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This site is maintained for the Illinois General Assembly (a) A housing provider who receives a request from a person to make an exception to the housing provider's policy prohibiting or restricting animals on the housing provider's property because the person requires the use of an assistance animal may require the person to produce reliable documentation of the disability and disability-related need for the animal only if the disability or disability-related need is not readily apparent or known to the housing provider. August 9, 2019 / News Sugar Quoted on Recreational Marijuana in Condo Buildings. Short title. 2019 Illinois Compiled Statutes Chapter 310 - HOUSING 310 ILCS 120/ - Assistance Animal Integrity Act. Animal Welfare Rules; AAEP Care Guidelines for Equine Rescue and Retirement Facilities; Feeding Garbage to Animals (720 ILCS 5/48-7) Humane Care for Animals Act. Basic Law: Statutory Language The Illinois legislature has broadened the common law liability of owners and keepers of animals. Rights under other Acts. Illinois Passes the Assistance Animal Integrity Act Submitted on Wednesday, August 28, 2019 - 9:00pm Landlords have no-pet policies. Because assistance animals may be any breed, size, or weight, housing providers should reasonably accommodate a tenant with a disability-related need for an assistance animal by waiving any size or weight limitations that might otherwise apply to pets. 101-518, eff. Animal Welfare Act. : The Act provides guidelines to help condominium associations and other housing providers who receive a request for an exception to a policy prohibiting or restricting animals due to a disability-related need for an assistance animal. Home › Service Dog (Assistance Dog) Laws › United States › State Laws › Illinois. Illinois Laws on Service Dogs and Emotional Support Animals Illinois and federal law protect the right to have service dogs in public places and may cover other service animals in housing. Notwithstanding any other provision of law to the contrary, a housing provider shall not be liable for injuries caused by a person's assistance animal permitted on the housing provider's property as a reasonable accommodation to assist the person with a disability under the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, the Illinois Human Rights Act, or any other federal, State, or local law. 101-518, eff. This Act shall be known and may be cited as the Animal Control Act § 2: As used in this Act, unless the context otherwise requires, the terms … § 2.01: Administrator § 2.02 “Animal” means every living creature, other than man, which may be … § 2.03 “Animal Control Warden” means any person appointed by … 1-1-20. Definitions. This Act shall be known and may be cited as the "Humane Care for Animals Act" Sec. ), (310 ILCS 120/20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5. To receive benefits, maintain the integrity of the SD/GD program, and ensure Veterans are receiving dogs of the highest level of quality, and training standards, a dog must be received from an Assistance Dogs International (ADI) or International Guide Dog Federation (IGDF) accredited service dog organization. 1-1-20. Humane Care for Animals Rules; Illinois Brand Act. 733, No. On August 23, 2019, the Assistance Animal Integrity Act (the “Act”) was signed into law by Governor J.B. Pritzker. "Therapeutic relationship" does not include an entity that issues a certificate, license, or similar document that purports to confirm, without conducting a meaningful assessment of a person's disability or a person's disability-related need for an assistance animal, that a person: (a) has a disability; or (b) needs an assistance animal. 2; Sec. • Illinois Assistance Animal Integrity Act. Sec. 91-480, eff. Violation of the Service Animal Access Act is a Class C misdemeanor. Provides that a housing provider who receives a request from a person to make an exception to the landlord’s policy prohibiting animals on the landlord’s property because the person requires the use of an assistance animal or service animal … A housing provider may ask a person to make the request on a standardized form, but cannot deny the request because the person did not use the form to submit documentation that meets the requirements of subsection (b). (740 ILCS 13/1) Sec. Assistance and Service Animal Integrity Act § 405.1. Short title . (h) Nothing in this Act prohibits a housing provider from verifying the authenticity the documentation submitted under subsection (b). "Animal" means every living creature, domestic or wild, but does not include man (Source: P.A. 101-518, eff. Illinois Swine Market Development Act FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . (Source: P.A. (310 ILCS 120/1) (This Section may contain text from a Public Act with a delayed effective date) Sec. A housing provider also may not require a resident with an assistance animal to procure special liability insurance or coverage for the assistance animal. Assistance animals, including service animals and companion animals, are NOT pets. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. In this Act:"Assistance animal" means an emotional support or service animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or the Illinois Human Rights Act. As a campus that offers and provides housing for students at Illinois State University, University Housing complies with the Fair Housing Act (FHA). Fortunately, Illinois legislators are now addressing the issue. In Illinois, the Fair Housing Act provides certain protections for those with certain kinds of assistance animals. 