Illinois General Assembly - Full Text of SB2492
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Full Text of SB2492  102nd General Assembly

SB2492 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2492

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff demands has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes.


LRB102 16536 LNS 21931 b

 

 

A BILL FOR

 

SB2492LRB102 16536 LNS 21931 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Homelessness Prevention Act is amended by
5changing Sections 4 and 10 as follows:
 
6    (310 ILCS 70/4)  (from Ch. 67 1/2, par. 1304)
7    Sec. 4. Homelessness Prevention and Assistance Program.
8    (a) The Department shall establish a family homelessness
9prevention and assistance program to stabilize families in
10their existing homes, to shorten the amount of time that
11families stay in emergency shelters, and to assist families
12with securing affordable transitional or permanent housing.
13The Department shall make grants, from funds appropriated to
14it, to develop and implement homelessness prevention and
15assistance projects under this Act.
16    (b) Grants may be made from funds appropriated for the
17purposes of this Act and from any federal funds or funds from
18other sources which are made available for the purposes of
19this Act. Grants shall be made under this Act only to the
20extent that funds are available.
21    (c) The Department shall be mindful of preventing undue
22administrative burden in the application process for
23individual tenants applying for assistance authorized under

 

 

SB2492- 2 -LRB102 16536 LNS 21931 b

1this Act.
2(Source: P.A. 94-91, eff. 7-1-05.)
 
3    (310 ILCS 70/10)  (from Ch. 67 1/2, par. 1310)
4    Sec. 10. (a) Program staff shall, whenever practicable,
5negotiate with the landlord of a household approved for
6assistance under the program to enable the household to remain
7in its current housing.
8    (b) Program staff shall, when there has been a loss of
9public benefits to the household, take all practicable steps
10to assist in the restoration of the household's public
11benefits.
12    (c) Program staff shall identify, and assist households in
13applying for, any form of public benefits or entitlements for
14which the household may be eligible.
15    (d) Program staff shall, after the end of each State
16fiscal year and as determined by the Department of Human
17Services, determine whether the household has remained in the
18residence in which they were residing at the time assistance
19was provided, and determine whether the living situation of
20the household is stable.
21    (e) Program staff, to the extent practicable, shall
22endeavor to lessen any administrative burden on landlords
23receiving assistance payments under this Act.
24(Source: P.A. 96-291, eff. 8-11-09.)
 

 

 

SB2492- 3 -LRB102 16536 LNS 21931 b

1    Section 10. The Code of Civil Procedure is amended by
2adding Section 9-106.4 as follows:
 
3    (735 ILCS 5/9-106.4 new)
4    Sec. 9-106.4. Affirmative defense regarding emergency
5housing assistance.
6    (a) The General Assembly hereby finds that:
7        (1) Homelessness frequently results from a temporary
8    economic crisis such as a temporary loss of employment,
9    medical emergency, or loss or interruption of public
10    benefits.
11        (2) The prevention of homelessness, as opposed to
12    providing temporary shelter or offering other short-term
13    solutions to persons who become homeless, is
14    cost-effective, preserves family self-respect, and helps
15    to keep families intact.
16        (3) Short-term interventions for the prevention of
17    homelessness serve to prevent the need for long-term
18    assistance programs that are costlier to taxpayers.
19        (4) The cost-effectiveness and other goals of
20    homelessness prevention programs are undercut when the
21    State, its federal or municipal governmental partners, or
22    private charitable funders appropriate funds for
23    homelessness prevention programs, but owners of private
24    property refuse to engage in de minimus paperwork or
25    bookkeeping tasks to process funding applications;

 

 

