Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1817 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0232
2	1		SB1817 EnrolledLRB103 27774 LNS 54152 b SB1817 Enrolled LRB103 27774 LNS 54152 b
3	2		SB1817 Enrolled LRB103 27774 LNS 54152 b
4		-	AN ACT concerning human rights.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Human Rights Act is amended by
8		-	changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
9		-	3-106 as follows:
10		-	(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
11		-	Sec. 3-101. Definitions. The following definitions are
12		-	applicable strictly in the context of this Article:
13		-	(A) Real Property. "Real property" includes buildings,
14		-	structures, real estate, lands, tenements, leaseholds,
15		-	interests in real estate cooperatives, condominiums, and
16		-	hereditaments, corporeal and incorporeal, or any interest
17		-	therein.
18		-	(B) Real Estate Transaction. "Real estate transaction"
19		-	includes the sale, exchange, rental or lease of real property.
20		-	"Real estate transaction" also includes the brokering or
21		-	appraising of residential real property and the making or
22		-	purchasing of loans or providing other financial assistance:
23		-	(1) for purchasing, constructing, improving, repairing or
24		-	maintaining a dwelling; or
25		-	(2) secured by residential real estate.
26		-	(C) Housing Accommodations. "Housing accommodation"
	3	+	1 AN ACT concerning human rights.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Human Rights Act is amended by
	7	+	5 changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
	8	+	6 3-106 as follows:
	9	+	7 (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
	10	+	8 Sec. 3-101. Definitions. The following definitions are
	11	+	9 applicable strictly in the context of this Article:
	12	+	10 (A) Real Property. "Real property" includes buildings,
	13	+	11 structures, real estate, lands, tenements, leaseholds,
	14	+	12 interests in real estate cooperatives, condominiums, and
	15	+	13 hereditaments, corporeal and incorporeal, or any interest
	16	+	14 therein.
	17	+	15 (B) Real Estate Transaction. "Real estate transaction"
	18	+	16 includes the sale, exchange, rental or lease of real property.
	19	+	17 "Real estate transaction" also includes the brokering or
	20	+	18 appraising of residential real property and the making or
	21	+	19 purchasing of loans or providing other financial assistance:
	22	+	20 (1) for purchasing, constructing, improving, repairing or
	23	+	21 maintaining a dwelling; or
	24	+	22 (2) secured by residential real estate.
	25	+	23 (C) Housing Accommodations. "Housing accommodation"
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33		-	includes any improved or unimproved real property, or part
34		-	thereof, which is used or occupied, or is intended, arranged
35		-	or designed to be used or occupied, as the home or residence of
36		-	one or more individuals.
37		-	(D) Real Estate Broker or Salesman. "Real estate broker or
38		-	salesman" means a person, whether licensed or not, who, for or
39		-	with the expectation of receiving a consideration, lists,
40		-	sells, purchases, exchanges, rents, or leases real property,
41		-	or who negotiates or attempts to negotiate any of these
42		-	activities, or who holds oneself himself or herself out as
43		-	engaged in these.
44		-	(E) Familial Status. "Familial status" means one or more
45		-	individuals (who have not attained the age of 18 years) being
46		-	domiciled with:
47		-	(1) a parent or person having legal custody of such
48		-	individual or individuals; or
49		-	(2) the designee of such parent or other person having
50		-	such custody, with the written permission of such parent or
51		-	other person.
52		-	The protections afforded by this Article against
53		-	discrimination on the basis of familial status apply to any
54		-	person who is pregnant or is in the process of securing legal
55		-	custody of any individual who has not attained the age of 18
56		-	years.
57		-	(F) Conciliation. "Conciliation" means the attempted
58		-	resolution of issues raised by a charge, or by the
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	34	+	1 includes any improved or unimproved real property, or part
	35	+	2 thereof, which is used or occupied, or is intended, arranged
	36	+	3 or designed to be used or occupied, as the home or residence of
	37	+	4 one or more individuals.
	38	+	5 (D) Real Estate Broker or Salesman. "Real estate broker or
	39	+	6 salesman" means a person, whether licensed or not, who, for or
	40	+	7 with the expectation of receiving a consideration, lists,
	41	+	8 sells, purchases, exchanges, rents, or leases real property,
	42	+	9 or who negotiates or attempts to negotiate any of these
	43	+	10 activities, or who holds oneself himself or herself out as
	44	+	11 engaged in these.
	45	+	12 (E) Familial Status. "Familial status" means one or more
	46	+	13 individuals (who have not attained the age of 18 years) being
	47	+	14 domiciled with:
	48	+	15 (1) a parent or person having legal custody of such
	49	+	16 individual or individuals; or
	50	+	17 (2) the designee of such parent or other person having
	51	+	18 such custody, with the written permission of such parent or
	52	+	19 other person.
	53	+	20 The protections afforded by this Article against
	54	+	21 discrimination on the basis of familial status apply to any
	55	+	22 person who is pregnant or is in the process of securing legal
	56	+	23 custody of any individual who has not attained the age of 18
	57	+	24 years.
	58	+	25 (F) Conciliation. "Conciliation" means the attempted
	59	+	26 resolution of issues raised by a charge, or by the
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60	61
61		-	investigation of such charge, through informal negotiations
62		-	involving the aggrieved party, the respondent and the
63		-	Department.
