Under the law, housing providers have an
obligation to provide reasonable accommodations
to people living with assistance animals that
provide a variety of assistance, including
performing tasks for the benet of a person with
a disability or providing emotional support to
alleviate the symptoms or eects of a person’s
disability. The category of assistance animals that
are permitted in housing is broad under the law,
and I encourage anyone who needs an assistance
animal to learn more about their rights in this
brochure.
For more information about assistance animals
or your rights under accessibility laws or to le a
complaint, please contact my oce’s Disability
Rights Bureau at 312-814-5684 in Chicago or
217-524-2660 in Springeld or visit
www.illiniosattorneygeneral.gov.
Kwame Raoul
Illinois Attorney General
Reasonable Accommodations
Under the federal Fair Housing Act (FHA) and the
Illinois Human Rights Act (IHRA), housing providers
must make reasonable accommodations so that people
with disabilities have an equal opportunity to use and
enjoy their housing. The FHA and IHRA cover nearly
all types of housing, including publicly and privately
owned units and housing governed by condominium or
homeowners associations.
Reasonable accommodations for people with
disabilities may require changes to rules, policies,
practices, or services as determined on a case-by-case
basis. There are no “magic words” required to request
a reasonable accommodation, and a request may be
made at any time. If a housing provider has questions
or concerns about a request, the provider must discuss
the request or ask for more
information.
Assistance Animals in Housing
An applicant, tenant, or resident may request a
reasonable accommodation for an assistance animal
even if a housing provider has a “no pets” policy or
lease provision. Unlike a service animal, which must
be a dog trained to perform a specic task under the
Americans with Disabilities Act (ADA), an assistance
animal can be any type of animal that provides
assistance, performs tasks, or provides emotional
support for a person with a disability. No special
training or certication is required for an animal to be
considered an assistance animal.
It is a civil rights violation under the IHRA to refuse to
rent to or otherwise discriminate in housing against a
person who has a disability because they have a guide,
hearing or support animal.
Demonstrating a Need for an
Accommodation for an Assistance Animal
Generally a housing provider cannot ask a tenant or
resident about their disability or diagnosis. However,
if an individual requests an accommodation for an
assistance animal and the individual’s disability is
not obvious or known, a housing provider may ask
for an explanation of how the request is related to
the individual’s disability and may ask for reliable
documentation verifying that the individual has a
disability and their request is necessary. A note from
a medical professional should suce. A housing
provider is generally not entitled to medical records
or information about the nature or severity of the
individual’s disability. A housing provider cannot
request further verication if the need for the animal is
readily apparent.
Animal Care and Pet Deposits
A housing provider may require the assistance
animal to be housebroken, but a provider may not
charge a resident any fee for having an assistance
animal, including a pet deposit. An animal’s owner is
responsible for cleaning up after the animal and may
be responsible for the costs of any damage caused by
the animal if the provider’s usual practice is to charge
tenants for such damage.
When Can a Request for an
Accommodation Be Denied?
A request can be denied if the accommodation would
create an undue nancial or administrative burden,
pose a direct threat to the health or safety of others, or
result in substantial physical damage to the property
of others, unless the threat can be reduced by a
reasonable accommodation. A housing provider cannot
deny an accommodation based solely on a “restricted
breeds” policy, which prohibits specic animal breeds,
speculation about the damage an animal may cause or
evidence of damage caused by other animals.
Assistance Animals Outside of Housing
According to the U.S. Department of Housing
and Urban Development, the FHA’s protections
for assistance animals are limited to housing.
Assistance animals in housing are dierent from
service animals, which the ADA protects in places
of public accommodation and state and local
government facilities. Under the ADA, service
animals are dened as dogs (and in some cases,
miniature horses) that are trained to perform a
specic task for a person with a disability. If an
assistance animal is specically trained to do work
or perform a task for the benet of a person with
a disability, it may also be considered a service
animal under the ADA, in which case it must be
permitted to enter wherever members of the public
are allowed.
For more information, read our brochure
“Service Animals: A Guide for Individuals with
Disabilities and Illinois Businesses,” which is
available at www.IllinoisAttorneyGeneral.gov.
Other Resources on Reasonable
Accommodations and the FHA
To learn more about reasonable accommodations
in housing, visit the U.S. Department of Housing
and Urban Development’s website at hud.gov for
materials such as:
• “Reasonable Accommodations Under the Fair
Housing Act,” HUD/DOJ Joint Statement
(May 17, 2004), available at http://www.hud.gov/
oces/fheo/library/huddojstatement.pdf.
• “Notice on Service Animals and Assistance
Animals for People with Disabilities in
Housing and HUD-Funded Programs” (April
25, 2013), available at http://portal.hud.gov/
hudportal/documents/huddoc?id=servanimals_
ntcfheo2013-01.pdf.
A Message from
ILLINOIS ATTORNEY GENERAL
KWAME RAOUL