SB2492- 4 -LRB102 16536 LNS 21931 b

1    thereby, homelessness is not prevented and family
2    stability is not secured.
3        (5) State governmental programs shall be mindful of
4    undue paperwork requirements in administering such funds
5    and shall encourage governmental and private charitable
6    partners to be likewise mindful.
7    (b) An affirmative defense applies to any action
8maintained under this Article in which the plaintiff has made
9a demand for possession that is based on unpaid rent
10regardless of whether the owner or the agent of the owner has
11joined in the action a claim for rent pursuant to Section
129-201.
13    (c) A defendant may assert an affirmative defense if the
14defendant, a social services agency, or a government agency
15offered the owner or its agent an application for emergency
16housing assistance and the owner or the agent of the owner
17refused to complete the process to obtain the emergency
18housing assistance and the defendant would have been eligible
19for the emergency housing assistance program.
20    (d) The owner or the agent of the owner may overcome this
21affirmative defense only if the court makes a finding that the
22application for emergency housing assistance would impose a
23significant administrative burden on the owner or the agent of
24the owner. It is not a significant administrative burden for
25the owner or the agent of the owner to:
26        (1) submit a social security number or taxpayer ID

 

 

SB2492- 5 -LRB102 16536 LNS 21931 b

1    number;
2        (2) complete an Internal Revenue Service form W-9;
3        (3) submit a voided bank account check or deposit
4    slip;
5        (4) submit a bank account number for the purposes of
6    direct deposit;
7        (5) submit proof of ownership;
8        (6) submit proof of payment of property taxes;
9        (7) allow the agency to inspect the premises to
10    determine that the property meets the prevailing building
11    code requirements; or
12        (8) agree to discontinue termination of tenancy
13    proceedings if the tenant and the agency offer to tender
14    the full amount of past due rent.
15    (e) For purposes of this Section, "emergency housing
16assistance" means monetary grants made to tenants or landlords
17through the Homelessness Prevention Act for the purposes of
18rent payments or monetary grants by any similar program
19administered by federal, State, township, or municipal
20governments or private charitable funders.
 
21    Section 15. The Illinois Human Rights Act is amended by
22changing Sections 1-102, 1-103, 3-102, 3-103, 3-106, and
238B-104 and by adding Section 3-102.2 as follows:
 
24    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)

 

 

SB2492- 6 -LRB102 16536 LNS 21931 b

1    Sec. 1-102. Declaration of Policy. It is the public
2policy of this State:
3    (A) Freedom from Unlawful Discrimination. To secure for
4all individuals within Illinois the freedom from
5discrimination against any individual because of his or her
6race, color, religion, sex, national origin, ancestry, age,
7order of protection status, marital status, physical or mental
8disability, military status, sexual orientation, pregnancy, or
9unfavorable discharge from military service in connection with
10employment, real estate transactions, access to financial
11credit, and the availability of public accommodations.
12    (B) Freedom from Sexual Harassment-Employment and
13Elementary, Secondary, and Higher Education. To prevent sexual
14harassment in employment and sexual harassment in elementary,
15secondary, and higher education.
16    (C) Freedom from Discrimination Based on Citizenship
17Status-Employment. To prevent discrimination based on
18citizenship status in employment.
19    (D) Freedom from Discrimination Based on Familial Status
20or Source of Income-Real Estate Transactions. To prevent
21discrimination based on familial status or source of income in
22real estate transactions.
23    (E) Public Health, Welfare and Safety. To promote the
24public health, welfare and safety by protecting the interest
25of all people in Illinois in maintaining personal dignity, in
26realizing their full productive capacities, and in furthering

 

 

SB2492- 7 -LRB102 16536 LNS 21931 b

1their interests, rights and privileges as citizens of this
2State.
3    (F) Implementation of Constitutional Guarantees. To secure
4and guarantee the rights established by Sections 17, 18 and 19
5of Article I of the Illinois Constitution of 1970.
6    (G) Equal Opportunity, Affirmative Action. To establish
7Equal Opportunity and Affirmative Action as the policies of
8this State in all of its decisions, programs and activities,
9and to assure that all State departments, boards, commissions
10and instrumentalities rigorously take affirmative action to
11provide equality of opportunity and eliminate the effects of
12past discrimination in the internal affairs of State
13government and in their relations with the public.
14    (H) Unfounded Charges. To protect citizens of this State
15against unfounded charges of unlawful discrimination, sexual
16harassment in employment and sexual harassment in elementary,
17secondary, and higher education, and discrimination based on
18citizenship status in employment.
19(Source: P.A. 98-1050, eff. 1-1-15.)
 
