Illinois General Assembly - Full Text of HB2775
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Full Text of HB2775  102nd General Assembly

HB2775sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 3/22/2022

 

 


 

 


 
10200HB2775sam001LRB102 15802 LNS 37851 a

1
AMENDMENT TO HOUSE BILL 2775

2    AMENDMENT NO. ______. Amend House Bill 2775 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-102, 1-103, 3-102, 3-103, and 3-106 as
6follows:
 
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    Sec. 1-102. Declaration of Policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with

 

 

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1employment, real estate transactions, access to financial
2credit, and the availability of public accommodations.
3    (B) Freedom from Sexual Harassment-Employment and
4Elementary, Secondary, and Higher Education. To prevent sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education.
7    (C) Freedom from Discrimination Based on Citizenship
8Status-Employment. To prevent discrimination based on
9citizenship status in employment.
10    (C-5) Freedom from Discrimination Based on Work
11Authorization Status-Employment. To prevent discrimination
12based on the specific status or term of status that
13accompanies a legal work authorization.
14    (D) Freedom from Discrimination Based on Familial Status
15or Source of Income-Real Estate Transactions. To prevent
16discrimination based on familial status or source of income in
17real estate transactions.
18    (E) Public Health, Welfare and Safety. To promote the
19public health, welfare and safety by protecting the interest
20of all people in Illinois in maintaining personal dignity, in
21realizing their full productive capacities, and in furthering
22their interests, rights and privileges as citizens of this
23State.
24    (F) Implementation of Constitutional Guarantees. To secure
25and guarantee the rights established by Sections 17, 18 and 19
26of Article I of the Illinois Constitution of 1970.

 

 

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1    (G) Equal Opportunity, Affirmative Action. To establish
2Equal Opportunity and Affirmative Action as the policies of
3this State in all of its decisions, programs and activities,
4and to assure that all State departments, boards, commissions
5and instrumentalities rigorously take affirmative action to
6provide equality of opportunity and eliminate the effects of
7past discrimination in the internal affairs of State
8government and in their relations with the public.
9    (H) Unfounded Charges. To protect citizens of this State
10against unfounded charges of unlawful discrimination, sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education, and discrimination based on
13citizenship status or work authorization status in employment.
14(Source: P.A. 102-233, eff. 8-2-21.)
 
15    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
16    Sec. 1-103. General definitions. When used in this Act,
17unless the context requires otherwise, the term:
18    (A) Age. "Age" means the chronological age of a person who
19is at least 40 years old, except with regard to any practice
20described in Section 2-102, insofar as that practice concerns
21training or apprenticeship programs. In the case of training
22or apprenticeship programs, for the purposes of Section 2-102,
23"age" means the chronological age of a person who is 18 but not
24yet 40 years old.
25    (B) Aggrieved party. "Aggrieved party" means a person who

 

 

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1is alleged or proved to have been injured by a civil rights
2violation or believes he or she will be injured by a civil
3rights violation under Article 3 that is about to occur.
4    (B-5) Arrest record. "Arrest record" means:
5        (1) an arrest not leading to a conviction;
6        (2) a juvenile record; or
7        (3) criminal history record information ordered
8    expunged, sealed, or impounded under Section 5.2 of the
9    Criminal Identification Act.
10    (C) Charge. "Charge" means an allegation filed with the
11Department by an aggrieved party or initiated by the
12Department under its authority.
13    (D) Civil rights violation. "Civil rights violation"
14includes and shall be limited to only those specific acts set
15forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
163-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
175A-102, 6-101, 6-101.5, and 6-102 of this Act.
18    (E) Commission. "Commission" means the Human Rights
19Commission created by this Act.
20    (F) Complaint. "Complaint" means the formal pleading filed
21by the Department with the Commission following an
22investigation and finding of substantial evidence of a civil
23rights violation.
24    (G) Complainant. "Complainant" means a person including
25the Department who files a charge of civil rights violation
26with the Department or the Commission.

