Illinois General Assembly - Full Text of SB2990
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Full Text of SB2990  103rd General Assembly

SB2990 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2990

 

Introduced 1/31/2024, by Sen. Mike Simmons

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/3-102  from Ch. 68, par. 3-102
775 ILCS 5/3-106  from Ch. 68, par. 3-106

    Amends the Illinois Human Rights Act. Makes it a violation of the Real Estate Transactions Article of the Act to unlawfully discriminate using credit score and history, including insufficient credit history. Limits these provisions to landlord and tenant agreements only.


LRB103 38614 JRC 68751 b

 

 

A BILL FOR

 

SB2990LRB103 38614 JRC 68751 b

1    AN ACT concerning property.
 
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 3-102 and 3-106 as follows:
 
6    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
7    Sec. 3-102. Civil rights violations; real estate
8transactions and other prohibited acts. It is a civil rights
9violation for an owner or any other person, or for a real
10estate broker or salesman, because of unlawful discrimination,
11familial status, immigration status, source of income, credit
12score and history including insufficient credit history, or an
13arrest record, as defined under subsection (B-5) of Section
141-103, to:
15        (A) Transactions. Refuse to engage in a real estate
16    transaction with a person or to discriminate in making
17    available such a transaction;
18        (B) Terms. Alter the terms, conditions or privileges
19    of a real estate transaction or in the furnishing of
20    facilities or services in connection therewith;
21        (C) Offers. Refuse to receive or to fail to transmit a
22    bona fide offer in a real estate transaction from a
23    person;

 

 

SB2990- 2 -LRB103 38614 JRC 68751 b

1        (D) Negotiation. Refuse to negotiate a real estate
2    transaction with a person;
3        (E) Representations. Represent to a person that real
4    property is not available for inspection, sale, rental, or
5    lease when in fact it is so available, or to fail to bring
6    a property listing to the person's attention, or to refuse
7    to permit the person to inspect real property;
8        (F) Publication of Intent. Make, print, circulate,
9    post, mail, publish or cause to be made, printed,
10    circulated, posted, mailed, or published any notice,
11    statement, advertisement or sign, or use a form of
12    application for a real estate transaction, or make a
13    record or inquiry in connection with a prospective real
14    estate transaction, that indicates any preference,
15    limitation, or discrimination based on unlawful
16    discrimination or unlawful discrimination based on
17    familial status, immigration status, source of income, or
18    an arrest record, or an intention to make any such
19    preference, limitation, or discrimination;
20        (G) Listings. Offer, solicit, accept, use or retain a
21    listing of real property with knowledge that unlawful
22    discrimination or discrimination on the basis of familial
23    status, immigration status, source of income, or an arrest
24    record in a real estate transaction is intended.
25(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
 

 

 

SB2990- 3 -LRB103 38614 JRC 68751 b

1    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
2    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
3shall prohibit:
4    (A) Private Sales of Single Family Homes.
5        (1) Any sale of a single family home by its owner so
6    long as the following criteria are met:
7            (a) The owner does not own or have a beneficial
8        interest in more than 3 single family homes at the time
9        of the sale;
10            (b) The owner or a member of the owner's family was
11        the last current resident of the home;
12            (c) The home is sold without the use in any manner
13        of the sales or rental facilities or services of any
14        real estate broker or salesman, or of any employee or
15        agent of any real estate broker or salesman;
16            (d) The home is sold without the publication,
17        posting or mailing, after notice, of any advertisement
18        or written notice in violation of paragraph (F) of
19        Section 3-102.
20        (2) This exemption does not apply to paragraph (F) of
21    Section 3-102.
22    (B) Apartments. Rental of a housing accommodation in a
23building which contains housing accommodations for not more
24than 4 families living independently of each other, if the
25owner resides in one of the housing accommodations. This
26exemption does not apply to paragraph (F) of Section 3-102.

