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1 | | AN ACT concerning human rights.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Human Rights Act is amended by |
5 | | changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and |
6 | | 3-106 as follows:
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7 | | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
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8 | | Sec. 3-101. Definitions. The following definitions are |
9 | | applicable strictly
in the context of this Article:
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10 | | (A) Real Property. "Real property" includes buildings, |
11 | | structures, real
estate, lands, tenements, leaseholds, |
12 | | interests in real estate cooperatives,
condominiums, and |
13 | | hereditaments, corporeal and incorporeal, or any interest
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14 | | therein.
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15 | | (B) Real Estate Transaction. "Real estate transaction" |
16 | | includes the
sale, exchange, rental or lease of real property. |
17 | | "Real estate
transaction" also includes the brokering or |
18 | | appraising of residential real
property and the making or |
19 | | purchasing of loans or providing other financial assistance:
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20 | | (1) for purchasing, constructing, improving, repairing or |
21 | | maintaining a dwelling; or
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22 | | (2) secured by residential real estate.
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23 | | (C) Housing Accommodations. "Housing accommodation" |
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1 | | includes any improved
or unimproved real property, or part |
2 | | thereof, which is used or occupied,
or is intended, arranged |
3 | | or designed to be used or occupied, as the home
or residence of |
4 | | one or more individuals.
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5 | | (D) Real Estate Broker or Salesman. "Real estate broker or |
6 | | salesman"
means a person, whether licensed or not, who, for or |
7 | | with the expectation
of receiving a consideration, lists, |
8 | | sells, purchases, exchanges, rents,
or leases real property, |
9 | | or who negotiates or attempts to negotiate any
of these |
10 | | activities, or who holds oneself himself or herself out as |
11 | | engaged in these.
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12 | | (E) Familial Status. "Familial status" means one or more |
13 | | individuals
(who have not attained the age of 18 years) being |
14 | | domiciled with:
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15 | | (1) a parent or person having legal custody of such |
16 | | individual or individuals; or
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17 | | (2) the designee of such parent or other person having |
18 | | such custody,
with the written permission of such parent or
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19 | | other person.
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20 | | The protections afforded by this Article against |
21 | | discrimination on the
basis of familial status apply to any |
22 | | person who is pregnant or is in the
process of securing legal |
23 | | custody of any individual who has not attained
the age of 18 |
24 | | years.
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25 | | (F) Conciliation. "Conciliation" means the attempted |
26 | | resolution of
issues raised by a charge, or by the |
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1 | | investigation of
such charge, through informal negotiations |
2 | | involving the
aggrieved party, the respondent and the |
3 | | Department.
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4 | | (G) Conciliation Agreement. "Conciliation agreement" means |
5 | | a written
agreement setting forth the resolution of the issues |
6 | | in conciliation.
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7 | | (H) Covered Multifamily Dwellings. As used in Section |
8 | | 3-102.1, "covered
multifamily dwellings" means:
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9 | | (1) buildings consisting of 4 or more units if such |
10 | | buildings have one
or more elevators; and
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11 | | (2) ground floor units in other buildings consisting of 4 |
12 | | or more units. |
13 | | (I) Immigration Status. "Immigration status" means a |
14 | | person's actual or perceived citizenship or immigration |
15 | | status.
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16 | | (Source: P.A. 86-820; 86-910; 86-1028.)
