101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0926

 

Introduced , by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/3-101  from Ch. 68, par. 3-101
775 ILCS 5/3-102  from Ch. 68, par. 3-102

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction because of, among other things, source of income, to: refuse to engage in a real estate transaction or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction; represent to a person that real property is not available for inspection, sale, rental, or lease when it is available, or fail to bring a property listing to his or her attention, or refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to be made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign that indicates any preference, limitation, or discrimination based on unlawful discrimination based on source of income, or an intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination on the basis of source of income in a real estate transaction is intended. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents.


LRB101 06183 LNS 51206 b

 

 

A BILL FOR

 

HB0926LRB101 06183 LNS 51206 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 3-101 and 3-102 as follows:
 
6    (775 ILCS 5/3-101)  (from Ch. 68, par. 3-101)
7    Sec. 3-101. Definitions. The following definitions are
8applicable strictly in the context of this Article:
9    (A) Real Property. "Real property" includes buildings,
10structures, real estate, lands, tenements, leaseholds,
11interests in real estate cooperatives, condominiums, and
12hereditaments, corporeal and incorporeal, or any interest
13therein.
14    (B) Real Estate Transaction. "Real estate transaction"
15includes the sale, exchange, rental or lease of real property.
16"Real estate transaction" also includes the brokering or
17appraising of residential real property and the making or
18purchasing of loans or providing other financial assistance:
19    (1) for purchasing, constructing, improving, repairing or
20maintaining a dwelling; or
21    (2) secured by residential real estate.
22    (C) Housing Accommodations. "Housing accommodation"
23includes any improved or unimproved real property, or part

 

 

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1thereof, which is used or occupied, or is intended, arranged or
2designed to be used or occupied, as the home or residence of
3one or more individuals.
4    (D) Real Estate Broker or Salesman. "Real estate broker or
5salesman" means a person, whether licensed or not, who, for or
6with the expectation of receiving a consideration, lists,
7sells, purchases, exchanges, rents, or leases real property, or
8who negotiates or attempts to negotiate any of these
9activities, or who holds himself or herself out as engaged in
10these.
11    (E) Familial Status. "Familial status" means one or more
12individuals (who have not attained the age of 18 years) being
13domiciled with:
14    (1) a parent or person having legal custody of such
15individual or individuals; or
16    (2) the designee of such parent or other person having such
17custody, with the written permission of such parent or other
18person.
19    The protections afforded by this Article against
20discrimination on the basis of familial status apply to any
21person who is pregnant or is in the process of securing legal
22custody of any individual who has not attained the age of 18
23years.
24    (F) Conciliation. "Conciliation" means the attempted
25resolution of issues raised by a charge, or by the
26investigation of such charge, through informal negotiations

 

 

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1involving the aggrieved party, the respondent and the
2Department.
3    (G) Conciliation Agreement. "Conciliation agreement" means
4a written agreement setting forth the resolution of the issues
5in conciliation.
6    (H) Covered Multifamily Dwellings. As used in Section
73-102.1, "covered multifamily dwellings" means:
8    (1) buildings consisting of 4 or more units if such
9buildings have one or more elevators; and
10    (2) ground floor units in other buildings consisting of 4
11or more units.
12    (I) Source of Income. "Source of income" means the lawful
13manner by which an individual supports himself or herself and
14his or her dependents.
15(Source: P.A. 86-820; 86-910; 86-1028.)
 
16    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
17    Sec. 3-102. Civil rights violations; real estate
18transactions. It is a civil rights violation for an owner or
19any other person engaging in a real estate transaction, or for
20a real estate broker or salesman, because of unlawful
21discrimination, source of income, or familial status, to
22        (A) Transaction. Refuse to engage in a real estate
23    transaction with a person or to discriminate in making
24    available such a transaction;
25        (B) Terms. Alter the terms, conditions or privileges of

 

 

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1    a real estate transaction or in the furnishing of
2    facilities or services in connection therewith;
3        (C) Offer. Refuse to receive or to fail to transmit a
4    bona fide offer to engage in a real estate transaction from
5    a person;
6        (D) Negotiation. Refuse to negotiate for a real estate
7    transaction with a person;
8        (E) Representations. Represent to a person that real
9    property is not available for inspection, sale, rental, or
10    lease when in fact it is so available, or to fail to bring
11    a property listing to his or her attention, or to refuse to
12    permit him or her to inspect real property;
13        (F) Publication of Intent. Make, print, circulate,
14    post, mail, publish or cause to be made, printed,
15    circulated, posted, mailed, or published any notice,
16    statement, advertisement or sign, or use a form of
17    application for a real estate transaction, or make a record
18    or inquiry in connection with a prospective real estate
19    transaction, that indicates any preference, limitation, or
20    discrimination based on unlawful discrimination, unlawful
21    discrimination based on source of income, or unlawful
22    discrimination based on familial status, or an intention to
23    make any such preference, limitation, or discrimination;
24        (G) Listings. Offer, solicit, accept, use or retain a
25    listing of real property with knowledge that unlawful
26    discrimination, unlawful discrimination on the basis of

 

 

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1    source of income, or discrimination on the basis of
2    familial status in a real estate transaction is intended.
3(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)