20    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
21    Sec. 1-103. General definitions. When used in this Act,
22unless the context requires otherwise, the term:
23    (A) Age. "Age" means the chronological age of a person who
24is at least 40 years old, except with regard to any practice
25described in Section 2-102, insofar as that practice concerns

 

 

SB2492- 8 -LRB102 16536 LNS 21931 b

1training or apprenticeship programs. In the case of training
2or apprenticeship programs, for the purposes of Section 2-102,
3"age" means the chronological age of a person who is 18 but not
4yet 40 years old.
5    (B) Aggrieved party. "Aggrieved party" means a person who
6is alleged or proved to have been injured by a civil rights
7violation or believes he or she will be injured by a civil
8rights violation under Article 3 that is about to occur.
9    (B-5) Arrest record. "Arrest record" means:
10        (1) an arrest not leading to a conviction;
11        (2) a juvenile record; or
12        (3) criminal history record information ordered
13    expunged, sealed, or impounded under Section 5.2 of the
14    Criminal Identification Act.
15    (C) Charge. "Charge" means an allegation filed with the
16Department by an aggrieved party or initiated by the
17Department under its authority.
18    (D) Civil rights violation. "Civil rights violation"
19includes and shall be limited to only those specific acts set
20forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
213-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
226-101, and 6-102 of this Act.
23    (E) Commission. "Commission" means the Human Rights
24Commission created by this Act.
25    (F) Complaint. "Complaint" means the formal pleading filed
26by the Department with the Commission following an

 

 

SB2492- 9 -LRB102 16536 LNS 21931 b

1investigation and finding of substantial evidence of a civil
2rights violation.
3    (G) Complainant. "Complainant" means a person including
4the Department who files a charge of civil rights violation
5with the Department or the Commission.
6    (H) Department. "Department" means the Department of Human
7Rights created by this Act.
8    (I) Disability. "Disability" means a determinable physical
9or mental characteristic of a person, including, but not
10limited to, a determinable physical characteristic which
11necessitates the person's use of a guide, hearing or support
12dog, the history of such characteristic, or the perception of
13such characteristic by the person complained against, which
14may result from disease, injury, congenital condition of birth
15or functional disorder and which characteristic:
16        (1) For purposes of Article 2, is unrelated to the
17    person's ability to perform the duties of a particular job
18    or position and, pursuant to Section 2-104 of this Act, a
19    person's illegal use of drugs or alcohol is not a
20    disability;
21        (2) For purposes of Article 3, is unrelated to the
22    person's ability to acquire, rent, or maintain a housing
23    accommodation;
24        (3) For purposes of Article 4, is unrelated to a
25    person's ability to repay;
26        (4) For purposes of Article 5, is unrelated to a

 

 

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1    person's ability to utilize and benefit from a place of
2    public accommodation;
3        (5) For purposes of Article 5, also includes any
4    mental, psychological, or developmental disability,
5    including autism spectrum disorders.
6    (J) Marital status. "Marital status" means the legal
7status of being married, single, separated, divorced, or
8widowed.
9    (J-1) Military status. "Military status" means a person's
10status on active duty in or status as a veteran of the armed
11forces of the United States, status as a current member or
12veteran of any reserve component of the armed forces of the
13United States, including the United States Army Reserve,
14United States Marine Corps Reserve, United States Navy
15Reserve, United States Air Force Reserve, and United States
16Coast Guard Reserve, or status as a current member or veteran
17of the Illinois Army National Guard or Illinois Air National
18Guard.
19    (K) National origin. "National origin" means the place in
20which a person or one of his or her ancestors was born.
21    (K-5) "Order of protection status" means a person's status
22as being a person protected under an order of protection
23issued pursuant to the Illinois Domestic Violence Act of 1986,
24Article 112A of the Code of Criminal Procedure of 1963, the
25Stalking No Contact Order Act, or the Civil No Contact Order
26Act, or an order of protection issued by a court of another

