Pet or Animal 

Service Animals required because of a disability and trained to perform a specific work or task are not considered pets. Emotional Support Animals (ESA) provide support through companionship and can help ease anxiety, depression, and certain phobias. The key difference between a service animal and an emotional support animal is whether the animal has been trained to perform a specific task or job directly related to the person's disability. Landlords may ask for additional documentation if the disability is not easily determined.

Emotional Support Animals (ESA)

Emotional Support Animals (ESA) are defined as: Animals/dog or cat which provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities as do Service Animals. As a result, they do not qualify as Service Animals. A person may obtain permission to bring an ESA into the property if they get a typed letter from their licensed treating medical doctor or treating mental health therapist who has an ongoing therapeutic relationship with the individual and who certifies the individual's need for such an animal. The letter must be on the treating doctor's/therapist's letterhead, typed (not handwritten) and include the doctor's/therapist's license number, signature, date, state that a therapeutic relationship exists, and that the individual has been diagnosed with an emotional or mental illness and a recommendation for an ESA to alleviate the symptoms of that specific emotional or mental illness. In accordance with applicable Federal and State laws, individuals, with a verifiable medical emotional or mental illness confirmed and diagnosed by a licensed treating therapist or medical provider who has a therapeutic relationship and who has provided an individualized assessment that an ESA provides emotional support that alleviates one or more of the symptoms or effects of such illness, may possess an ESA, subject to compliance with all of the ESA Registration Requirements and ESA Rules and Guidelines. Prior to obtaining an ESA or bringing an ESA into the property, the ESA owner must register the ESA, which includes completing and submitting all required documentation for the ESA with the landlord and a review and written approval of all documentation by the landlord. Once approved, the ESA will be allowed in the property.

The following are the Registration Requirements:

1) Reliable and verifiable documentation from a licensed treating medical doctor or treating mental health therapist who has an ongoing therapeutic relationship with the individual and is qualified to know of the individual's emotional or mental illness or the need for an ESA.
2) Evidence the ESA has received all necessary vaccinations;
3) A copy of the City of Chicago dog registration with the current date for the ESA, per Chicago Municipal Code, 07-12-140, dogs must be registered annually 4) A photo and the name of the ESA;
5) An affidavit signed by the individual as to the legitimacy of their need for an ESA;
6) A signed acknowledgement of receipt of the ESA Registration Requirements and the ESA Rules and Guidelines and agreement to be bound thereby, and agreement to comply herewith;
7) A signed acknowledgement of the presence of an ESA from the unit owner where the ESA will reside, if different from the owner of the ESA;
8) A signed acknowledgement by the individual agreeing to annual re-registration and re-filing of required documents as noted above when the lease is renewed.

ESA Rules

While in the common areas, all ESA animals must remain leashed or otherwise tethered, and within the control of the owner; ESA owners must take all measures to control the animals to prevent noise and other disruption to other residents; ESA may not loiter/play in any of the common areas and may only be in the common areas for a very limited amount of time while being taken in/out of the property. ESA are not allowed in the laundry room, pool area, rooftop deck, party room, or Management Office at any time; ESA are not allowed to relieve themselves anywhere inside the property, including on an individual's balcony, and must be taken off of property common area prior to allowing the ESA to relieve themselves. If an accident occurs the individual with the ESA must immediately clean up, dispose of the waste appropriately and disinfect the area. As a precaution to help avoid accidents, ESA owners should carry an animal pee pad with them at all times when they are with their ESA.

ESA Guidelines

1) Out of respect for those residents which may suffer from dog related allergies, fear of dogs, or in general have chosen to live in a dog free environment, we request that all ESA owners also adhere to the following guidelines:
2) ESA may only enter and exit by way of the rear building door or garage entrance (could vary by the type of building).
3) While in a common area if an ESA may be aggressive or show signs of prior barking, growling, snapping/biting, or in any way may pose a threat to other residents then the ESA must wear a muzzle at all times;
4) We will ask both parties to be aware of the presence of other residents or ESA and if asked to please accommodate any reasonable request, including vacating a common area or waiting for the next elevator.
5) Failure to comply with these ESA Rules and Guidelines may result in removal of the ESA from the property as well as fines as specified in the Schedule of Fees and Fines.
6) The occupant of the unit where an individual possess an ESA is responsible for any and all cleanup costs or the cost of damage determined to be caused by the ESA.