 

 

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1    (G-5) Conviction record. "Conviction record" means
2information indicating that a person has been convicted of a
3felony, misdemeanor or other criminal offense, placed on
4probation, fined, imprisoned, or paroled pursuant to any law
5enforcement or military authority.
6    (H) Department. "Department" means the Department of Human
7Rights created by this Act.
8    (I) Disability.
9    (1) "Disability" means a determinable physical or mental
10characteristic of a person, including, but not limited to, a
11determinable physical characteristic which necessitates the
12person's use of a guide, hearing or support dog, the history of
13such characteristic, or the perception of such characteristic
14by the person complained against, which may result from
15disease, injury, congenital condition of birth or functional
16disorder and which characteristic:
17        (a) For purposes of Article 2, is unrelated to the
18    person's ability to perform the duties of a particular job
19    or position and, pursuant to Section 2-104 of this Act, a
20    person's illegal use of drugs or alcohol is not a
21    disability;
22        (b) For purposes of Article 3, is unrelated to the
23    person's ability to acquire, rent, or maintain a housing
24    accommodation;
25        (c) For purposes of Article 4, is unrelated to a
26    person's ability to repay;

 

 

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1        (d) For purposes of Article 5, is unrelated to a
2    person's ability to utilize and benefit from a place of
3    public accommodation;
4        (e) For purposes of Article 5, also includes any
5    mental, psychological, or developmental disability,
6    including autism spectrum disorders.
7    (2) Discrimination based on disability includes unlawful
8discrimination against an individual because of the
9individual's association with a person with a disability.
10    (J) Marital status. "Marital status" means the legal
11status of being married, single, separated, divorced, or
12widowed.
13    (J-1) Military status. "Military status" means a person's
14status on active duty in or status as a veteran of the armed
15forces of the United States, status as a current member or
16veteran of any reserve component of the armed forces of the
17United States, including the United States Army Reserve,
18United States Marine Corps Reserve, United States Navy
19Reserve, United States Air Force Reserve, and United States
20Coast Guard Reserve, or status as a current member or veteran
21of the Illinois Army National Guard or Illinois Air National
22Guard.
23    (K) National origin. "National origin" means the place in
24which a person or one of his or her ancestors was born.
25    (K-5) "Order of protection status" means a person's status
26as being a person protected under an order of protection

 

 

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1issued pursuant to the Illinois Domestic Violence Act of 1986,
2Article 112A of the Code of Criminal Procedure of 1963, the
3Stalking No Contact Order Act, or the Civil No Contact Order
4Act, or an order of protection issued by a court of another
5state.
6    (L) Person. "Person" includes one or more individuals,
7partnerships, associations or organizations, labor
8organizations, labor unions, joint apprenticeship committees,
9or union labor associations, corporations, the State of
10Illinois and its instrumentalities, political subdivisions,
11units of local government, legal representatives, trustees in
12bankruptcy or receivers.
13    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
14or medical or common conditions related to pregnancy or
15childbirth.
16    (M) Public contract. "Public contract" includes every
17contract to which the State, any of its political
18subdivisions, or any municipal corporation is a party.
19    (N) Religion. "Religion" includes all aspects of religious
20observance and practice, as well as belief, except that with
21respect to employers, for the purposes of Article 2,
22"religion" has the meaning ascribed to it in paragraph (F) of
23Section 2-101.
24    (O) Sex. "Sex" means the status of being male or female.
25    (O-1) Sexual orientation. "Sexual orientation" means
26actual or perceived heterosexuality, homosexuality,

 

 

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1bisexuality, or gender-related identity, whether or not
2traditionally associated with the person's designated sex at
3birth. "Sexual orientation" does not include a physical or
4sexual attraction to a minor by an adult.
5    (O-5) Source of income. "Source of income" means the
6lawful manner by which an individual supports himself or
7herself and his or her dependents.
8    (P) Unfavorable military discharge. "Unfavorable military
9discharge" includes discharges from the Armed Forces of the
10United States, their Reserve components, or any National Guard
11or Naval Militia which are classified as RE-3 or the
12equivalent thereof, but does not include those characterized
13as RE-4 or "Dishonorable".
14    (Q) Unlawful discrimination. "Unlawful discrimination"
15means discrimination against a person because of his or her
16actual or perceived: race, color, religion, national origin,
17ancestry, age, sex, marital status, order of protection
18status, disability, military status, sexual orientation,
19pregnancy, or unfavorable discharge from military service as
20those terms are defined in this Section.
21(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
22101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
231-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
249-29-21.)
 