 

 

SB2492- 11 -LRB102 16536 LNS 21931 b

1state.
2    (L) Person. "Person" includes one or more individuals,
3partnerships, associations or organizations, labor
4organizations, labor unions, joint apprenticeship committees,
5or union labor associations, corporations, the State of
6Illinois and its instrumentalities, political subdivisions,
7units of local government, legal representatives, trustees in
8bankruptcy or receivers.
9    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
10or medical or common conditions related to pregnancy or
11childbirth.
12    (M) Public contract. "Public contract" includes every
13contract to which the State, any of its political
14subdivisions, or any municipal corporation is a party.
15    (N) Religion. "Religion" includes all aspects of religious
16observance and practice, as well as belief, except that with
17respect to employers, for the purposes of Article 2,
18"religion" has the meaning ascribed to it in paragraph (F) of
19Section 2-101.
20    (O) Sex. "Sex" means the status of being male or female.
21    (O-1) Sexual orientation. "Sexual orientation" means
22actual or perceived heterosexuality, homosexuality,
23bisexuality, or gender-related identity, whether or not
24traditionally associated with the person's designated sex at
25birth. "Sexual orientation" does not include a physical or
26sexual attraction to a minor by an adult.

 

 

SB2492- 12 -LRB102 16536 LNS 21931 b

1    (O-5) Source of income. "Source of income" means lawful,
2verifiable income paid directly to a tenant, or to a
3representative of a tenant, or paid to a housing owner or
4landlord on behalf of a tenant, including federal, State, or
5local public or private assistance, and federal, State, or
6local housing subsidies, including, but not limited to,
7emergency housing assistance, social security, or federal
8housing assistance vouchers issued under Section 8 of the
9United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and
10the federal Department of Housing and Urban Development
11Veterans Affairs Supportive Housing voucher. "Source of
12income" does not include income derived in a manner that is
13illegal in this State.
14    (P) Unfavorable military discharge. "Unfavorable military
15discharge" includes discharges from the Armed Forces of the
16United States, their Reserve components, or any National Guard
17or Naval Militia which are classified as RE-3 or the
18equivalent thereof, but does not include those characterized
19as RE-4 or "Dishonorable".
20    (Q) Unlawful discrimination. "Unlawful discrimination"
21means discrimination against a person because of his or her
22actual or perceived: race, color, religion, national origin,
23ancestry, age, sex, marital status, order of protection
24status, disability, military status, sexual orientation,
25pregnancy, or unfavorable discharge from military service as
26those terms are defined in this Section.

 

 

SB2492- 13 -LRB102 16536 LNS 21931 b

1(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
2101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
 
3    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
4    Sec. 3-102. Civil rights violations; real estate
5transactions. It is a civil rights violation for an owner or
6any other person engaging in a real estate transaction, or for
7a real estate broker or salesman, because of unlawful
8discrimination, familial status, source of income, or an
9arrest record, as defined under subsection (B-5) of Section
101-103, to:
11        (A) Transaction. Refuse to engage in a real estate
12    transaction with a person or to discriminate in making
13    available such a transaction;
14        (B) Terms. Alter the terms, conditions or privileges
15    of a real estate transaction or in the furnishing of
16    facilities or services in connection therewith;
17        (C) Offer. Refuse to receive or to fail to transmit a
18    bona fide offer to engage in a real estate transaction
19    from a person;
20        (D) Negotiation. Refuse to negotiate for a real estate
21    transaction with a person;
22        (E) Representations. Represent to a person that real
23    property is not available for inspection, sale, rental, or
24    lease when in fact it is so available, or to fail to bring
25    a property listing to his or her attention, or to refuse to

 

 

