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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(775 ILCS 5/) Illinois Human Rights Act.

775 ILCS 5/Art. 4

    (775 ILCS 5/Art. 4 heading)

775 ILCS 5/4-101

    (775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
    Sec. 4-101. Definitions. The following definitions are applicable strictly in the context of this Article:
    (A) Credit Card. "Credit card" has the meaning set forth in Section 17-0.5 of the Criminal Code of 2012.
    (B) Financial Institution. "Financial institution" means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this State.
    (C) Loan. "Loan" includes, but is not limited to, the providing of funds, for consideration, which are sought for: (1) the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation as that term is defined in paragraph (C) of Section 3-101; or (2) any commercial or industrial purposes.
    (D) Varying Terms. "Varying the terms of a loan" includes, but is not limited to, the following practices:
        (1) Requiring a greater down payment than is usual
for the particular type of a loan involved.
        (2) Requiring a shorter period of amortization than
is usual for the particular type of loan involved.
        (3) Charging a higher interest rate than is usual for
the particular type of loan involved.
        (4) An under appraisal of real estate or other item
of property offered as security.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

775 ILCS 5/4-102

    (775 ILCS 5/4-102) (from Ch. 68, par. 4-102)
    Sec. 4-102. Civil Rights Violations: Loans. It shall be a civil rights violation for any financial institution, on the grounds of unlawful discrimination, to:
    (A) Denial of Services. Deny any person any of the services normally offered by such an institution.
    (B) Modification of Services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated.
    (C) Loan Terms. Deny or vary the terms of a loan.
    (D) Property Location. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area.
    (E) Consideration of Income. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan.
    (F) Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination.
(Source: P.A. 81-1216.)

775 ILCS 5/4-103

    (775 ILCS 5/4-103) (from Ch. 68, par. 4-103)
    Sec. 4-103. Credit Cards. It is a civil rights violation for a person who offers credit cards to the public in this State:
        (A) Denial. To refuse to issue a credit card, upon
proper application, on the basis of unlawful discrimination.
        (B) Reasons for Rejection. To fail to inform an
applicant for a credit card, upon request, of the reason that his or her application for a credit card has been rejected.
(Source: P.A. 81-1216.)

775 ILCS 5/4-104

    (775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
    Sec. 4-104. Exemptions. Nothing contained in this Article shall prohibit:
        (A) Sound Underwriting Practices. A financial
institution from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include:
            (1) The willingness and the financial ability of
the borrower to repay the loan.
            (2) The market value of any real estate or other
item of property proposed as security for any loan.
            (3) Diversification of the financial
institution's investment portfolio.
        (B) Credit-worthiness Information; Credit Systems. A
financial institution or a person who offers credit cards from:
            (1) making an inquiry of the applicant's age,
permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Department;
            (2) using any empirically derived credit system
which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Department, except that in the operation of such system the age of an applicant over the age of 62 years may not be assigned a negative factor or value.
        (C) Special Credit Programs. A financial institution
from refusing to extend credit when required to by or pursuant to any:
            (1) credit assistance program expressly
authorized by law for an economically disadvantaged class of persons;
            (2) credit assistance program administered by a
nonprofit organization for its members of an economically disadvantaged class of persons;
            (3) special purpose credit program offered by a
profit-making organization to meet special social needs which meets standards prescribed by the Department in its regulations.
(Source: P.A. 100-201, eff. 8-18-17.)