25    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)

 

 

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1    Sec. 3-102. Civil rights violations; real estate
2transactions. It is a civil rights violation for an owner or
3any other person engaging in a real estate transaction, or for
4a real estate broker or salesman, because of unlawful
5discrimination, familial status, source of income, or an
6arrest record, as defined under subsection (B-5) of Section
71-103, to:
8        (A) Transaction. Refuse to engage in a real estate
9    transaction with a person or to discriminate in making
10    available such a transaction;
11        (B) Terms. Alter the terms, conditions or privileges
12    of a real estate transaction or in the furnishing of
13    facilities or services in connection therewith;
14        (C) Offer. Refuse to receive or to fail to transmit a
15    bona fide offer to engage in a real estate transaction
16    from a person;
17        (D) Negotiation. Refuse to negotiate for a real estate
18    transaction with a person;
19        (E) Representations. Represent to a person that real
20    property is not available for inspection, sale, rental, or
21    lease when in fact it is so available, or to fail to bring
22    a property listing to his or her attention, or to refuse to
23    permit him or her to inspect real property;
24        (F) Publication of Intent. Make, print, circulate,
25    post, mail, publish or cause to be made, printed,
26    circulated, posted, mailed, or published any notice,

 

 

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1    statement, advertisement or sign, or use a form of
2    application for a real estate transaction, or make a
3    record or inquiry in connection with a prospective real
4    estate transaction, that indicates any preference,
5    limitation, or discrimination based on unlawful
6    discrimination or unlawful discrimination based on
7    familial status, source of income, or an arrest record, or
8    an intention to make any such preference, limitation, or
9    discrimination;
10        (G) Listings. Offer, solicit, accept, use or retain a
11    listing of real property with knowledge that unlawful
12    discrimination or discrimination on the basis of familial
13    status, source of income, or an arrest record in a real
14    estate transaction is intended.
15(Source: P.A. 101-565, eff. 1-1-20.)
 
16    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
17    Sec. 3-103. Blockbusting. It is a civil rights violation
18for any person to:
19    (A) Solicitation. Solicit for sale, lease, listing or
20purchase any residential real estate within this State, on the
21grounds of loss of value due to the present or prospective
22entry into the vicinity of the property involved of any person
23or persons of any particular race, color, religion, national
24origin, ancestry, age, sex, sexual orientation, marital
25status, familial status, source of income, or disability.

 

 

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

 

 

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1            (a) The owner does not own or have a beneficial
2        interest in more than three single family homes at the
3        time of the sale;
4            (b) The owner or a member of his or her family was
5        the last current resident of the home;
6            (c) The home is sold without the use in any manner
7        of the sales or rental facilities or services of any
8        real estate broker or salesman, or of any employee or
9        agent of any real estate broker or salesman;
10            (d) The home is sold without the publication,
11        posting or mailing, after notice, of any advertisement
12        or written notice in violation of paragraph (F) of
13        Section 3-102.
14        (2) This exemption does not apply to paragraph (F) of
15    Section 3-102.
16    (B) Apartments. Rental of a housing accommodation in a
17building which contains housing accommodations for not more
18than 4 families living independently of each other, if the
19owner resides in one of the housing accommodations. This
20exemption does not apply to paragraph (F) of Section 3-102.
21    (C) Private Rooms. Rental of a room or rooms in a private
22home by an owner if he or she or a member of his or her family
23resides therein or, while absent for a period of not more than
24twelve months, if he or she or a member of his or her family
25intends to return to reside therein.
26    (D) Reasonable local, State, or Federal restrictions

 

 

