Full Text of SB1817 103rd General Assembly
SB1817enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and | 6 | | 3-106 as follows:
| 7 | | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
| 8 | | Sec. 3-101. Definitions. The following definitions are | 9 | | applicable strictly
in the context of this Article:
| 10 | | (A) Real Property. "Real property" includes buildings, | 11 | | structures, real
estate, lands, tenements, leaseholds, | 12 | | interests in real estate cooperatives,
condominiums, and | 13 | | hereditaments, corporeal and incorporeal, or any interest
| 14 | | therein.
| 15 | | (B) Real Estate Transaction. "Real estate transaction" | 16 | | includes the
sale, exchange, rental or lease of real property. | 17 | | "Real estate
transaction" also includes the brokering or | 18 | | appraising of residential real
property and the making or | 19 | | purchasing of loans or providing other financial assistance:
| 20 | | (1) for purchasing, constructing, improving, repairing or | 21 | | maintaining a dwelling; or
| 22 | | (2) secured by residential real estate.
| 23 | | (C) Housing Accommodations. "Housing accommodation" |
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| 1 | | includes any improved
or unimproved real property, or part | 2 | | thereof, which is used or occupied,
or is intended, arranged | 3 | | or designed to be used or occupied, as the home
or residence of | 4 | | one or more individuals.
| 5 | | (D) Real Estate Broker or Salesman. "Real estate broker or | 6 | | salesman"
means a person, whether licensed or not, who, for or | 7 | | with the expectation
of receiving a consideration, lists, | 8 | | sells, purchases, exchanges, rents,
or leases real property, | 9 | | or who negotiates or attempts to negotiate any
of these | 10 | | activities, or who holds oneself himself or herself out as | 11 | | engaged in these.
| 12 | | (E) Familial Status. "Familial status" means one or more | 13 | | individuals
(who have not attained the age of 18 years) being | 14 | | domiciled with:
| 15 | | (1) a parent or person having legal custody of such | 16 | | individual or individuals; or
| 17 | | (2) the designee of such parent or other person having | 18 | | such custody,
with the written permission of such parent or
| 19 | | other person.
| 20 | | The protections afforded by this Article against | 21 | | discrimination on the
basis of familial status apply to any | 22 | | person who is pregnant or is in the
process of securing legal | 23 | | custody of any individual who has not attained
the age of 18 | 24 | | years.
| 25 | | (F) Conciliation. "Conciliation" means the attempted | 26 | | resolution of
issues raised by a charge, or by the |
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| 1 | | investigation of
such charge, through informal negotiations | 2 | | involving the
aggrieved party, the respondent and the | 3 | | Department.
| 4 | | (G) Conciliation Agreement. "Conciliation agreement" means | 5 | | a written
agreement setting forth the resolution of the issues | 6 | | in conciliation.
| 7 | | (H) Covered Multifamily Dwellings. As used in Section | 8 | | 3-102.1, "covered
multifamily dwellings" means:
| 9 | | (1) buildings consisting of 4 or more units if such | 10 | | buildings have one
or more elevators; and
| 11 | | (2) ground floor units in other buildings consisting of 4 | 12 | | or more units. | 13 | | (I) Immigration Status. "Immigration status" means a | 14 | | person's actual or perceived citizenship or immigration | 15 | | status.
| 16 | | (Source: P.A. 86-820; 86-910; 86-1028.)