SB2492- 14 -LRB102 16536 LNS 21931 b

1    permit him or her to inspect real property;
2        (F) Publication of Intent. Make, print, circulate,
3    post, mail, publish or cause to be made, printed,
4    circulated, posted, mailed, or published any notice,
5    statement, advertisement or sign, or use a form of
6    application for a real estate transaction, or make a
7    record or inquiry in connection with a prospective real
8    estate transaction, that indicates any preference,
9    limitation, or discrimination based on unlawful
10    discrimination or unlawful discrimination based on
11    familial status, source of income, or an arrest record, or
12    an intention to make any such preference, limitation, or
13    discrimination;
14        (G) Listings. Offer, solicit, accept, use or retain a
15    listing of real property with knowledge that unlawful
16    discrimination or discrimination on the basis of familial
17    status, source of income, or an arrest record in a real
18    estate transaction is intended.
19(Source: P.A. 101-565, eff. 1-1-20.)
 
20    (775 ILCS 5/3-102.2 new)
21    Sec. 3-102.2. Calculation of income or assets. If a
22landlord requires that a prospective tenant or current tenant
23have a certain level of income, then the landlord shall
24subtract any source of income in the form of a rent voucher or
25subsidy from the total of the monthly rent prior to

 

 

SB2492- 15 -LRB102 16536 LNS 21931 b

1calculating if the income criteria have been met. A landlord
2shall not apply an income or asset requirement to a tenant with
3a non-wage source of income that the landlord does not apply to
4all tenants. A landlord commits a civil rights violation if
5the landlord does not comply with the requirements of this
6Section. If an income or asset requirement serves to generally
7exclude participants in a housing or benefits program, a
8landlord who imposes such a requirement is presumed to have
9committed a civil rights violation within the meaning of this
10Act.
 
11    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
12    Sec. 3-103. Blockbusting. It is a civil rights violation
13for any person to:
14    (A) Solicitation. Solicit for sale, lease, listing or
15purchase any residential real estate within this State, on the
16grounds of loss of value due to the present or prospective
17entry into the vicinity of the property involved of any person
18or persons of any particular race, color, religion, national
19origin, ancestry, age, sex, sexual orientation, marital
20status, familial status, source of income, or disability.
21    (B) Statements. Distribute or cause to be distributed,
22written material or statements designed to induce any owner of
23residential real estate in this State to sell or lease his or
24her property because of any present or prospective changes in
25the race, color, religion, national origin, ancestry, age,

 

 

SB2492- 16 -LRB102 16536 LNS 21931 b

1sex, sexual orientation, marital status, familial
2status,source of income, or disability of residents in the
3vicinity of the property involved.
4    (C) Creating Alarm. Intentionally create alarm, among
5residents of any community, by transmitting communications in
6any manner, including a telephone call whether or not
7conversation thereby ensues, with a design to induce any owner
8of residential real estate in this state to sell or lease his
9or her property because of any present or prospective entry
10into the vicinity of the property involved of any person or
11persons of any particular race, color, religion, national
12origin, ancestry, age, sex, sexual orientation, marital
13status, familial status, source of income, or disability.
14(Source: P.A. 97-877, eff. 8-2-12.)
 
15    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
16    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
17shall prohibit:
18    (A) Private Sales of Single Family Homes.
19        (1) Any sale of a single family home by its owner so
20    long as the following criteria are met:
21            (a) The owner does not own or have a beneficial
22        interest in more than three single family homes at the
23        time of the sale;
24            (b) The owner or a member of his or her family was
25        the last current resident of the home;

 

 

SB2492- 17 -LRB102 16536 LNS 21931 b

1            (c) The home is sold without the use in any manner
2        of the sales or rental facilities or services of any
3        real estate broker or salesman, or of any employee or
4        agent of any real estate broker or salesman;
5            (d) The home is sold without the publication,
6        posting or mailing, after notice, of any advertisement
7        or written notice in violation of paragraph (F) of
8        Section 3-102.
9        (2) This exemption does not apply to paragraph (F) of
10    Section 3-102.
11    (B) Apartments. Rental of a housing accommodation in a
12building which contains housing accommodations for not more
13than 4 families living independently of each other, if the
14owner resides in one of the housing accommodations. This
15exemption does not apply to paragraph (F) of Section 3-102.
16    (C) Private Rooms. Rental of a room or rooms in a private
17home by an owner if he or she or a member of his or her family
18resides therein or, while absent for a period of not more than
19twelve months, if he or she or a member of his or her family
20intends to return to reside therein.
21    (D) Reasonable local, State, or Federal restrictions
22regarding the maximum number of occupants permitted to occupy
23a dwelling.
24    (E) Religious Organizations. A religious organization,
25association, or society, or any nonprofit institution or
26organization operated, supervised or controlled by or in