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17 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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18 | | Sec. 3-102. Civil rights violations; real estate |
19 | | transactions and other prohibited acts . It
is a civil rights |
20 | | violation for an owner or any other person engaging in
a real |
21 | | estate transaction , or for a real estate broker or salesman,
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22 | | because of unlawful discrimination, familial status, |
23 | | immigration status, source of income, or an arrest record, as |
24 | | defined under subsection (B-5) of Section 1-103, to:
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25 | | (A) Transactions. Transaction. Refuse to engage in a |
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1 | | real estate transaction with
a person or to discriminate |
2 | | in making available such a transaction;
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3 | | (B) Terms. Alter the terms, conditions or privileges |
4 | | of a real
estate transaction or in the furnishing of |
5 | | facilities or services in
connection therewith;
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6 | | (C) Offers. Offer. Refuse to receive or to fail to |
7 | | transmit a bona fide
offer to engage in a real estate |
8 | | transaction from a person;
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9 | | (D) Negotiation. Refuse to negotiate for a real estate |
10 | | transaction
with a person;
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11 | | (E) Representations. Represent to a person that real |
12 | | property is
not available for inspection, sale, rental, or |
13 | | lease when in fact it is
so available, or to fail to bring |
14 | | a property listing to the person's his or her
attention, |
15 | | or to refuse to permit the person him or her to inspect |
16 | | real property;
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17 | | (F) Publication of Intent. Make, print, circulate, |
18 | | post, mail, publish or cause to be made, printed, |
19 | | circulated, posted, mailed, or published any notice, |
20 | | statement, advertisement or sign, or use a form of |
21 | | application for a real estate transaction, or make a |
22 | | record or inquiry in connection with a prospective real |
23 | | estate transaction, that indicates any preference, |
24 | | limitation, or discrimination based on unlawful |
25 | | discrimination or unlawful discrimination based on |
26 | | familial status, immigration status, source of income, or |
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1 | | an arrest record, or an intention to make any such |
2 | | preference, limitation, or discrimination;
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3 | | (G) Listings. Offer, solicit, accept, use or retain a |
4 | | listing of
real property with knowledge that unlawful |
5 | | discrimination or
discrimination on the basis of familial |
6 | | status, immigration status, source of income, or an arrest |
7 | | record in a real estate
transaction is intended.
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8 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
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9 | | (775 ILCS 5/3-102.10) |
10 | | Sec. 3-102.10. Third-party loan modification service |
11 | | provider. |
12 | | (A) It is a civil rights violation for a third-party loan |
13 | | modification service provider, because of unlawful |
14 | | discrimination, familial status, immigration status, source of |
15 | | income, or an arrest record, to: |
16 | | (1) refuse to engage in loan modification services; |
17 | | (2) alter the terms, conditions, or privileges of such
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18 | | services; or |
19 | | (3) discriminate in making such services available, |
20 | | including, but not limited to, by making a statement, |
21 | | advertisement, representation, inquiry, listing, offer, or |
22 | | solicitation that indicates a preference or the intention |
23 | | to make such a preference in making such services |
24 | | available. |
25 | | (B) For purposes of this Section, "third-party loan |
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1 | | modification service provider" means a person or entity, |
2 | | whether licensed or not, who, for or with the expectation of |
3 | | receiving consideration, provides assistance or services to a |
4 | | loan borrower to obtain a modification to a term of an existing |
5 | | real estate loan or to obtain foreclosure relief. "Third-party |
6 | | loan modification service provider" does not include lenders, |
7 | | brokers or appraisers of mortgage loans, or the servicers, |
8 | | subsidiaries, affiliates, or agents of the lender.
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9 | | (Source: P.A. 102-362, eff. 1-1-22 .) |
10 | | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
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11 | | Sec. 3-103. Blockbusting. It is a civil rights violation |
12 | | for any
person to:
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13 | | (A) Solicitation. Solicit for sale, lease, listing or |
14 | | purchase any
residential real estate within this State, on |
15 | | the grounds of loss of
value due to the present or |
16 | | prospective entry into the vicinity of the
property |
17 | | involved of any person or persons of any particular race,
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18 | | color, religion, national origin, ancestry, age, sex, |
19 | | sexual orientation,
marital status,
familial status, |
20 | | immigration status, source of income, or
disability.
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21 | | (B) Statements. Distribute or cause to be distributed, |
22 | | written
material or statements designed to induce any |
23 | | owner of residential real
estate in this State to sell or |
24 | | lease the owner's his or her property because of any
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25 | | present or prospective changes in the race, color, |
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1 | | religion, national
origin, ancestry, age, sex, sexual |
2 | | orientation, marital status, familial
status, immigration |
3 | | status, source of income, or disability
of residents in
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4 | | the vicinity of the property involved.
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5 | | (C) Creating Alarm. Intentionally create alarm, among |
6 | | residents of
any community, by transmitting communications |
7 | | in any manner, including
a telephone call
whether or not |
8 | | conversation thereby ensues, with a design to induce any
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9 | | owner of residential real estate in this state to sell or |
10 | | lease the owner's his or
her property because of any |
11 | | present or prospective entry into the
vicinity of the |
12 | | property involved of any person or persons of any
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13 | | particular race, color, religion, national origin, |
14 | | ancestry, age, sex, sexual
orientation, marital
status, |
15 | | familial status, immigration status, source of income, or |
16 | | disability.