| 17 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 18 | | Sec. 3-102. Civil rights violations; real estate | 19 | | transactions and other prohibited acts . It
is a civil rights | 20 | | violation for an owner or any other person engaging in
a real | 21 | | estate transaction , or for a real estate broker or salesman,
| 22 | | because of unlawful discrimination, familial status, | 23 | | immigration status, source of income, or an arrest record, as | 24 | | defined under subsection (B-5) of Section 1-103, to:
| 25 | | (A) Transactions. Transaction. Refuse to engage in a |
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| 1 | | real estate transaction with
a person or to discriminate | 2 | | in making available such a transaction;
| 3 | | (B) Terms. Alter the terms, conditions or privileges | 4 | | of a real
estate transaction or in the furnishing of | 5 | | facilities or services in
connection therewith;
| 6 | | (C) Offers. Offer. Refuse to receive or to fail to | 7 | | transmit a bona fide
offer to engage in a real estate | 8 | | transaction from a person;
| 9 | | (D) Negotiation. Refuse to negotiate for a real estate | 10 | | transaction
with a person;
| 11 | | (E) Representations. Represent to a person that real | 12 | | property is
not available for inspection, sale, rental, or | 13 | | lease when in fact it is
so available, or to fail to bring | 14 | | a property listing to the person's his or her
attention, | 15 | | or to refuse to permit the person him or her to inspect | 16 | | real property;
| 17 | | (F) Publication of Intent. Make, print, circulate, | 18 | | post, mail, publish or cause to be made, printed, | 19 | | circulated, posted, mailed, or published any notice, | 20 | | statement, advertisement or sign, or use a form of | 21 | | application for a real estate transaction, or make a | 22 | | record or inquiry in connection with a prospective real | 23 | | estate transaction, that indicates any preference, | 24 | | limitation, or discrimination based on unlawful | 25 | | discrimination or unlawful discrimination based on | 26 | | familial status, immigration status, source of income, or |
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| 1 | | an arrest record, or an intention to make any such | 2 | | preference, limitation, or discrimination;
| 3 | | (G) Listings. Offer, solicit, accept, use or retain a | 4 | | listing of
real property with knowledge that unlawful | 5 | | discrimination or
discrimination on the basis of familial | 6 | | status, immigration status, source of income, or an arrest | 7 | | record in a real estate
transaction is intended.
| 8 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
| 9 | | (775 ILCS 5/3-102.10) | 10 | | Sec. 3-102.10. Third-party loan modification service | 11 | | provider. | 12 | | (A) It is a civil rights violation for a third-party loan | 13 | | modification service provider, because of unlawful | 14 | | discrimination, familial status, immigration status, source of | 15 | | income, or an arrest record, to: | 16 | | (1) refuse to engage in loan modification services; | 17 | | (2) alter the terms, conditions, or privileges of such
| 18 | | services; or | 19 | | (3) discriminate in making such services available, | 20 | | including, but not limited to, by making a statement, | 21 | | advertisement, representation, inquiry, listing, offer, or | 22 | | solicitation that indicates a preference or the intention | 23 | | to make such a preference in making such services | 24 | | available. | 25 | | (B) For purposes of this Section, "third-party loan |
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| 1 | | modification service provider" means a person or entity, | 2 | | whether licensed or not, who, for or with the expectation of | 3 | | receiving consideration, provides assistance or services to a | 4 | | loan borrower to obtain a modification to a term of an existing | 5 | | real estate loan or to obtain foreclosure relief. "Third-party | 6 | | loan modification service provider" does not include lenders, | 7 | | brokers or appraisers of mortgage loans, or the servicers, | 8 | | subsidiaries, affiliates, or agents of the lender.
| 9 | | (Source: P.A. 102-362, eff. 1-1-22 .) | 10 | | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| 11 | | Sec. 3-103. Blockbusting. It is a civil rights violation | 12 | | for any
person to:
| 13 | | (A) Solicitation. Solicit for sale, lease, listing or | 14 | | purchase any
residential real estate within this State, on | 15 | | the grounds of loss of
value due to the present or | 16 | | prospective entry into the vicinity of the
property | 17 | | involved of any person or persons of any particular race,
| 18 | | color, religion, national origin, ancestry, age, sex, | 19 | | sexual orientation,
marital status,
familial status, | 20 | | immigration status, source of income, or
disability.
| 21 | | (B) Statements. Distribute or cause to be distributed, | 22 | | written
material or statements designed to induce any | 23 | | owner of residential real
estate in this State to sell or | 24 | | lease the owner's his or her property because of any
| 25 | | present or prospective changes in the race, color, |
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| 1 | | religion, national
origin, ancestry, age, sex, sexual | 2 | | orientation, marital status, familial
status, immigration | 3 | | status, source of income, or disability
of residents in
| 4 | | the vicinity of the property involved.
| 5 | | (C) Creating Alarm. Intentionally create alarm, among | 6 | | residents of
any community, by transmitting communications | 7 | | in any manner, including
a telephone call
whether or not | 8 | | conversation thereby ensues, with a design to induce any
| 9 | | owner of residential real estate in this state to sell or | 10 | | lease the owner's his or
her property because of any | 11 | | present or prospective entry into the
vicinity of the | 12 | | property involved of any person or persons of any
| 13 | | particular race, color, religion, national origin, | 14 | | ancestry, age, sex, sexual
orientation, marital
status, | 15 | | familial status, immigration status, source of income, or | 16 | | disability.
