103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2261

 

Introduced 2/14/2023, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation, because of immigration status, to: refuse to engage in a real estate transaction or otherwise make unavailable or deny real property; alter the terms, conditions, or privileges of a real estate transaction; refuse to receive or fail to transmit a bona fide offer in a real estate transaction from a person; refuse to negotiate a real estate transaction with a person; represent to a person that real property is not available for inspection, sale, rental, or lease, fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property; make, print, circulate, post, mail, publish, or cause such actions, any notice, statement, advertisement, or sign, use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction that indicates any preference, limitation, or discrimination based on immigration status, or an intention to make such preference, limitation, or discrimination; offer, solicit, accept, use, or retain a listing of real property with knowledge that discrimination based on immigration status in a real estate transaction is intended; refuse to engage in loan modification services; alter the terms, conditions, or privileges of loan modification services; discriminate in making loan modification services available; solicit for sale, lease, listing, or purchase any residential real estate on the grounds of loss of value due to the present or prospective entry into the vicinity of the property involved of any person of any particular immigration status; distribute or cause to be distributed, written material or statements designed to induce any owner of residential real estate to sell or lease property because of any present or prospective changes in the immigration status of residents in the vicinity of the property involved; or intentionally create alarm by transmitting communications to induce any owner of residential real estate to sell or lease property because of any present or prospective entry into the vicinity of the property involved of any person of any particular immigration status. Provides that nothing prohibits inquiry into or the use of immigration status if the inquiry or use is otherwise required by federal law. Makes other changes.


LRB103 27772 LNS 54150 b

 

 

A BILL FOR

 

HB2261LRB103 27772 LNS 54150 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
63-106 as follows:
 
7    (775 ILCS 5/3-101)  (from Ch. 68, par. 3-101)
8    Sec. 3-101. Definitions. The following definitions are
9applicable strictly in the context of this Article:
10    (A) Real Property. "Real property" includes buildings,
11structures, real estate, lands, tenements, leaseholds,
12interests in real estate cooperatives, condominiums, and
13hereditaments, corporeal and incorporeal, or any interest
14therein.
15    (B) Real Estate Transaction. "Real estate transaction"
16includes the sale, exchange, rental or lease of real property.
17"Real estate transaction" also includes the brokering or
18appraising of residential real property and the making or
19purchasing of loans or providing other financial assistance:
20    (1) for purchasing, constructing, improving, repairing or
21maintaining a dwelling; or
22    (2) secured by residential real estate.
23    (C) Housing Accommodations. "Housing accommodation"

 

 

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1includes any improved or unimproved real property, or part
2thereof, which is used or occupied, or is intended, arranged
3or designed to be used or occupied, as the home or residence of
4one or more individuals.
5    (D) Real Estate Broker or Salesman. "Real estate broker or
6salesman" means a person, whether licensed or not, who, for or
7with the expectation of receiving a consideration, lists,
8sells, purchases, exchanges, rents, or leases real property,
9or who negotiates or attempts to negotiate any of these
10activities, or who holds oneself himself or herself out as
11engaged in these.
12    (E) Familial Status. "Familial status" means one or more
13individuals (who have not attained the age of 18 years) being
14domiciled with:
15    (1) a parent or person having legal custody of such
16individual or individuals; or
17    (2) the designee of such parent or other person having
18such custody, with the written permission of such parent or
19other person.
20    The protections afforded by this Article against
21discrimination on the basis of familial status apply to any
22person who is pregnant or is in the process of securing legal
23custody of any individual who has not attained the age of 18
24years.
25    (F) Conciliation. "Conciliation" means the attempted
26resolution of issues raised by a charge, or by the

 

 

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1investigation of such charge, through informal negotiations
2involving the aggrieved party, the respondent and the
3Department.
4    (G) Conciliation Agreement. "Conciliation agreement" means
5a written agreement setting forth the resolution of the issues
6in conciliation.
7    (H) Covered Multifamily Dwellings. As used in Section
83-102.1, "covered multifamily dwellings" means:
9    (1) buildings consisting of 4 or more units if such
10buildings have one or more elevators; and
11    (2) ground floor units in other buildings consisting of 4
12or more units.
13    (I) Immigration Status. "Immigration status" means a
14person's actual or perceived citizenship or immigration
15status.
16(Source: P.A. 86-820; 86-910; 86-1028.)
 