 

 

SB2492- 18 -LRB102 16536 LNS 21931 b

1conjunction with a religious organization, association, or
2society, from limiting the sale, rental or occupancy of a
3dwelling which it owns or operates for other than a commercial
4purpose to persons of the same religion, or from giving
5preference to such persons, unless membership in such religion
6is restricted on account of race, color, or national origin.
7    (F) Sex. Restricting the rental of rooms in a housing
8accommodation to persons of one sex.
9    (G) Persons Convicted of Drug-Related Offenses. Conduct
10against a person because such person has been convicted by any
11court of competent jurisdiction of the illegal manufacture or
12distribution of a controlled substance as defined in Section
13102 of the federal Controlled Substances Act (21 U.S.C. 802).
14    (H) Persons engaged in the business of furnishing
15appraisals of real property from taking into consideration
16factors other than those based on unlawful discrimination or
17familial status or source of income in furnishing appraisals.
18    (H-1) The owner of an owner-occupied residential building
19with 4 or fewer units (including the unit in which the owner
20resides) from making decisions regarding whether to rent to a
21person based upon that person's sexual orientation.
22    (I) Housing for Older Persons. No provision in this
23Article regarding familial status shall apply with respect to
24housing for older persons.
25        (1) As used in this Section, "housing for older
26    persons" means housing:

 

 

SB2492- 19 -LRB102 16536 LNS 21931 b

1            (a) provided under any State or Federal program
2        that the Department determines is specifically
3        designed and operated to assist elderly persons (as
4        defined in the State or Federal program); or
5            (b) intended for, and solely occupied by, persons
6        62 years of age or older; or
7            (c) intended and operated for occupancy by persons
8        55 years of age or older and:
9                (i) at least 80% of the occupied units are
10            occupied by at least one person who is 55 years of
11            age or older;
12                (ii) the housing facility or community
13            publishes and adheres to policies and procedures
14            that demonstrate the intent required under this
15            subdivision (c); and
16                (iii) the housing facility or community
17            complies with rules adopted by the Department for
18            verification of occupancy, which shall:
19                    (aa) provide for verification by reliable
20                surveys and affidavits; and
21                    (bb) include examples of the types of
22                policies and procedures relevant to a
23                determination of compliance with the
24                requirement of clause (ii).
25        These surveys and affidavits shall be admissible in
26    administrative and judicial proceedings for the purposes

 

 

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1    of such verification.
2        (2) Housing shall not fail to meet the requirements
3    for housing for older persons by reason of:
4            (a) persons residing in such housing as of the
5        effective date of this amendatory Act of 1989 who do
6        not meet the age requirements of subsections (1)(b) or
7        (c); provided, that new occupants of such housing meet
8        the age requirements of subsections (1)(b) or (c) of
9        this subsection; or
10            (b) unoccupied units; provided, that such units
11        are reserved for occupancy by persons who meet the age
12        requirements of subsections (1)(b) or (c) of this
13        subsection.
14        (3) (a) A person shall not be held personally liable
15        for monetary damages for a violation of this Article
16        if the person reasonably relied, in good faith, on the
17        application of the exemption under this subsection (I)
18        relating to housing for older persons.
19            (b) For the purposes of this item (3), a person may
20        show good faith reliance on the application of the
21        exemption only by showing that:
22                (i) the person has no actual knowledge that
23            the facility or community is not, or will not be,
24            eligible for the exemption; and
25                (ii) the facility or community has stated
26            formally, in writing, that the facility or

 

 

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1            community complies with the requirements for the
2            exemption.
3    (J) Child Sex Offender Refusal to Rent. Refusal of a child
4sex offender who owns and resides at residential real estate
5to rent any residential unit within the same building in which
6he or she resides to a person who is the parent or guardian of
7a child or children under 18 years of age.
8    (K) Arrest Records. Inquiry into or the use of an arrest
9record if the inquiry or use is otherwise authorized by State
10or federal law.
11(Source: P.A. 101-565, eff. 1-1-20.)
 
