97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1551

 

Introduced 2/15/2011, by Rep. Karen A. Yarbrough

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/3-102  from Ch. 68, par. 3-102
775 ILCS 5/8A-104  from Ch. 68, par. 8A-104
775 ILCS 5/8B-104  from Ch. 68, par. 8B-104

    Amends the Illinois Human Rights Act. With respect to real estate transactions, prohibits discrimination on the basis of source of income in relation to residential rental real estate transactions. In provisions making it is a civil rights violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of unlawful discrimination or familial status or source of income, to engage in certain activities, provides that those provisions do not: (i) require a housing authority or housing development project in which 25% or more of the units are owned by a housing authority or subject to a leasing agreement, regulatory and operating agreement, or other similar instrument with a housing authority to lease or rent another unit of that same housing development project to an existing or prospective tenant who is receiving subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part or all of the rent for the unit; (ii) require or prevent, with specified exceptions, any person whose property is located in a municipality with fewer than 1,000,000 inhabitants and is in a concentrated census tract where 3% of the total housing stock in that census tract is occupied by tenants relying on subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part of the rent for the unit to lease or rent a unit to a prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part or all of the rent for the unit (the housing authority shall determine which census tracts within its service area meet the concentrated census tract exemption requirements and annually deliver that information to the municipalities within its jurisdiction); or (iii) prevent an owner or agent from taking into consideration factors other than lawful source of income such as credit history, criminal history, or references. Makes other changes. Effective January 31, 2012.


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A BILL FOR

 

HB1551LRB097 08241 AJO 48367 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 1-102, 1-103, 3-102, 8A-104, and 8B-104 as
6follows:
 
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    Sec. 1-102. Declaration of Policy. It is the public policy
9of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for all
11individuals within Illinois the freedom from discrimination
12against any individual because of his or her race, color,
13religion, sex, national origin, ancestry, age, order of
14protection status, marital status, physical or mental
15disability, military status, sexual orientation, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (D) Freedom from Discrimination Based on Familial
4Status-Real Estate Transactions. To prevent discrimination
5based on familial status in real estate transactions.
6    (D-1) Freedom from Discrimination Based on Source of
7Income-Residential Rental Real Estate Transactions. To prevent
8discrimination based on source of income in residential rental
9real estate transactions.
10    (E) Public Health, Welfare and Safety. To promote the
11public health, welfare and safety by protecting the interest of
12all people in Illinois in maintaining personal dignity, in
13realizing their full productive capacities, and in furthering
14their interests, rights and privileges as citizens of this
15State.
16    (F) Implementation of Constitutional Guarantees. To secure
17and guarantee the rights established by Sections 17, 18 and 19
18of Article I of the Illinois Constitution of 1970.
19    (G) Equal Opportunity, Affirmative Action. To establish
20Equal Opportunity and Affirmative Action as the policies of
21this State in all of its decisions, programs and activities,
22and to assure that all State departments, boards, commissions
23and instrumentalities rigorously take affirmative action to
24provide equality of opportunity and eliminate the effects of
25past discrimination in the internal affairs of State government
26and in their relations with the public.

 

 

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1    (H) Unfounded Charges. To protect citizens of this State
2against unfounded charges of unlawful discrimination, sexual
3harassment in employment and sexual harassment in elementary,
4secondary, and higher education, and discrimination based on
5citizenship status in employment.
6(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
796-1319, eff. 7-27-10.)
 
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General Definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training or
15apprenticeship programs, for the purposes of Section 2-102,
16"age" means the chronological age of a person who is 18 but not
17yet 40 years old.
18    (B) Aggrieved Party. "Aggrieved party" means a person who
19is alleged or proved to have been injured by a civil rights
20violation or believes he or she will be injured by a civil
21rights violation under Article 3 that is about to occur.
22    (C) Charge. "Charge" means an allegation filed with the
23Department by an aggrieved party or initiated by the Department
24under its authority.
25    (D) Civil Rights Violation. "Civil rights violation"

 

 