17    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
18    Sec. 3-102. Civil rights violations; real estate
19transactions and other prohibited acts. It is a civil rights
20violation for an owner or any other person engaging in a real
21estate transaction, or for a real estate broker or salesman,
22because of unlawful discrimination, familial status,
23immigration status, source of income, or an arrest record, as
24defined under subsection (B-5) of Section 1-103, to:
25        (A) Transactions. Transaction. Refuse to engage in a

 

 

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1    real estate transaction with a person or otherwise make
2    unavailable or deny real property to discriminate in
3    making available such a transaction;
4        (B) Terms. Alter the terms, conditions or privileges
5    of a real estate transaction or in the furnishing of
6    facilities or services in connection therewith;
7        (C) Offers. Offer. Refuse to receive or to fail to
8    transmit a bona fide offer to engage in a real estate
9    transaction from a person;
10        (D) Negotiation. Refuse to negotiate for a real estate
11    transaction with a person;
12        (E) Representations. Represent to a person that real
13    property is not available for inspection, sale, rental, or
14    lease when in fact it is so available, or to fail to bring
15    a property listing to the person's his or her attention,
16    or to refuse to permit the person him or her to inspect
17    real property;
18        (F) Publication of Intent. Make, print, circulate,
19    post, mail, publish or cause to be made, printed,
20    circulated, posted, mailed, or published any notice,
21    statement, advertisement or sign, or use a form of
22    application for a real estate transaction, or make a
23    record or inquiry in connection with a prospective real
24    estate transaction, that indicates any preference,
25    limitation, or discrimination based on unlawful
26    discrimination or unlawful discrimination based on

 

 

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1    familial status, immigration status, source of income, or
2    an arrest record, or an intention to make any such
3    preference, limitation, or discrimination;
4        (G) Listings. Offer, solicit, accept, use or retain a
5    listing of real property with knowledge that unlawful
6    discrimination or discrimination on the basis of familial
7    status, immigration status, source of income, or an arrest
8    record in a real estate transaction is intended.
9(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
 
10    (775 ILCS 5/3-102.10)
11    Sec. 3-102.10. Third-party loan modification service
12provider.
13    (A) It is a civil rights violation for a third-party loan
14modification service provider, because of unlawful
15discrimination, familial status, immigration status, source of
16income, or an arrest record, to:
17        (1) refuse to engage in loan modification services;
18        (2) alter the terms, conditions, or privileges of such
19    services; or
20        (3) discriminate in making such services available,
21    including, but not limited to, by making a statement,
22    advertisement, representation, inquiry, listing, offer, or
23    solicitation that indicates a preference or the intention
24    to make such a preference in making such services
25    available.

 

 

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1    (B) For purposes of this Section, "third-party loan
2modification service provider" means a person or entity,
3whether licensed or not, who, for or with the expectation of
4receiving consideration, provides assistance or services to a
5loan borrower to obtain a modification to a term of an existing
6real estate loan or to obtain foreclosure relief. "Third-party
7loan modification service provider" does not include lenders,
8brokers or appraisers of mortgage loans, or the servicers,
9subsidiaries, affiliates, or agents of the lender.
10(Source: P.A. 102-362, eff. 1-1-22.)
 
11    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
12    Sec. 3-103. Blockbusting. It is a civil rights violation
13for any person to:
14        (A) Solicitation. Solicit for sale, lease, listing or
15    purchase any residential real estate within this State, on
16    the grounds of loss of value due to the present or
17    prospective entry into the vicinity of the property
18    involved of any person or persons of any particular race,
19    color, religion, national origin, ancestry, age, sex,
20    sexual orientation, marital status, familial status,
21    immigration status, source of income, or disability.
22        (B) Statements. Distribute or cause to be distributed,
23    written material or statements designed to induce any
24    owner of residential real estate in this State to sell or
25    lease the owner's his or her property because of any

 

 