| 17 | | (Source: P.A. 102-896, eff. 1-1-23 .)
| 18 | | (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
| 19 | | Sec. 3-104.1. Refusal to sell or rent because a person has | 20 | | a guide,
hearing or support dog. It is a civil rights violation | 21 | | for the
owner or agent of any housing accommodation to:
| 22 | | (A) refuse to sell or rent after the making of a bona | 23 | | fide bonafide offer, or to
refuse to negotiate for the | 24 | | sale or rental of, or otherwise make unavailable
or deny | 25 | | property to any blind or hearing impaired person or person |
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| 1 | | with a physical disability because the blind or hearing | 2 | | impaired person or person with a physical disability he | 3 | | has a guide, hearing , or support dog; or
| 4 | | (B) discriminate against any blind or hearing impaired | 5 | | person or person with a physical disability in the terms, | 6 | | conditions, or privileges of sale or
rental property, or | 7 | | in the provision of services or facilities in connection
| 8 | | therewith, because the blind or hearing impaired person or | 9 | | person with a physical disability he has a guide, hearing , | 10 | | or support dog; or
| 11 | | (C) require, because a blind or hearing impaired | 12 | | person or person with a physical disability has a guide, | 13 | | hearing , or support dog,
an extra charge in a lease, | 14 | | rental agreement, or contract of purchase or
sale, other | 15 | | than for actual damage done to the premises by the dog.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 17 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 18 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 19 | | shall
prohibit:
| 20 | | (A) Private Sales of Single Family Homes. | 21 | | (1) Any sale of a single
family home by its owner so | 22 | | long as the following criteria are met:
| 23 | | (a) The owner does not own or have a beneficial | 24 | | interest in more
than 3 three single family homes at | 25 | | the time of the sale;
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| 1 | | (b) The owner or a member of the owner's his or her | 2 | | family was the last current
resident of the home;
| 3 | | (c) The home is sold without the use in any manner | 4 | | of the sales or
rental facilities or services of any | 5 | | real estate broker or salesman, or
of any employee or | 6 | | agent of any real estate broker or salesman;
| 7 | | (d) The home is sold without the publication, | 8 | | posting or mailing,
after notice, of any advertisement | 9 | | or written notice in violation of
paragraph (F) of | 10 | | Section 3-102.
| 11 | | (2) This exemption does not apply to paragraph (F) of | 12 | | Section 3-102.
| 13 | | (B) Apartments. Rental of a housing accommodation in a | 14 | | building
which contains housing accommodations for not more | 15 | | than 4 families
living independently of each other, if the | 16 | | owner resides in one of the housing accommodations.
This | 17 | | exemption does not apply to paragraph (F) of Section 3-102.
| 18 | | (C) Private Rooms. Rental of a room or rooms in a private | 19 | | home by
an owner if the owner he or she or a member of the | 20 | | owner's his or her family resides therein or,
while absent for | 21 | | a period of not more than 12 twelve months, if the owner he or | 22 | | she or a
member of the owner's his or her family intends to | 23 | | return to reside therein.
This exemption does not apply to | 24 | | paragraph (F) of Section 3-102.
| 25 | | (D) Reasonable local, State, or Federal restrictions
| 26 | | regarding the maximum number of occupants permitted to occupy |
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| 1 | | a dwelling.
| 2 | | (E) Religious Organizations. A religious organization, | 3 | | association,
or society, or any nonprofit institution or | 4 | | organization operated,
supervised or controlled by or in | 5 | | conjunction with a religious
organization, association, or | 6 | | society, from limiting the sale, rental or
occupancy of a | 7 | | dwelling which it owns or operates for other than a
commercial | 8 | | purpose to persons of the same religion, or from giving
| 9 | | preference to such persons, unless membership in such religion | 10 | | is
restricted on account of race, color, or national origin.
| 11 | | (F) Sex. Restricting the rental of rooms in a housing | 12 | | accommodation to
persons of one sex.