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1regarding the maximum number of occupants permitted to occupy
2a dwelling.
3    (E) Religious Organizations. A religious organization,
4association, or society, or any nonprofit institution or
5organization operated, supervised or controlled by or in
6conjunction with a religious organization, association, or
7society, from limiting the sale, rental or occupancy of a
8dwelling which it owns or operates for other than a commercial
9purpose to persons of the same religion, or from giving
10preference to such persons, unless membership in such religion
11is restricted on account of race, color, or national origin.
12    (F) Sex. Restricting the rental of rooms in a housing
13accommodation to persons of one sex.
14    (G) Persons Convicted of Drug-Related Offenses. Conduct
15against a person because such person has been convicted by any
16court of competent jurisdiction of the illegal manufacture or
17distribution of a controlled substance as defined in Section
18102 of the federal Controlled Substances Act (21 U.S.C. 802).
19    (H) Persons engaged in the business of furnishing
20appraisals of real property from taking into consideration
21factors other than those based on unlawful discrimination or
22familial status or source of income in furnishing appraisals.
23    (H-1) The owner of an owner-occupied residential building
24with 4 or fewer units (including the unit in which the owner
25resides) from making decisions regarding whether to rent to a
26person based upon that person's sexual orientation.

 

 

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1    (I) Housing for Older Persons. No provision in this
2Article regarding familial status shall apply with respect to
3housing for older persons.
4        (1) As used in this Section, "housing for older
5    persons" means housing:
6            (a) provided under any State or Federal program
7        that the Department determines is specifically
8        designed and operated to assist elderly persons (as
9        defined in the State or Federal program); or
10            (b) intended for, and solely occupied by, persons
11        62 years of age or older; or
12            (c) intended and operated for occupancy by persons
13        55 years of age or older and:
14                (i) at least 80% of the occupied units are
15            occupied by at least one person who is 55 years of
16            age or older;
17                (ii) the housing facility or community
18            publishes and adheres to policies and procedures
19            that demonstrate the intent required under this
20            subdivision (c); and
21                (iii) the housing facility or community
22            complies with rules adopted by the Department for
23            verification of occupancy, which shall:
24                    (aa) provide for verification by reliable
25                surveys and affidavits; and
26                    (bb) include examples of the types of

 

 

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1                policies and procedures relevant to a
2                determination of compliance with the
3                requirement of clause (ii).
4        These surveys and affidavits shall be admissible in
5    administrative and judicial proceedings for the purposes
6    of such verification.
7        (2) Housing shall not fail to meet the requirements
8    for housing for older persons by reason of:
9            (a) persons residing in such housing as of the
10        effective date of this amendatory Act of 1989 who do
11        not meet the age requirements of subsections (1)(b) or
12        (c); provided, that new occupants of such housing meet
13        the age requirements of subsections (1)(b) or (c) of
14        this subsection; or
15            (b) unoccupied units; provided, that such units
16        are reserved for occupancy by persons who meet the age
17        requirements of subsections (1)(b) or (c) of this
18        subsection.
19        (3) (a) A person shall not be held personally liable
20        for monetary damages for a violation of this Article
21        if the person reasonably relied, in good faith, on the
22        application of the exemption under this subsection (I)
23        relating to housing for older persons.
24            (b) For the purposes of this item (3), a person may
25        show good faith reliance on the application of the
26        exemption only by showing that:

 

 

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1                (i) the person has no actual knowledge that
2            the facility or community is not, or will not be,
3            eligible for the exemption; and
4                (ii) the facility or community has stated
5            formally, in writing, that the facility or
6            community complies with the requirements for the
7            exemption.
8    (J) Child Sex Offender Refusal to Rent. Refusal of a child
9sex offender who owns and resides at residential real estate
10to rent any residential unit within the same building in which
11he or she resides to a person who is the parent or guardian of
12a child or children under 18 years of age.
13    (K) Arrest Records. Inquiry into or the use of an arrest
14record if the inquiry or use is otherwise authorized by State
15or federal law.
16    (L) Financial Institutions. A financial institution as
17defined in Article 4 from considering source of income in a
18real estate transaction in compliance with State or federal
19law.
20(Source: P.A. 101-565, eff. 1-1-20.)".