12    (775 ILCS 5/8B-104)  (from Ch. 68, par. 8B-104)
13    Sec. 8B-104. Relief; penalties. Upon finding a civil
14rights violation, a hearing officer may recommend and the
15Commission or any three-member panel thereof may provide for
16any relief or penalty identified in this Section, separately
17or in combination, by entering an order directing the
18respondent to:
19        (A) Cease and Desist Order. Cease and desist from any
20    violation of this Act.
21        (B) Actual Damages. Pay actual damages, as reasonably
22    determined by the Commission, for injury or loss suffered
23    by the complainant.
24        (C) Civil Penalty. Pay a civil penalty to vindicate
25    the public interest:

 

 

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1            (i) in an amount not exceeding $16,000 if the
2        respondent has not been adjudged to have committed any
3        prior civil rights violation under Article 3;
4            (ii) in an amount not exceeding $42,500 if the
5        respondent has been adjudged to have committed one
6        other civil rights violation under Article 3 during
7        the 5-year period ending on the date of the filing of
8        this charge; and
9            (iii) in an amount not exceeding $70,000 if the
10        respondent has been adjudged to have committed 2 or
11        more civil rights violations under Article 3 during
12        the 7-year period ending on the date of the filing of
13        this charge; except that if the acts constituting the
14        civil rights violation that is the object of the
15        charge are committed by the same natural person who
16        has been previously adjudged to have committed acts
17        constituting a civil rights violation under Article 3,
18        then the civil penalties set forth in subparagraphs
19        (ii) and (iii) may be imposed without regard to the
20        period of time within which any subsequent civil
21        rights violation under Article 3 occurred.
22        (D) Attorney Fees; Costs. Pay to the complainant all
23    or a portion of the costs of maintaining the action,
24    including reasonable attorneys fees and expert witness
25    fees incurred in maintaining this action before the
26    Department, the Commission and in any judicial review and

 

 

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1    judicial enforcement proceedings.
2        (E) Compliance Report. Report as to the manner of
3    compliance.
4        (F) Posting of Notices. Post notices in a conspicuous
5    place which the Commission may publish or cause to be
6    published setting forth requirements for compliance with
7    this Act or other relevant information which the
8    Commission determines necessary to explain this Act.
9        (G) Make Complainant Whole. Take such action as may be
10    necessary to make the individual complainant whole,
11    including, but not limited to, awards of interest on the
12    complainant's actual damages from the date of the civil
13    rights violation.
14        (H) Other Relief. Any other relief as the hearing
15    officer and the Commission deem appropriate, including any
16    permanent or temporary injunction, temporary restraining
17    order, or other order, including an order enjoining the
18    defendant from engaging in such practice or ordering such
19    affirmative action as may be appropriate.
20(Source: P.A. 99-548, eff. 1-1-17.)

 

 

SB2492- 24 -LRB102 16536 LNS 21931 b

1 INDEX
2 Statutes amended in order of appearance
3    310 ILCS 70/4from Ch. 67 1/2, par. 1304
4    310 ILCS 70/10from Ch. 67 1/2, par. 1310
5    735 ILCS 5/9-106.4 new
6    775 ILCS 5/1-102from Ch. 68, par. 1-102
7    775 ILCS 5/1-103from Ch. 68, par. 1-103
8    775 ILCS 5/3-102from Ch. 68, par. 3-102
9    775 ILCS 5/3-102.2 new
10    775 ILCS 5/3-103from Ch. 68, par. 3-103
11    775 ILCS 5/3-106from Ch. 68, par. 3-106
12    775 ILCS 5/8B-104from Ch. 68, par. 8B-104