| 13 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct | 14 | | against a person because such person has been convicted by
any | 15 | | court of competent jurisdiction of the illegal manufacture or
| 16 | | distribution of a controlled substance as defined in Section | 17 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 18 | | (H) Persons engaged in the business of furnishing | 19 | | appraisals of real
property from taking into consideration | 20 | | factors other than those based on
unlawful discrimination or | 21 | | familial status or source of income in furnishing appraisals.
| 22 | | (H-1) The owner of an owner-occupied residential building | 23 | | with 4 or
fewer units (including the unit in which the owner | 24 | | resides) from making
decisions regarding whether to rent to a | 25 | | person based upon that person's
sexual orientation.
| 26 | | (I) Housing for Older Persons. No provision in this |
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| 1 | | Article regarding
familial status shall apply with respect to | 2 | | housing for older persons.
| 3 | | (1) As used in this Section, "housing for older | 4 | | persons" means housing:
| 5 | | (a) provided under any State or Federal program | 6 | | that the Department
determines is specifically | 7 | | designed and operated to assist elderly persons
(as | 8 | | defined in the State or Federal program); or
| 9 | | (b) intended for, and solely occupied by, persons | 10 | | 62 years of age or
older;
or
| 11 | | (c) intended and operated for occupancy by persons | 12 | | 55 years of age or
older and:
| 13 | | (i) at least 80% of the occupied units are | 14 | | occupied by at
least one person who is 55 years of | 15 | | age or older;
| 16 | | (ii) the housing facility or community | 17 | | publishes and adheres to
policies and procedures
| 18 | | that demonstrate the intent required under this
| 19 | | subdivision (c); and
| 20 | | (iii) the housing facility or community | 21 | | complies with rules adopted by
the
Department for | 22 | | verification of occupancy, which shall:
| 23 | | (aa) provide for verification by reliable | 24 | | surveys and affidavits;
and
| 25 | | (bb) include examples of the types of | 26 | | policies and procedures
relevant to
a |
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| 1 | | determination of compliance with the | 2 | | requirement of clause (ii).
| 3 | | These surveys and affidavits shall be admissible in | 4 | | administrative and
judicial proceedings for the purposes | 5 | | of such verification.
| 6 | | (2) Housing shall not fail to meet the requirements | 7 | | for housing for
older persons by reason of:
| 8 | | (a) persons residing in such housing as of the | 9 | | effective date of this
amendatory Act of 1989 who do | 10 | | not meet the age requirements of subsections
(1)(b) or | 11 | | (c); provided, that new occupants of such housing meet | 12 | | the age
requirements of
subsections (1)(b) or (c) of | 13 | | this subsection; or
| 14 | | (b) unoccupied units; provided, that such units | 15 | | are reserved for
occupancy by persons who meet the age | 16 | | requirements of subsections (1)(b)
or (c) of this | 17 | | subsection.
| 18 | | (3)(a) A person shall not be held personally liable | 19 | | for monetary damages
for a violation of this Article if | 20 | | the person reasonably relied, in good
faith, on the | 21 | | application of the exemption under this subsection (I) | 22 | | relating
to housing for older persons.
| 23 | | (b) For the purposes of this item (3), a person may | 24 | | show good faith
reliance on the application of the | 25 | | exemption only by showing that:
| 26 | | (i) the person has no actual knowledge that the |
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| 1 | | facility or community
is
not, or will not be, eligible | 2 | | for the exemption; and
| 3 | | (ii) the facility or community has stated | 4 | | formally, in writing, that
the
facility or community | 5 | | complies with the requirements for the exemption.
| 6 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 7 | | sex offender who owns and resides at residential real estate | 8 | | to rent any residential unit within the same building in which | 9 | | the child sex offender he or she resides to a person who is the | 10 | | parent or guardian of a child or children under 18 years of | 11 | | age. | 12 | | (K) Arrest Records. Inquiry into or the use of an arrest | 13 | | record if the inquiry or use is otherwise authorized by State | 14 | | or federal law. | 15 | | (L) Financial Institutions. A financial institution as | 16 | | defined in Article 4 from considering source of income or | 17 | | immigration status in a real estate transaction in compliance | 18 | | with State or federal law. | 19 | | (M) Immigration Status. Inquiry into or the use of | 20 | | immigration status if the inquiry or use is in compliance with | 21 | | State or federal law. | 22 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
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