 

 

SB2990- 4 -LRB103 38614 JRC 68751 b

1    (C) Private Rooms. Rental of a room or rooms in a private
2home by an owner if the owner or a member of the owner's family
3resides therein or, while absent for a period of not more than
412 months, if the owner or a member of the owner's family
5intends to return to reside therein. This exemption does not
6apply to paragraph (F) of Section 3-102.
7    (D) Reasonable local, State, or Federal restrictions
8regarding the maximum number of occupants permitted to occupy
9a dwelling.
10    (E) Religious Organizations. A religious organization,
11association, or society, or any nonprofit institution or
12organization operated, supervised or controlled by or in
13conjunction with a religious organization, association, or
14society, from limiting the sale, rental or occupancy of a
15dwelling which it owns or operates for other than a commercial
16purpose to persons of the same religion, or from giving
17preference to such persons, unless membership in such religion
18is restricted on account of race, color, or national origin.
19    (F) Sex. Restricting the rental of rooms in a housing
20accommodation to persons of one sex.
21    (G) Persons Convicted of Drug-Related Offenses. Conduct
22against a person because such person has been convicted by any
23court of competent jurisdiction of the illegal manufacture or
24distribution of a controlled substance as defined in Section
25102 of the federal Controlled Substances Act (21 U.S.C. 802).
26    (H) Persons engaged in the business of furnishing

 

 

SB2990- 5 -LRB103 38614 JRC 68751 b

1appraisals of real property from taking into consideration
2factors other than those based on unlawful discrimination or
3familial status or source of income in furnishing appraisals.
4    (H-1) The owner of an owner-occupied residential building
5with 4 or fewer units (including the unit in which the owner
6resides) from making decisions regarding whether to rent to a
7person based upon that person's sexual orientation.
8    (I) Housing for Older Persons. No provision in this
9Article regarding familial status shall apply with respect to
10housing for older persons.
11        (1) As used in this Section, "housing for older
12    persons" means housing:
13            (a) provided under any State or Federal program
14        that the Department determines is specifically
15        designed and operated to assist elderly persons (as
16        defined in the State or Federal program); or
17            (b) intended for, and solely occupied by, persons
18        62 years of age or older; or
19            (c) intended and operated for occupancy by persons
20        55 years of age or older and:
21                (i) at least 80% of the occupied units are
22            occupied by at least one person who is 55 years of
23            age or older;
24                (ii) the housing facility or community
25            publishes and adheres to policies and procedures
26            that demonstrate the intent required under this

 

 

SB2990- 6 -LRB103 38614 JRC 68751 b

1            subdivision (c); and
2                (iii) the housing facility or community
3            complies with rules adopted by the Department for
4            verification of occupancy, which shall:
5                    (aa) provide for verification by reliable
6                surveys and affidavits; and
7                    (bb) include examples of the types of
8                policies and procedures relevant to a
9                determination of compliance with the
10                requirement of clause (ii).
11        These surveys and affidavits shall be admissible in
12    administrative and judicial proceedings for the purposes
13    of such verification.
14        (2) Housing shall not fail to meet the requirements
15    for housing for older persons by reason of:
16            (a) persons residing in such housing as of the
17        effective date of this amendatory Act of 1989 who do
18        not meet the age requirements of subsections (1)(b) or
19        (c); provided, that new occupants of such housing meet
20        the age requirements of subsections (1)(b) or (c) of
21        this subsection; or
22            (b) unoccupied units; provided, that such units
23        are reserved for occupancy by persons who meet the age
24        requirements of subsections (1)(b) or (c) of this
25        subsection.
26        (3)(a) A person shall not be held personally liable

 

 

SB2990- 7 -LRB103 38614 JRC 68751 b

1    for monetary damages for a violation of this Article if
2    the person reasonably relied, in good faith, on the
3    application of the exemption under this subsection (I)
4    relating to housing for older persons.
5        (b) For the purposes of this item (3), a person may
6    show good faith reliance on the application of the
7    exemption only by showing that:
8            (i) the person has no actual knowledge that the
9        facility or community is not, or will not be, eligible
10        for the exemption; and
11            (ii) the facility or community has stated
12        formally, in writing, that the facility or community
13        complies with the requirements for the exemption.
14    (J) Child Sex Offender Refusal to Rent. Refusal of a child
15sex offender who owns and resides at residential real estate
16to rent any residential unit within the same building in which
17the child sex offender resides to a person who is the parent or
18guardian of a child or children under 18 years of age.
19    (K) Arrest Records. Inquiry into or the use of an arrest
20record if the inquiry or use is otherwise authorized by State
21or federal law.
22    (L) Financial Institutions. A financial institution as
23defined in Article 4 from considering source of income or
24immigration status in a real estate transaction in compliance
25with State or federal law.
26    (M) Immigration Status. Inquiry into or the use of

 

 

SB2990- 8 -LRB103 38614 JRC 68751 b

1immigration status if the inquiry or use is in compliance with
2State or federal law.
3    (N
) Credit Reports. The consideration and use of credit
4scores and credit history including insufficient credit
5history is prohibited only for landlord and tenant agreements.
6(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)