Any claim (other than a disciplinary proceeding for violation of these Rules) arising out of these Rules and Regulations, or otherwise related to approval, rejection or fine involving an ESA shall be subject to binding arbitration to be administered through the American Arbitration Association in accordance with its rules and procedures applicable to such disputes in effect on the date of filing for arbitration. To initiate such a claim, a demand for arbitration shall be made in writing to the American Arbitration Association and the other party. The demand must set forth specifically the nature of the claim and the relief sought. In any such arbitration, only written discovery shall be permitted and limited to no more than ten interrogatories and ten production requests per party. The cost of the arbitration shall be borne by the parties equally. However, if the Landlord/Management is the prevailing party, the other party shall pay the costs and expenses of arbitration, including the Landlord/Management attorney's fees. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in the Circuit Court of Cook County, Illinois. The tenant of the unit where an individual possesses an Emotional Support Animal is responsible for any and all cleanup costs or the cost of damage determined to be caused by the Emotional Support Animal.

Service Animals

Service Animals are defined as: Animals/dogs which are individually trained to do work or perform tasks for the benefit of an individual with a disability (i.e. physical, psychiatric, intellectual, or other mental disability). To qualify as a service dog, it must be trained to perform the task to aid with the person's disability. The dog must also pass certain public tests. For example, it cannot display any aggressive behavior toward people or other animals, not beg for food or attention, be well mannered (i.e., not bark excessively), and be able to display control. In accordance with applicable Federal and State law, individuals, with a verifiable Service Animal Certification, from the individual's treating licensed therapist or treating licensed medical provider, is by law allowed to possess a Service Animal. Service Animal owners are asked to comply with all of the Service Animal Guidelines. Prior to bringing a Service Animal to the property to live, the Service Animal owner is asked to register the animal with the management office.

The following are possible Registration Requirements

1) The individual has obtained a diagnosis or determination from their treating licensed therapist or treating medical doctor qualified to know of the individual's disability or need for the Service Animal
2) Evidence the Service Animal meets all Service Animal requirements and training
3) Evidence the Service Animal has received all necessary vaccinations
4) A copy of the City of Chicago dog registration with the current date for the Service Animal, per Chicago Municipal Code, 07-12-140, dogs must be registered annually
5) Updated Resident Information Sheet with Service Animal information
6) A signed acknowledgement of receipt of the Service Animal Registration Requirements and the Service Animal Guidelines and agreement to be bound thereby, and agreement to comply herewith;
7) A signed acknowledgement of the presence of a Service Animal from the unit owner where the Service Animal will reside, if different from the owner of the Service Animal
8) A signed acknowledgement by the individual agreeing to annual re-registration and re-filing of required documents as noted above.

Service Animal Guidelines while in the common areas
 
1) Service Animals must remain leashed or otherwise tethered, and within the control of the owner
2) Service Animals must have a vest or other indicia that it is a Service Animal
3) Service Animal owners must take all measures to control the animals to prevent noise and other disruption to other residents
4) We will ask both parties to be aware of the presence of other residents or Service Animals and if asked to please accommodate any reasonable request, including vacating a common area or waiting for the next elevator
5) If a Service Animal relieves themselves anywhere inside or anywhere on the property the owner of the Service Animal, if able, must immediately clean up and dispose of the waste appropriately
6) Guests of residents wishing to bring a Service Animal into the property must adhere to the Service Animal Guidelines. The tenant of the unit where an visiting individual possess a Service Animal is responsible for any and all cleanup costs or the cost of damage determined to be caused by the Service Animal.

This paper is an example of some possible procedures for ESA and Service animals for landlords. You are strongly encouraged to consult with the appropriate legal professionals or licensed attorneys. This document is not intended to provide any kind of legal advice. If this form or any paperwork contradicts any laws or civil codes, the laws and codes will take precedents.

Baird & Warner fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. The Chicago Fair Housing Regulations prohibit housing discrimination on the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, source of income or immigration status. Anybody using our services must abide by all Fair Housing Laws.