(775 ILCS 5/3-102.1)
(from Ch. 68, par. 3-102.1)
(A) It is a civil rights violation to refuse
to sell or rent or to otherwise
make unavailable or deny a dwelling to any buyer or renter because of a
disability of that buyer or renter, a disability of a person residing or intending
to reside in that dwelling after it is sold, rented or made available or
a disability of any person associated with the buyer or renter.
(B) It is a civil rights violation to alter the terms, conditions or privileges
of sale or rental of a dwelling or the provision of services or facilities
in connection with such dwelling because of a disability of a person with a disability
or a disability of any person residing or intending to reside in that dwelling
after it is sold, rented or made available, or a disability of any person associated
with that person.
(C) It is a civil rights violation:
(1) to refuse to permit, at the expense of the
person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before modifications, reasonable wear and tear excepted. The landlord may not increase for persons with a disability any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained;
(2) to refuse to make reasonable accommodations in
rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(3) in connection with the design and construction of
covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in such a manner that:
(a) the public use and common use portions of
such dwellings are readily accessible to and usable by persons with a disability;
(b) all the doors designed to allow passage into
and within all premises within such dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; and
(c) all premises within such dwellings contain
the following features of adaptive design:
(i) an accessible route into and through the
(ii) light switches, electrical outlets,
thermostats, and other environmental controls in accessible locations;
(iii) reinforcements in bathroom walls to
allow later installation of grab bars; and
(iv) usable kitchens and bathrooms such that
an individual in a wheelchair can maneuver about the space.
(D) Compliance with the appropriate standards of the Illinois Accessibility
Code for adaptable dwelling units (71 Illinois Administrative Code Section 400.350 (e)
1-6) suffices to satisfy the requirements of subsection (C)(3)(c).
(E) If a unit of local government has incorporated into its law the
requirements set forth in subsection (C)(3), compliance
with its law shall be deemed to satisfy the requirements of that subsection.
(F) A unit of local government may review and approve newly constructed
covered multifamily dwellings for the purpose of making determinations as
to whether the design and construction requirements
of subsection (C)(3) are met.
(G) The Department shall encourage, but may not require, units of local
government to include in their existing procedures for the review and
approval of newly constructed covered multifamily dwellings, determinations
as to whether the design and construction of such dwellings are consistent
with subsection (C)(3), and shall provide technical
assistance to units of local government and other persons to implement the
requirements of subsection (C)(3).
(H) Nothing in this Act shall be construed to require the Department
to review or approve the plans, designs or construction of all covered
multifamily dwellings to determine whether the design and construction of
such dwellings are consistent with the requirements of
(I) Nothing in subsections (E), (F), (G) or (H) shall be construed to
affect the authority
and responsibility of the Department to receive and
process complaints or otherwise engage in enforcement activities under
State and local law.
(J) Determinations by a unit of local government under subsections (E)
and (F) shall not be conclusive in enforcement proceedings under this Act
if those determinations are not in accord with the terms of this Act.
(K) Nothing in this Section requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health
or safety of others or would result in substantial physical damage to the
property of others.
(Source: P.A. 95-668, eff. 10-10-07.)