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1includes and shall be limited to only those specific acts set
2forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
33-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
46-101, and 6-102 of this Act.
5    (E) Commission. "Commission" means the Human Rights
6Commission created by this Act.
7    (F) Complaint. "Complaint" means the formal pleading filed
8by the Department with the Commission following an
9investigation and finding of substantial evidence of a civil
10rights violation.
11    (G) Complainant. "Complainant" means a person including
12the Department who files a charge of civil rights violation
13with the Department or the Commission.
14    (H) Department. "Department" means the Department of Human
15Rights created by this Act.
16    (I) Disability. "Disability" means a determinable physical
17or mental characteristic of a person, including, but not
18limited to, a determinable physical characteristic which
19necessitates the person's use of a guide, hearing or support
20dog, the history of such characteristic, or the perception of
21such characteristic by the person complained against, which may
22result from disease, injury, congenital condition of birth or
23functional disorder and which characteristic:
24        (1) For purposes of Article 2 is unrelated to the
25    person's ability to perform the duties of a particular job
26    or position and, pursuant to Section 2-104 of this Act, a

 

 

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1    person's illegal use of drugs or alcohol is not a
2    disability;
3        (2) For purposes of Article 3, is unrelated to the
4    person's ability to acquire, rent or maintain a housing
5    accommodation;
6        (3) For purposes of Article 4, is unrelated to a
7    person's ability to repay;
8        (4) For purposes of Article 5, is unrelated to a
9    person's ability to utilize and benefit from a place of
10    public accommodation.
11    (I-5) Housing authority. "Housing authority" means either
12a housing authority created under the Housing Authorities Act
13or other government agency that is authorized by the United
14States government under the United States Housing Act of 1937
15to administer a housing choice voucher program, or the
16authorized agent of such a housing authority that is authorized
17to act upon that authority's behalf.
18    (J) Marital Status. "Marital status" means the legal status
19of being married, single, separated, divorced or widowed.
20    (J-1) Military Status. "Military status" means a person's
21status on active duty in or status as a veteran of the armed
22forces of the United States, status as a current member or
23veteran of any reserve component of the armed forces of the
24United States, including the United States Army Reserve, United
25States Marine Corps Reserve, United States Navy Reserve, United
26States Air Force Reserve, and United States Coast Guard

 

 

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1Reserve, or status as a current member or veteran of the
2Illinois Army National Guard or Illinois Air National Guard.
3    (K) National Origin. "National origin" means the place in
4which a person or one of his or her ancestors was born.
5    (K-5) "Order of protection status" means a person's status
6as being a person protected under an order of protection issued
7pursuant to the Illinois Domestic Violence Act of 1986 or an
8order of protection issued by a court of another state.
9    (L) Person. "Person" includes one or more individuals,
10partnerships, associations or organizations, labor
11organizations, labor unions, joint apprenticeship committees,
12or union labor associations, corporations, the State of
13Illinois and its instrumentalities, political subdivisions,
14units of local government, legal representatives, trustees in
15bankruptcy or receivers.
16    (M) Public Contract. "Public contract" includes every
17contract to which the State, any of its political subdivisions
18or any municipal corporation is a party.
19    (N) Religion. "Religion" includes all aspects of religious
20observance and practice, as well as belief, except that with
21respect to employers, for the purposes of Article 2, "religion"
22has the meaning ascribed to it in paragraph (F) of Section
232-101.
24    (O) Sex. "Sex" means the status of being male or female.
25    (O-1) Sexual orientation. "Sexual orientation" means
26actual or perceived heterosexuality, homosexuality,

 

 

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1bisexuality, or gender-related identity, whether or not
2traditionally associated with the person's designated sex at
3birth. "Sexual orientation" does not include a physical or
4sexual attraction to a minor by an adult.
5    (O-5) Source of Income. "Source of income" means any lawful
6income, subsidy, or benefit with which an individual supports
7himself or herself and his or her dependents, including, but
8not limited to, child support, maintenance, and any federal,
9State, or local public assistance, medical assistance, or
10rental assistance program.
11    (P) Unfavorable Military Discharge. "Unfavorable military
12discharge" includes discharges from the Armed Forces of the
13United States, their Reserve components or any National Guard
14or Naval Militia which are classified as RE-3 or the equivalent
15thereof, but does not include those characterized as RE-4 or
16"Dishonorable".
17    (Q) Unlawful Discrimination. "Unlawful discrimination"
18means discrimination against a person because of his or her
19race, color, religion, national origin, ancestry, age, sex,
20marital status, order of protection status, disability,
21military status, sexual orientation, or unfavorable discharge
22from military service as those terms are defined in this
23Section.
24(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07;
2595-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff.
261-1-10.)
 