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1    present or prospective changes in the race, color,
2    religion, national origin, ancestry, age, sex, sexual
3    orientation, marital status, familial status, immigration
4    status, source of income, or disability of residents in
5    the vicinity of the property involved.
6        (C) Creating Alarm. Intentionally create alarm, among
7    residents of any community, by transmitting communications
8    in any manner, including a telephone call whether or not
9    conversation thereby ensues, with a design to induce any
10    owner of residential real estate in this state to sell or
11    lease the owner's his or her property because of any
12    present or prospective entry into the vicinity of the
13    property involved of any person or persons of any
14    particular race, color, religion, national origin,
15    ancestry, age, sex, sexual orientation, marital status,
16    familial status, immigration status, source of income, or
17    disability.
18(Source: P.A. 102-896, eff. 1-1-23.)
 
19    (775 ILCS 5/3-104.1)  (from Ch. 68, par. 3-104.1)
20    Sec. 3-104.1. Refusal to sell or rent because a person has
21a guide, hearing or support dog. It is a civil rights violation
22for the owner or agent of any housing accommodation to:
23        (A) refuse to sell or rent after the making of a bona
24    fide bonafide offer, or to refuse to negotiate for the
25    sale or rental of, or otherwise make unavailable or deny

 

 

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1    property to any blind or hearing impaired person or person
2    with a physical disability because the blind or hearing
3    impaired person or person with a physical disability he
4    has a guide, hearing, or support dog; or
5        (B) discriminate against any blind or hearing impaired
6    person or person with a physical disability in the terms,
7    conditions, or privileges of sale or rental property, or
8    in the provision of services or facilities in connection
9    therewith, because the blind or hearing impaired person or
10    person with a physical disability he has a guide, hearing,
11    or support dog; or
12        (C) require, because a blind or hearing impaired
13    person or person with a physical disability has a guide,
14    hearing, or support dog, an extra charge in a lease,
15    rental agreement, or contract of purchase or sale, other
16    than for actual damage done to the premises by the dog.
17(Source: P.A. 99-143, eff. 7-27-15.)
 
18    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
19    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
20shall prohibit:
21    (A) Private Sales of Single Family Homes.
22        (1) Any sale of a single family home by its owner so
23    long as the following criteria are met:
24            (a) The owner does not own or have a beneficial
25        interest in more than 3 three single family homes at

 

 

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1        the time of the sale;
2            (b) The owner or a member of the owner's his or her
3        family was the last current resident of the home;
4            (c) The home is sold without the use in any manner
5        of the sales or rental facilities or services of any
6        real estate broker or salesman, or of any employee or
7        agent of any real estate broker or salesman;
8            (d) The home is sold without the publication,
9        posting or mailing, after notice, of any advertisement
10        or written notice in violation of paragraph (F) of
11        Section 3-102.
12        (2) This exemption does not apply to paragraph (F) of
13    Section 3-102.
14    (B) Apartments. Rental of a housing accommodation in a
15building which contains housing accommodations for not more
16than 4 families living independently of each other, if the
17owner resides in one of the housing accommodations. This
18exemption does not apply to paragraph (F) of Section 3-102.
19    (C) Private Rooms. Rental of a room or rooms in a private
20home by an owner if the owner he or she or a member of the
21owner's his or her family resides therein or, while absent for
22a period of not more than 12 twelve months, if the owner he or
23she or a member of the owner's his or her family intends to
24return to reside therein. This exemption does not apply to
25paragraph (F) of Section 3-102.
26    (D) Reasonable local, State, or Federal restrictions

 

 

