Section 2300.10  Definitions

 

For purposes of this Part, the following terms shall have the meanings indicated:

 

"Act" − the Illinois Human Rights Act [775 ILCS 5].

 

"Department" – the Illinois Department of Human Rights.

 

"Director" – the Director of the Department or a duly authorized designee.

 

"Housing facility or community" – any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions.  A portion or portions of a single building shall not constitute a housing facility or community.  Examples of a housing facility or community include, but are not limited to:

 

A condominium association;

 

A cooperative;

 

A property governed by a homeowners' or residents' association;

 

A municipally zoned area;

 

A leased property under common private ownership;

 

A mobile home park; and

 

A manufactured housing community.

 

(Source:  Amended at 36 Ill. Reg. 8731, effective May 30, 2012)

 

Section 2300.30  Exemptions

 

a)         It shall not be a civil rights violation to restrict rental of rooms in a housing accommodation, including housing used exclusively for dormitory facilities by educational institutions, to persons of one sex to further important privacy interests.

 

b)         As used in Section 3-106 of the Act, the phrase "member of his or her family" shall include the person's mother, father, spouse, son, or daughter.

 

(Source:  Amended at 29 Ill. Reg. 13808, effective August 25, 2005)

 

Section 2300.35  Housing for Older Persons

 

a)         Housing for older persons pursuant to Section 3-106(I)(1)(a) of the Act.  To ascertain whether housing for older persons provided under a federal program is "specifically designed and operated to assist elderly persons", the Department will obtain a determination from the U.S. Department of Housing and Urban Development as to whether the housing is in accordance with federal law, regulations and standards.

 

b)         Verification of occupancy pursuant to Section 3-106(I)(1)(c)(iii)(aa) of the Act.

 

1)         In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce, in response to a charge filed under Article 3 of the Act, verification of compliance through reliable surveys and/or affidavits.

 

2)         A facility or community shall, by January 27, 2009, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older.  These procedures may be part of a normal leasing or purchasing arrangement.

 

3)         The procedures described in subsection (b)(2) of this Section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community.  The updates must take place at least once every two years.

 

4)         Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:

 

A)        Driver's license;

 

B)        Birth certificate;

 

C)        Passport;

 

D)        Immigration card;

 

E)        Military identification;

 

F)         Any other state, local, national or international official documents containing a birth date of comparable reliability; or

 

G)        A certification in a lease, application, affidavit or other document signed by any member of the household age 18 or older asserting that at least one person in the unit is 55 years of age or older.

 

5)         A facility or community shall consider any one of the forms of verification identified in subsection (b)(4) as adequate for verification of age, provided that it contains specific information about current age or date of birth.

 

6)         The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this Section.

 

7)         If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older.  Acceptable evidence may include:

 

A)        Government records or documents, such as a local household census;

 

B)        Prior forms or applications; or

 

C)        A statement from an individual who has personal knowledge of the age of the occupants.  The individual's statement must set forth the basis for that knowledge and be signed under the penalty of perjury.

 

8)         A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

 

c)         Examples of the types of policies and procedures relevant to a determination of compliance pursuant to Section 3-106(I)(1)(c)(iii)(bb) of the Act.

 

1)         In order for a housing facility or community to qualify as housing designed for persons who are 55 years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older.  The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

 

A)        The manner in which the housing facility or community is described to prospective residents;

 

B)        Any advertising designed to attract prospective residents;

 

C)        Lease provisions;

 

D)        Written rules, regulations, covenants, deed or other restrictions;

 

E)        The maintenance and consistent application of relevant procedures;

 

F)         Actual practices of the housing facility or community; and

 

G)        Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.

 

2)         Phrases such as "adult living", "adult community" or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older.

 

3)         If there is language in a deed or other housing facility or community documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the Department shall consider documented evidence of a good faith attempt to remove that language in determining whether the housing facility or community complies with the requirements of this Section, in conjunction with other evidence of intent.

 

4)         A housing facility or community may allow occupancy by families with children as long as the requirements of Section 3-106(I)(1)(c)(i) of the Act and subsection (c)(1) of this Section are met.