1. 1. "Disability" means, with respect to a person, any physical or mental impairment, or record of such impairment, that satisfies the definition of handicap under the Fair Housing Act or the definition of disability under the Illinois Human Rights Act. (Source: P.A. July 15, 2019 / News Marinelli Featured on CAI Podcast. 1-1-00.) House Bill 3671 (the Assistance Animal Integrity Actthor “Act”, full text linked here) has been approved by both the House and the Senate and, as of June 28, 2019, was sent to Governor Pritzker for signature. Nothing in this Act shall be construed to: (1) limit individuals' rights under the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Illinois Human Rights Act, or any other federal, State, or local civil rights law; or (2) limit the liability of housing providers under such laws. Housing Laws. This Act may be cited as the Assistance Animal Damages Act. Violation of the White Cane Law is a … The AAIA was signed into law on August 23, 2019, and will take effect on January 1, 2020. 1-1-20. Credits 2018, Oct. 24, P.L. 101-518, eff. Definitions . Tenants want to have pets. 1-1-20. "Reasonable accommodation" has the meaning provided under the federal Fair Housing Act or the Illinois Human Rights Act. 10. (b) Any documentation that a person has a disability and requires the use of an assistance animal as a reasonable accommodation in housing under the federal Fair Housing Act or the Illinois Human Rights Act shall:(1) be in writing;(2) be made by a person with whom the individual, requesting an accommodation has a therapeutic relationship; and, (3) describe the individual's disability-related need, (c) A housing provider may deny a documented request for an accommodation or rescind a granted request under this Act if:(1) the accommodation imposes either: (i) an undue, financial and administrative burden; or (ii) a fundamental alteration to the nature of the operations of the housing provider; or. This act shall be known and may be cited as the Assistance and Service Animal Integrity Act. Title: CIC LEGAL UPDATE 2020: What you need to know NOW Presented by Jessica L. Ryan, Kovitz Shifrin Nesbit, P.C. Illinois Humane Care for Animals Act Illinois Humane Care for Animals Act (510 ILCS 70/3) Owner’ s Duties Each owner shall provide for each of his or her an (a) sufficient quantity of good quality, wholesome food and wa (b) adequate shelter and protection from the weather; (c) veterinary care when needed to prevent suffering; and Illinois Humane Care for 847-777-7280 Jryan@ksnlaw.com Author: 20. (d) A housing provider may require additional supporting documentation of a person's disability or need for the assistance animal only if the initial documentation provided does not satisfy subsection (b). 5. Illinois Dead Animal Disposal Act. "Housing provider" means any owner, housing provider, property management company, property manager, government entity, condominium board, condominium association, cooperative, or related entity, and any agent or employee thereof, engaged in the selling, leasing, management, control, or governance of residential housing. Recent laws may not yet be included in the ILCS database, but they are found on this site as. In this Act: "Assistance animal" means an emotional support or service animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or the Illinois Human Rights Act. (2) after conducting an individualized assessment. This Act may be cited as the Assistance Animal Damages Act. 91-480, eff. (Source: P.A. New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential Housing. (Source: P.A. The liability of an owner of a dog or other animal attacking or injuring a person is as follows: If a dog or other animal… The Illinois Assistance Animal Integrity Act helps clarify what is required to establish a disability and disability-related need for an assistance animal. (e) A housing provider may consider the documented disability-related needs of other residents on the property when evaluating the reasonableness of the request for the assistance animal. Documentation of disability and disability-related need. ), (310 ILCS 120/5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 19 S. LaSalle St., Suite 303, Chicago, IL 60603 – Phone (312) 419-4000 – Website www.mkimlaw.com ASSISTANCE ANIMAL INTEGRITY ACT (A HELPFUL NEW LAW) by Michael C. Kim MICHAEL C. KIM & ASSOCIATES October 21, 2019 Beginning on January 1, 2020, condominium associations, common interest communities, The Illinois Human Rights Act, 775 ILCS 5/3 et seq., also requires that certain housing providers reasonably accommodate people with disabilities who require animals to assist them in some manner related to their disability. Calling into question the rampant fraud of internet vendors selling bogus documents, the newly adopted Illinois Assistance Animal Integrity Act (“AAIA”) aims to provide direction and guidance. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. Illinois residents are subject to the U.S. Department of Housing and Urban Development Fair Housing Act. ), (310 ILCS 120/15) (This Section may contain text from a Public Act with a delayed effective date) Sec. The Director of the Division of Real Estate (“DRE”) for the Illinois Department of Financial and Professional Regulation (“IDFPR”) appointed Adrienne Levatino as the Condominium and Common Interest Community Ombudsperson (“CCIC Ombudsperson”) effective January 1, 2017. Fortunately, Illinois legislators are now addressing the issue. (740 ILCS 13/5) Sec. The Act, which is effective starting January 1, 2020, supplements existing Federal law regarding reasonable accommodation requests for assistance animals … 15. The law that applies to accommodations for an emotional support animal is primarily the Fair Housing Act (“FHA”). Illinois Law The Service Animal Access Act and White Cane Law are state criminal laws that guarantee the right of a person with a disability to be accompanied by a service animal in public. Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. (Source: P.A. 101-0518): Creates the Assistance and Service Animal Integrity Act. FACT SHEET ON HUD’S ASSISTANCE ANIMALS NOTICE On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity (FHEO) released Notice FHEO-2020-01, sometimes referred to as the “Assistance Animals … 847-777-7280 jryan@ksnlaw.com. Please note that the American with Disabilities Act pertains to the state and federal government being prohibited from discriminating against people with disabilities in public places. Assistance Animal Damages Act. § 405.2. (740 ILCS 13/5) Sec. However, a housing provider may not deny an assistance animal solely due to the disability-related needs of another resident; rather, a housing provider must attempt to balance the disability-related needs of all residents. ), (310 ILCS 120/10) (This Section may contain text from a Public Act with a delayed effective date) Sec. Short title. E. ANIMAL CONTROL ACT 1. by the. In this Act: "Assistance animal" means an emotional support or service animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or the Illinois Human Rights Act. House Bill 3671 (the Assistance Animal Integrity Act or “Act”, full text linked here) has been approved by both the House and the Senate and, as of June 28 th, 2019, was sent to Governor Pritzker for signature. 1-1-20.). (f) A housing provider may require a resident to cover the costs of repairs for damage the animal causes to the resident's dwelling unit or the common areas, reasonable wear and tear excepted, in the same manner it would for damage caused by any other resident; however, a housing provider may not require a resident to pay a pet-related deposit, pet fee, or related pet assessment, even if the housing provider allows pets and requires pet owners to pay such costs. 1-1-00.) (310 ILCS 120/1) (This Section may contain text from a Public Act with a delayed effective date) Information maintained by the Legislative Reference Bureau, Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. A housing provider receiving a request for more than one assistance animal may request documentation under subsection (b) that establishes the disability-related need for each animal, unless the need for an animal is apparent. Illinois State University is committed to providing a safe, welcoming, and accessible campus for students and guests with disabilities and/or medical/mental health conditions who require the use of an Assistance Animal. CIVIL LIABILITIES (740 ILCS 13/) Assistance Animal Damages Act. 101-518, eff. In this Act: "Assistance animal" means an emotional support or service animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or the Illinois Human Rights Act. 1. Thank You Jessica L. Ryan Kovitz Shifrin Nesbit, P.C. (g) Nothing in this Act shall be construed as requiring documentation of a specific diagnosis regarding a disability or disability-related need. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. Immunity. Additionally, the Illinois White Cane Law grants service animals the ability to be in certain public spaces with their owners, but this right does not extend to emotional support animals. If the initial documentation is insufficient to show the existence of the therapeutic relationship required under subsection (b), a housing provider may request additional information describing the professional relationship between the person and the individual with a disability. Illinois Enacts Law To Evaluate Emotional Support Animal Requests. The Illinois Assistance Animal Integrity Act, 310 ILCS 120/1, et seq. This Act may be cited as the Assistance Animal Integrity Act. (Source: P.A. The Illinois Assistance Animal Integrity Act The new Illinois Assistance Animal Integrity Act provides guidance to condominium associations and property managers in complying with housing disability laws. Definitions. 118, § 1, effective in 60 days [Dec. 24, 2018]. For more detailed codes research information, including annotations and citations, please visit Westlaw . "Therapeutic relationship" means the provision of medical care, program care, or personal care services, in good faith, for and with actual knowledge of, an individual's disability and that individual's disability-related need for an assistance animal by: (1) a physician or other medical professional; (2) a mental health service provider; or (3) a non-medical service agency or reliable third party who is in a position to know about the individual's disability. 2.01. there is reliable objective evidence that the specific assistance animal: (i) poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation; (ii) causes substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation; or (iii) has engaged in a pattern of uncontrolled behavior that its handler has not taken effective action to correct. 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