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17 | | (Source: P.A. 102-896, eff. 1-1-23 .)
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18 | | (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
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19 | | Sec. 3-104.1. Refusal to sell or rent because a person has |
20 | | a guide,
hearing or support dog. It is a civil rights violation |
21 | | for the
owner or agent of any housing accommodation to:
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22 | | (A) refuse to sell or rent after the making of a bona |
23 | | fide bonafide offer, or to
refuse to negotiate for the |
24 | | sale or rental of, or otherwise make unavailable
or deny |
25 | | property to any blind or hearing impaired person or person |
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1 | | with a physical disability because the blind or hearing |
2 | | impaired person or person with a physical disability he |
3 | | has a guide, hearing , or support dog; or
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4 | | (B) discriminate against any blind or hearing impaired |
5 | | person or person with a physical disability in the terms, |
6 | | conditions, or privileges of sale or
rental property, or |
7 | | in the provision of services or facilities in connection
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8 | | therewith, because the blind or hearing impaired person or |
9 | | person with a physical disability he has a guide, hearing , |
10 | | or support dog; or
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11 | | (C) require, because a blind or hearing impaired |
12 | | person or person with a physical disability has a guide, |
13 | | hearing , or support dog,
an extra charge in a lease, |
14 | | rental agreement, or contract of purchase or
sale, other |
15 | | than for actual damage done to the premises by the dog.
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16 | | (Source: P.A. 99-143, eff. 7-27-15.)
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17 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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18 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 |
19 | | shall
prohibit:
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20 | | (A) Private Sales of Single Family Homes. |
21 | | (1) Any sale of a single
family home by its owner so |
22 | | long as the following criteria are met:
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23 | | (a) The owner does not own or have a beneficial |
24 | | interest in more
than 3 three single family homes at |
25 | | the time of the sale;
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1 | | (b) The owner or a member of the owner's his or her |
2 | | family was the last current
resident of the home;
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3 | | (c) The home is sold without the use in any manner |
4 | | of the sales or
rental facilities or services of any |
5 | | real estate broker or salesman, or
of any employee or |
6 | | agent of any real estate broker or salesman;
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7 | | (d) The home is sold without the publication, |
8 | | posting or mailing,
after notice, of any advertisement |
9 | | or written notice in violation of
paragraph (F) of |
10 | | Section 3-102.
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11 | | (2) This exemption does not apply to paragraph (F) of |
12 | | Section 3-102.
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13 | | (B) Apartments. Rental of a housing accommodation in a |
14 | | building
which contains housing accommodations for not more |
15 | | than 4 families
living independently of each other, if the |
16 | | owner resides in one of the housing accommodations.
This |
17 | | exemption does not apply to paragraph (F) of Section 3-102.
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18 | | (C) Private Rooms. Rental of a room or rooms in a private |
19 | | home by
an owner if the owner he or she or a member of the |
20 | | owner's his or her family resides therein or,
while absent for |
21 | | a period of not more than 12 twelve months, if the owner he or |
22 | | she or a
member of the owner's his or her family intends to |
23 | | return to reside therein.
This exemption does not apply to |
24 | | paragraph (F) of Section 3-102.
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25 | | (D) Reasonable local, State, or Federal restrictions
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26 | | regarding the maximum number of occupants permitted to occupy |
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1 | | a dwelling.
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2 | | (E) Religious Organizations. A religious organization, |
3 | | association,
or society, or any nonprofit institution or |
4 | | organization operated,
supervised or controlled by or in |
5 | | conjunction with a religious
organization, association, or |
6 | | society, from limiting the sale, rental or
occupancy of a |
7 | | dwelling which it owns or operates for other than a
commercial |
8 | | purpose to persons of the same religion, or from giving
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9 | | preference to such persons, unless membership in such religion |
10 | | is
restricted on account of race, color, or national origin.
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11 | | (F) Sex. Restricting the rental of rooms in a housing |
12 | | accommodation to
persons of one sex.