 

 

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1    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
2    Sec. 3-102. Civil Rights Violations; Real Estate
3Transactions) It is a civil rights violation for an owner or
4any other person engaging in a real estate transaction, or for
5a real estate broker or salesman, because of unlawful
6discrimination or familial status or source of income in
7connection with residential rental real estate transactions,
8to
9    (A) Transaction. Refuse to engage in a real estate
10transaction with a person or to discriminate in making
11available such a transaction;
12    (B) Terms. Alter the terms, conditions or privileges of a
13real estate transaction or in the furnishing of facilities or
14services in connection therewith;
15    (C) Offer. Refuse to receive or to fail to transmit a bona
16fide offer to engage in a real estate transaction from a
17person;
18    (D) Negotiation. Refuse to negotiate for a real estate
19transaction with a person;
20    (E) Representations. Represent to a person that real
21property is not available for inspection, sale, rental, or
22lease when in fact it is so available, or to fail to bring a
23property listing to his or her attention, or to refuse to
24permit him or her to inspect real property;
25    (F) Publication of Intent. Print, circulate, post, mail,

 

 

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1publish or cause to be so published a written or oral
2statement, advertisement or sign, or to use a form of
3application for a real estate transaction, or to make a record
4or inquiry in connection with a prospective real estate
5transaction, which expresses any limitation founded upon, or
6indicates, directly or indirectly, an intent to engage in
7unlawful discrimination;
8    (G) Listings. Offer, solicit, accept, use or retain a
9listing of real property with knowledge that unlawful
10discrimination or discrimination on the basis of familial
11status in a real estate transaction is intended.
12    Nothing in this Section 3-102 or in any municipal or county
13ordinance described in Section 7-108 of this Act shall require
14a housing authority, its designated property manager, or any
15other housing authority agents or assigns of any housing
16development project in which 25% or more of the units are owned
17by a housing authority or subject to a leasing agreement,
18regulatory and operating agreement, or other similar
19instrument with a housing authority to lease or rent another
20unit of that same housing development project to an existing or
21prospective tenant who is receiving subsidies, payment
22assistance, contributions, or vouchers under or in connection
23with the federal Housing Choice Voucher (also known as Section
248) program (42 U.S.C. 1437f) for payment of part or all of the
25rent for the unit.
26    Nothing in this Section 3-102, except with respect to

 

 

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1written statements prohibited by subdivision (F) of this
2Section, shall require or prevent any person whose property is
3located in a municipality with fewer than 1,000,000
4inhabitants, and is in a concentrated census tract where 3% of
5the total housing stock in that census tract is occupied by
6tenants relying on subsidies, payment assistance,
7contributions, or vouchers under or in connection with the
8federal Housing Choice Voucher (also known as Section 8)
9program (42 U.S.C. 1437f) for payment of part of the rent for
10the unit to lease or rent a unit to a prospective tenant who is
11relying on such a subsidy, payment assistance, contribution, or
12voucher for payment of part or all of the rent for the unit.
13The housing authority shall determine which census tracts
14within its service area meet the concentrated census tract
15exemption requirements and annually deliver that information
16to the municipalities within its jurisdiction.
17    Nothing in this Section 3-102 prevents an owner or agent
18from taking into consideration factors other than lawful source
19of income such as credit history, criminal history, or
20references.
21    Nothing in this Section 3-102 shall require or prevent any
22person whose property fails to meet federal Housing Quality
23Standards in connection with the federal Housing Choice Voucher
24(also known as Section 8) program (42 U.S.C. 1437f) to lease or
25rent a unit to a prospective tenant who is relying on such a
26subsidy, payment assistance, contribution, or voucher for

 

 

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1payment of part or all of the rent for such unit.
2(Source: P.A. 86-910.)
 
3    (775 ILCS 5/8A-104)  (from Ch. 68, par. 8A-104)
4    Sec. 8A-104. Relief; Penalties. Upon finding a civil rights
5violation, a hearing officer may recommend and the Commission
6or any three-member panel thereof may provide for any relief or
7penalty identified in this Section, separately or in
8combination, by entering an order directing the respondent to:
9    (A) Cease and Desist Order. Cease and desist from any
10violation of this Act.
11    (B) Actual Damages. Pay actual damages, as reasonably
12determined by the Commission, for injury or loss suffered by
13the complainant.
14    (C) Hiring; Reinstatement; Promotion; Backpay; Fringe
15Benefits. Hire, reinstate or upgrade the complainant with or
16without back pay or provide such fringe benefits as the
17complainant may have been denied.
18    (D) Restoration of Membership; Admission To Programs.
19Admit or restore the complainant to labor organization
20membership, to a guidance program, apprenticeship training
21program, on the job training program, or other occupational
22training or retraining program.
23    (E) Public Accommodations. Admit the complainant to a
24public accommodation.
25    (F) Services. Extend to the complainant the full and equal

