Legal Question in Landlord & Tenant Law in Illinois

Thank you for what you do. My last question was answered but the law has been updated since Oct. 27, 2008. My question was, may I have a second emotional service cat in my HUD apt. I am 63yrs/disabled. The new law I found on e-CFR title 24 part 5 subpart C. That would be 5.303. It reads as though I may, but I want to be sure. I cannot afford to lose my home. Again, thank you and May GOD Bless You, Betty


Asked on 11/25/09, 3:07 am

1 Answer from Attorneys

Thank you for teaching me something too!!! As I read it, the CFR you cited, specifically 5.303, is a "final rule" but does not relate to the # of pets you can have. What it does do, however, is eliminate the requirement for "specialized training" (which I think is a pretty big change by itself). But it doesn't wipe out all parameters. And HUD's comments even suggest that it would not be unreasonable for a landlord to require you as pet owner to show as to an animal that you claim is providing you with "emotional support" that you may have to be able to show "documentation from a doctor, psychiatrist, social worker or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability". The law uses the word "nexus" - you may have to show the relationship between the need for the animal and the particular disability or symptom the animal helps with.

As to the # of animals, it appears that 24 CFR Part 5, Sec 5.315 is the applicable section, and it appears unchanged. That seems means you might be able to have a second "emotional support" pet under that Section's parameters (things like health and safety and no undue burden...) and subject to mandatory rules in Section 5.350. I guess my question to you, however, if I was in charge of the development, is why you would need a second animal providing the same support -- but I suppose if a doctor, for example, could certify that one cat alleviates one kind of disability-related symptom and another cat alleviates another kind of disability-related symptom, or one alleviates some and a 2nd alleviates more...., it might be hard for me as the management to disapprove if you otherwise kept a neat, clean home and the animals weren't destructive or dangerous. Still, it appears a 2nd animal may be discretionary where it serves the same purpose... and the burden is on you to document the need.

Hope this helps - sounds like you are a very caring person but you certainly don't want to risk breaking the rules and losing your lease.

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Answered on 11/30/09, 10:39 am


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