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13 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct |
14 | | against a person because such person has been convicted by
any |
15 | | court of competent jurisdiction of the illegal manufacture or
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16 | | distribution of a controlled substance as defined in Section |
17 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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18 | | (H) Persons engaged in the business of furnishing |
19 | | appraisals of real
property from taking into consideration |
20 | | factors other than those based on
unlawful discrimination or |
21 | | familial status or source of income in furnishing appraisals.
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22 | | (H-1) The owner of an owner-occupied residential building |
23 | | with 4 or
fewer units (including the unit in which the owner |
24 | | resides) from making
decisions regarding whether to rent to a |
25 | | person based upon that person's
sexual orientation.
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26 | | (I) Housing for Older Persons. No provision in this |
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1 | | Article regarding
familial status shall apply with respect to |
2 | | housing for older persons.
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3 | | (1) As used in this Section, "housing for older |
4 | | persons" means housing:
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5 | | (a) provided under any State or Federal program |
6 | | that the Department
determines is specifically |
7 | | designed and operated to assist elderly persons
(as |
8 | | defined in the State or Federal program); or
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9 | | (b) intended for, and solely occupied by, persons |
10 | | 62 years of age or
older;
or
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11 | | (c) intended and operated for occupancy by persons |
12 | | 55 years of age or
older and:
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13 | | (i) at least 80% of the occupied units are |
14 | | occupied by at
least one person who is 55 years of |
15 | | age or older;
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16 | | (ii) the housing facility or community |
17 | | publishes and adheres to
policies and procedures
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18 | | that demonstrate the intent required under this
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19 | | subdivision (c); and
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20 | | (iii) the housing facility or community |
21 | | complies with rules adopted by
the
Department for |
22 | | verification of occupancy, which shall:
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23 | | (aa) provide for verification by reliable |
24 | | surveys and affidavits;
and
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25 | | (bb) include examples of the types of |
26 | | policies and procedures
relevant to
a |
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1 | | determination of compliance with the |
2 | | requirement of clause (ii).
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3 | | These surveys and affidavits shall be admissible in |
4 | | administrative and
judicial proceedings for the purposes |
5 | | of such verification.
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6 | | (2) Housing shall not fail to meet the requirements |
7 | | for housing for
older persons by reason of:
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8 | | (a) persons residing in such housing as of the |
9 | | effective date of this
amendatory Act of 1989 who do |
10 | | not meet the age requirements of subsections
(1)(b) or |
11 | | (c); provided, that new occupants of such housing meet |
12 | | the age
requirements of
subsections (1)(b) or (c) of |
13 | | this subsection; or
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14 | | (b) unoccupied units; provided, that such units |
15 | | are reserved for
occupancy by persons who meet the age |
16 | | requirements of subsections (1)(b)
or (c) of this |
17 | | subsection.
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18 | | (3)(a) A person shall not be held personally liable |
19 | | for monetary damages
for a violation of this Article if |
20 | | the person reasonably relied, in good
faith, on the |
21 | | application of the exemption under this subsection (I) |
22 | | relating
to housing for older persons.
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23 | | (b) For the purposes of this item (3), a person may |
24 | | show good faith
reliance on the application of the |
25 | | exemption only by showing that:
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26 | | (i) the person has no actual knowledge that the |
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1 | | facility or community
is
not, or will not be, eligible |
2 | | for the exemption; and
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3 | | (ii) the facility or community has stated |
4 | | formally, in writing, that
the
facility or community |
5 | | complies with the requirements for the exemption.
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6 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child |
7 | | sex offender who owns and resides at residential real estate |
8 | | to rent any residential unit within the same building in which |
9 | | the child sex offender he or she resides to a person who is the |
10 | | parent or guardian of a child or children under 18 years of |
11 | | age. |
12 | | (K) Arrest Records. Inquiry into or the use of an arrest |
13 | | record if the inquiry or use is otherwise authorized by State |
14 | | or federal law. |
15 | | (L) Financial Institutions. A financial institution as |
16 | | defined in Article 4 from considering source of income or |
17 | | immigration status in a real estate transaction in compliance |
18 | | with State or federal law. |
19 | | (M) Immigration Status. Inquiry into or the use of |
20 | | immigration status if the inquiry or use is in compliance with |
21 | | State or federal law. |
22 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
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