 

(Source:  Amended at 32 Ill. Reg. 13497, effective August 1, 2008)

 

Section 2300.40  Verified Response to Charge

 

a)         Pursuant to Section 7B-102(B) of the Act, within 30 days after receipt of the notice of the charge, respondent shall file a verified response to the allegations in the charge.  Respondent shall serve a copy of the verified response on complainant or complainant's representative and shall show proof to the Department that the copy was served on complainant or complainant's representative.

 

b)         Where, without good cause shown, respondent's verified response is not timely filed and/or served on complainant or complainant's representative, complainant may raise that issue before the Department.  The raising of an issue of an untimely filed and/or served verified response with the Department does not relieve complainant of complainant's duty to comply with the Department's investigation.

 

c)         Pursuant to Section 7B-102(B) of the Act, good cause for untimely filing a verified response may include, but shall not be limited to:

 

1)         Death or sudden, serious illness of respondent or respondent's representative; or

 

2)         Death or sudden, serious illness of an immediate family member of respondent or respondent's representative; or

 

3)         Respondent filed and served a timely verified response, but the Department later determined that respondent's verified response was defective; or

 

4)         Respondent acted with due diligence and was not deliberate or contumacious and did not unwarrantedly disregard the verified response process, as supported by affidavit or other evidence; or

 

5)         Respondent's failure to timely file a verified response was due to circumstances beyond respondent's control, as supported by affidavit or other evidence.

 

d)         Whether good cause exists is in the sole discretion of the Department.

 

e)         Where respondent is responding to a notice to show cause for failing to timely file the verified response and/or timely serve a copy on complainant or complainant's representative, respondent shall include the verified response with the response to the notice to show cause and show proof that respondent has served the verified response on complainant or complainant's representative.

 

(Source:  Added at 30 Ill. Reg. 1361, effective January 13, 2006)

 

Section 2300.50  Dismissal for Refusal to Accept Settlement Offer

 

The Department may dismiss a charge pursuant to Section 7B-103(D) of the Act if complainant voluntarily agrees in writing to such dismissal.

 

Section 2300.70  Procedures

 

a)         Procedures set forth in Articles 7B and 8B of the Act shall be followed for the processing of any civil rights violation set out in Article 6 alleging the following, if related to housing discrimination:  retaliation for opposing unlawful discrimination, filing a charge or complaint, or for testifying, assisting or participating in an investigation, proceeding or hearing under the Act; aiding, abetting, compelling or coercing a person to commit a violation of the Act; or willfully interfering with the performance of a duty or the exercise of a power by the Human Rights Commission or one of its members or representatives or by the Department or one of its officers or employees.

 

b)         Pursuant to Section 7B-102(C)(1), (D)(2) and (G)(1) of the Act, and within 100 days after a charge has been properly filed, the Department (or Director) shall either order that no complaint be filed or file a complaint with the Human Rights Commission, unless it is impracticable to do so.  If it is impracticable to do so, the Department shall continue to process the charge pursuant to Section 7B-102 of the Act with the greatest promptness that is administratively feasible.  Circumstances of impracticability shall include, but not be limited to:

 

            1)         Complexity of issues;

 

            2)         Death or serious injury of a party or a party's immediate family member;

 

3)         Death or serious illness of the Department's investigator or the investigator's immediate family member;

 

4)         Unavailability of witnesses; or

           

5)         Processing, litigation and/or enforcement of a subpoena, temporary restraining order or other legal action.

 

(Source:  Amended at 29 Ill. Reg. 13808, effective August 25, 2005)

 

Section 2300.80  Rental of Rooms in a Private Home

 

In determining whether an exemption exists under Section 3-106(C) of the Act, a housing accommodation will be considered to be a private home if it contains living quarters occupied, or intended to be occupied, by no more than four families living independently of each other.

 

Section 2300.90  Real Estate Transactions

 

For purposes of determining whether a civil rights violation has occurred in a real estate transaction, activities constituting a real estate transaction shall include:

 

a)         the sale, exchange, rental or lease of real property;

 

b)         the brokering or appraising of residential real property;

 

c)         the making or purchasing of loans or providing other financial assistance:

 

1)         for purchasing, constructing, improving, repairing or maintaining a dwelling; or

 

2)         secured by residential real estate (Section 3-101(B) of the Act); and

 

d)         access to, membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing accommodations.