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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.
HUMAN RIGHTS (775 ILCS 5/) Illinois Human Rights Act. 775 ILCS 5/3-105
(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
Sec. 3-105. Restrictive covenants. (A) Agreements. Every provision in an oral agreement or a written instrument
relating to real property which purports to forbid or restrict the conveyance,
encumbrance, occupancy, or lease thereof on the basis of race, color, religion,
or national origin is void.
(B) Limitations. (1) Every condition, restriction or prohibition, including
a right of entry or possibility of reverter, which directly or indirectly
limits the use or occupancy of real property on the basis of race, color,
religion, or national origin is void.
(2) This Section shall not apply to a limitation of use on the basis of
religion of real property held by a religious institution or organization
or by a religious or charitable organization operated, supervised, or controlled
by a religious institution or organization, and used for religious or charitable
purposes.
(C) Civil Rights Violations. It is a civil rights violation to insert
in a written instrument relating to real property a provision that is void
under this Section or to honor or attempt to honor such a provision in the
chain of title.
(Source: P.A. 99-642, eff. 7-28-16.)
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775 ILCS 5/3-105.1 (775 ILCS 5/3-105.1) Sec. 3-105.1. Interference, coercion, or intimidation.
It is a civil rights violation to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Article 3.
(Source: P.A. 94-78, eff. 1-1-06.) |
775 ILCS 5/3-106 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 shall
prohibit:
(A) Private Sales of Single Family Homes. (1) Any sale of a single family home by its owner so | | long as the following criteria are met:
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(a) The owner does not own or have a beneficial
| | interest in more than 3 single family homes at the time of the sale;
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(b) The owner or a member of the owner's family
| | was the last current resident of the home;
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(c) The home is sold without the use in any
| | manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman;
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(d) The home is sold without the publication,
| | posting or mailing, after notice, of any advertisement or written notice in violation of paragraph (F) of Section 3-102.
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(2) This exemption does not apply to paragraph (F) of
| | (B) Apartments. Rental of a housing accommodation in a building
which contains housing accommodations for not more than 4 families
living independently of each other, if the owner resides in one of the housing accommodations.
This exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private home by
an owner if the owner or a member of the owner's family resides therein or,
while absent for a period of not more than 12 months, if the owner or a
member of the owner's family intends to return to reside therein.
This exemption does not apply to paragraph (F) of Section 3-102.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling.
(E) Religious Organizations. A religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of a dwelling which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing accommodation to
persons of one sex.
(G) Persons Convicted of Drug-Related Offenses.
Conduct against a person because such person has been convicted by
any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
(H) Persons engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than those based on
unlawful discrimination or familial status or source of income in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building with 4 or
fewer units (including the unit in which the owner resides) from making
decisions regarding whether to rent to a person based upon that person's
sexual orientation.
(I) Housing for Older Persons. No provision in this Article regarding
familial status shall apply with respect to housing for older persons.
(1) As used in this Section, "housing for older
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(a) provided under any State or Federal program
| | that the Department determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
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(b) intended for, and solely occupied by, persons
| | 62 years of age or older; or
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(c) intended and operated for occupancy by
| | persons 55 years of age or older and:
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(i) at least 80% of the occupied units are
| | occupied by at least one person who is 55 years of age or older;
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(ii) the housing facility or community
| | publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (c); and
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(iii) the housing facility or community
| | complies with rules adopted by the Department for verification of occupancy, which shall:
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(aa) provide for verification by reliable
| | surveys and affidavits; and
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(bb) include examples of the types of
| | policies and procedures relevant to a determination of compliance with the requirement of clause (ii).
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These surveys and affidavits shall be admissible in
| | administrative and judicial proceedings for the purposes of such verification.
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(2) Housing shall not fail to meet the requirements
| | for housing for older persons by reason of:
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(a) persons residing in such housing as of the
| | effective date of this amendatory Act of 1989 who do not meet the age requirements of subsections (1)(b) or (c); provided, that new occupants of such housing meet the age requirements of subsections (1)(b) or (c) of this subsection; or
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(b) unoccupied units; provided, that such units
| | are reserved for occupancy by persons who meet the age requirements of subsections (1)(b) or (c) of this subsection.
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(3)(a) A person shall not be held personally liable
| | for monetary damages for a violation of this Article if the person reasonably relied, in good faith, on the application of the exemption under this subsection (I) relating to housing for older persons.
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(b) For the purposes of this item (3), a person may
| | show good faith reliance on the application of the exemption only by showing that:
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(i) the person has no actual knowledge that the
| | facility or community is not, or will not be, eligible for the exemption; and
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(ii) the facility or community has stated
| | formally, in writing, that the facility or community complies with the requirements for the exemption.
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(J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at residential real estate to rent any residential unit within the same building in which the child sex offender resides to a person who is the parent or guardian of a child or children under 18 years of age.
(K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by State or federal law.
(L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income or immigration status in a real estate transaction in compliance with State or federal law.
(M) Immigration Status. Inquiry into or the use of immigration status if the inquiry or use is in compliance with State or federal law.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24 .)
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775 ILCS 5/Art. 4
(775 ILCS 5/Art. 4 heading)
ARTICLE 4.
FINANCIAL CREDIT
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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.
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(2) Requiring a shorter period of amortization than
| | is usual for the particular type of loan involved.
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(3) Charging a higher interest rate than is usual for
| | the particular type of loan involved.
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(4) An under appraisal of real estate or other item
| | of property offered as security.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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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.)
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