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1regarding the maximum number of occupants permitted to occupy
2a dwelling.
3    (E) Religious Organizations. A religious organization,
4association, or society, or any nonprofit institution or
5organization operated, supervised or controlled by or in
6conjunction with a religious organization, association, or
7society, from limiting the sale, rental or occupancy of a
8dwelling which it owns or operates for other than a commercial
9purpose to persons of the same religion, or from giving
10preference to such persons, unless membership in such religion
11is restricted on account of race, color, or national origin.
12    (F) Sex. Restricting the rental of rooms in a housing
13accommodation to persons of one sex.
14    (G) Persons Convicted of Drug-Related Offenses. Conduct
15against a person because such person has been convicted by any
16court of competent jurisdiction of the illegal manufacture or
17distribution of a controlled substance as defined in Section
18102 of the federal Controlled Substances Act (21 U.S.C. 802).
19    (H) Persons engaged in the business of furnishing
20appraisals of real property from taking into consideration
21factors other than those based on unlawful discrimination or
22familial status or source of income in furnishing appraisals.
23    (H-1) The owner of an owner-occupied residential building
24with 4 or fewer units (including the unit in which the owner
25resides) from making decisions regarding whether to rent to a
26person based upon that person's sexual orientation.

 

 

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1    (I) Housing for Older Persons. No provision in this
2Article regarding familial status shall apply with respect to
3housing for older persons.
4        (1) As used in this Section, "housing for older
5    persons" means housing:
6            (a) provided under any State or Federal program
7        that the Department determines is specifically
8        designed and operated to assist elderly persons (as
9        defined in the State or Federal program); or
10            (b) intended for, and solely occupied by, persons
11        62 years of age or older; or
12            (c) intended and operated for occupancy by persons
13        55 years of age or older and:
14                (i) at least 80% of the occupied units are
15            occupied by at least one person who is 55 years of
16            age or older;
17                (ii) the housing facility or community
18            publishes and adheres to policies and procedures
19            that demonstrate the intent required under this
20            subdivision (c); and
21                (iii) the housing facility or community
22            complies with rules adopted by the Department for
23            verification of occupancy, which shall:
24                    (aa) provide for verification by reliable
25                surveys and affidavits; and
26                    (bb) include examples of the types of

 

 

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1                policies and procedures relevant to a
2                determination of compliance with the
3                requirement of clause (ii).
4        These surveys and affidavits shall be admissible in
5    administrative and judicial proceedings for the purposes
6    of such verification.
7        (2) Housing shall not fail to meet the requirements
8    for housing for older persons by reason of:
9            (a) persons residing in such housing as of the
10        effective date of this amendatory Act of 1989 who do
11        not meet the age requirements of subsections (1)(b) or
12        (c); provided, that new occupants of such housing meet
13        the age requirements of subsections (1)(b) or (c) of
14        this subsection; or
15            (b) unoccupied units; provided, that such units
16        are reserved for occupancy by persons who meet the age
17        requirements of subsections (1)(b) or (c) of this
18        subsection.
19        (3)(a) A person shall not be held personally liable
20    for monetary damages for a violation of this Article if
21    the person reasonably relied, in good faith, on the
22    application of the exemption under this subsection (I)
23    relating to housing for older persons.
24        (b) For the purposes of this item (3), a person may
25    show good faith reliance on the application of the
26    exemption only by showing that:

 

 

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1            (i) the person has no actual knowledge that the
2        facility or community is not, or will not be, eligible
3        for the exemption; and
4            (ii) the facility or community has stated
5        formally, in writing, that the facility or community
6        complies with the requirements for the exemption.
7    (J) Child Sex Offender Refusal to Rent. Refusal of a child
8sex offender who owns and resides at residential real estate
9to rent any residential unit within the same building in which
10the child sex offender he or she resides to a person who is the
11parent or guardian of a child or children under 18 years of
12age.
13    (K) Arrest Records. Inquiry into or the use of an arrest
14record if the inquiry or use is otherwise authorized by State
15or federal law.
16    (L) Financial Institutions. A financial institution as
17defined in Article 4 from considering source of income in a
18real estate transaction in compliance with State or federal
19law.
20    (M) Immigration Status. Inquiry into or the use of
21immigration status if the inquiry or use is otherwise required
22by federal law.
23(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    775 ILCS 5/3-101from Ch. 68, par. 3-101
4    775 ILCS 5/3-102from Ch. 68, par. 3-102
5    775 ILCS 5/3-102.10
6    775 ILCS 5/3-103from Ch. 68, par. 3-103
7    775 ILCS 5/3-104.1from Ch. 68, par. 3-104.1
8    775 ILCS 5/3-106from Ch. 68, par. 3-106