 

 

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1enjoyment of the goods, services, facilities, privileges,
2advantages, or accommodations of the respondent.
3    (G) Attorneys Fees; Costs. Pay to the complainant all or a
4portion of the costs of maintaining the action, including
5reasonable attorney fees and expert witness fees incurred in
6maintaining this action before the Department, the Commission
7and in any judicial review and judicial enforcement
8proceedings. Provided, however, that no award of attorney fees
9or costs shall be made pursuant to this amendatory Act of 1987
10with respect to any charge for which the complaint before the
11Commission was filed prior to December 1, 1987. With respect to
12all charges for which complaints were filed with the Commission
13prior to December 1, 1987, attorney fees and costs shall be
14awarded pursuant to the terms of this subsection as it existed
15prior to revision by this amendatory Act of 1987.
16    (H) Compliance Report. Report as to the manner of
17compliance.
18    (I) Posting of Notices. Post notices in a conspicuous place
19which the Commission may publish or cause to be published
20setting forth requirements for compliance with this Act or
21other relevant information which the Commission determines
22necessary to explain this Act.
23    (I-1) Training. Participate in training by the Department
24or other such training as is necessary to prevent future civil
25rights violations.
26    (J) Make Complainant Whole. Take such action as may be

 

 

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1necessary to make the individual complainant whole, including,
2but not limited to, awards of interest on the complainant's
3actual damages and backpay from the date of the civil rights
4violation. Provided, however, that no award of prejudgment
5interest shall be made pursuant to this amendatory Act of 1987
6with respect to any charge in which the complaint before the
7Commission was filed prior to December 1, 1987. With respect to
8all charges for which complaints were filed with the Commission
9prior to December 1, 1987, make whole relief shall be awarded
10pursuant to this subsection as it existed prior to revision by
11this amendatory Act of 1987.
12    There shall be no distinction made under this Section
13between complaints filed by the Department and those filed by
14the aggrieved party.
15(Source: P.A. 86-910.)
 
16    (775 ILCS 5/8B-104)  (from Ch. 68, par. 8B-104)
17    Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
18violation, a hearing officer may recommend and the Commission
19or any three-member panel thereof may provide for any relief or
20penalty identified in this Section, separately or in
21combination, by entering an order directing the respondent to:
22    (A) Cease and Desist Order. Cease and desist from any
23violation of this Act.
24    (B) Actual Damages. Pay actual damages, as reasonably
25determined by the Commission, for injury or loss suffered by

 

 

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1the complainant.
2    (C) Civil Penalty. Pay a civil penalty to vindicate the
3public interest:
4    (i) in an amount not exceeding $10,000 if the respondent
5has not been adjudged to have committed any prior civil rights
6violation under Article 3;
7    (ii) in an amount not exceeding $25,000 if the respondent
8has been adjudged to have committed one other civil rights
9violation under Article 3 during the 5-year period ending on
10the date of the filing of this charge; and
11    (iii) in an amount not exceeding $50,000 if the respondent
12has been adjudged to have committed 2 or more civil rights
13violations under Article 3 during the 7-year period ending on
14the date of the filing of this charge; except that if the acts
15constituting the civil rights violation that is the object of
16the charge are committed by the same natural person who has
17been previously adjudged to have committed acts constituting a
18civil rights violation under Article 3, then the civil
19penalties set forth in subparagraphs (ii) and (iii) may be
20imposed without regard to the period of time within which any
21subsequent civil rights violation under Article 3 occurred.
22    (D) Attorney Fees; Costs. Pay to the complainant all or a
23portion of the costs of maintaining the action, including
24reasonable attorneys fees and expert witness fees incurred in
25maintaining this action before the Department, the Commission
26and in any judicial review and judicial enforcement

 

 

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1proceedings.
2    (E) Compliance Report. Report as to the manner of
3compliance.
4    (F) Posting of Notices. Post notices in a conspicuous place
5which the Commission may publish or cause to be published
6setting forth requirements for compliance with this Act or
7other relevant information which the Commission determines
8necessary to explain this Act.
9    (F-1) Training. Participate in Fair Housing training by the
10Department or other such training as is necessary to prevent
11future civil rights violations.
12    (G) Make Complainant Whole. Take such action as may be
13necessary to make the individual complainant whole, including,
14but not limited to, awards of interest on the complainant's
15actual damages from the date of the civil rights violation.
16(Source: P.A. 86-910.)
 
17    Section 99. Effective date. This Act takes effect January
1831, 2012.