64		-	(G) Conciliation Agreement. "Conciliation agreement" means
65		-	a written agreement setting forth the resolution of the issues
66		-	in conciliation.
67		-	(H) Covered Multifamily Dwellings. As used in Section
68		-	3-102.1, "covered multifamily dwellings" means:
69		-	(1) buildings consisting of 4 or more units if such
70		-	buildings have one or more elevators; and
71		-	(2) ground floor units in other buildings consisting of 4
72		-	or more units.
73		-	(I) Immigration Status. "Immigration status" means a
74		-	person's actual or perceived citizenship or immigration
75		-	status.
76		-	(Source: P.A. 86-820; 86-910; 86-1028.)
77		-	(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
78		-	Sec. 3-102. Civil rights violations; real estate
79		-	transactions and other prohibited acts. It is a civil rights
80		-	violation for an owner or any other person engaging in a real
81		-	estate transaction, or for a real estate broker or salesman,
82		-	because of unlawful discrimination, familial status,
83		-	immigration status, source of income, or an arrest record, as
84		-	defined under subsection (B-5) of Section 1-103, to:
85		-	(A) Transactions. Transaction. Refuse to engage in a
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87	63
88		-	real estate transaction with a person or to discriminate
89		-	in making available such a transaction;
90		-	(B) Terms. Alter the terms, conditions or privileges
91		-	of a real estate transaction or in the furnishing of
92		-	facilities or services in connection therewith;
93		-	(C) Offers. Offer. Refuse to receive or to fail to
94		-	transmit a bona fide offer to engage in a real estate
95		-	transaction from a person;
96		-	(D) Negotiation. Refuse to negotiate for a real estate
97		-	transaction with a person;
98		-	(E) Representations. Represent to a person that real
99		-	property is not available for inspection, sale, rental, or
100		-	lease when in fact it is so available, or to fail to bring
101		-	a property listing to the person's his or her attention,
102		-	or to refuse to permit the person him or her to inspect
103		-	real property;
104		-	(F) Publication of Intent. Make, print, circulate,
105		-	post, mail, publish or cause to be made, printed,
106		-	circulated, posted, mailed, or published any notice,
107		-	statement, advertisement or sign, or use a form of
108		-	application for a real estate transaction, or make a
109		-	record or inquiry in connection with a prospective real
110		-	estate transaction, that indicates any preference,
111		-	limitation, or discrimination based on unlawful
112		-	discrimination or unlawful discrimination based on
113		-	familial status, immigration status, source of income, or
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116		-	an arrest record, or an intention to make any such
117		-	preference, limitation, or discrimination;
118		-	(G) Listings. Offer, solicit, accept, use or retain a
119		-	listing of real property with knowledge that unlawful
120		-	discrimination or discrimination on the basis of familial
121		-	status, immigration status, source of income, or an arrest
122		-	record in a real estate transaction is intended.
123		-	(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
124		-	(775 ILCS 5/3-102.10)
125		-	Sec. 3-102.10. Third-party loan modification service
126		-	provider.
127		-	(A) It is a civil rights violation for a third-party loan
128		-	modification service provider, because of unlawful
129		-	discrimination, familial status, immigration status, source of
130		-	income, or an arrest record, to:
131		-	(1) refuse to engage in loan modification services;
132		-	(2) alter the terms, conditions, or privileges of such
133		-	services; or
134		-	(3) discriminate in making such services available,
135		-	including, but not limited to, by making a statement,
136		-	advertisement, representation, inquiry, listing, offer, or
137		-	solicitation that indicates a preference or the intention
138		-	to make such a preference in making such services
139		-	available.
140		-	(B) For purposes of this Section, "third-party loan
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	70	+	1 investigation of such charge, through informal negotiations
	71	+	2 involving the aggrieved party, the respondent and the
	72	+	3 Department.
	73	+	4 (G) Conciliation Agreement. "Conciliation agreement" means
	74	+	5 a written agreement setting forth the resolution of the issues
	75	+	6 in conciliation.
	76	+	7 (H) Covered Multifamily Dwellings. As used in Section
	77	+	8 3-102.1, "covered multifamily dwellings" means:
	78	+	9 (1) buildings consisting of 4 or more units if such
	79	+	10 buildings have one or more elevators; and
	80	+	11 (2) ground floor units in other buildings consisting of 4
	81	+	12 or more units.
	82	+	13 (I) Immigration Status. "Immigration status" means a
	83	+	14 person's actual or perceived citizenship or immigration
	84	+	15 status.
	85	+	16 (Source: P.A. 86-820; 86-910; 86-1028.)
	86	+	17 (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
	87	+	18 Sec. 3-102. Civil rights violations; real estate
	88	+	19 transactions and other prohibited acts. It is a civil rights
	89	+	20 violation for an owner or any other person engaging in a real
	90	+	21 estate transaction, or for a real estate broker or salesman,
	91	+	22 because of unlawful discrimination, familial status,
	92	+	23 immigration status, source of income, or an arrest record, as
	93	+	24 defined under subsection (B-5) of Section 1-103, to:
	94	+	25 (A) Transactions. Transaction. Refuse to engage in a
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143		-	modification service provider" means a person or entity,
144		-	whether licensed or not, who, for or with the expectation of
145		-	receiving consideration, provides assistance or services to a
146		-	loan borrower to obtain a modification to a term of an existing
147		-	real estate loan or to obtain foreclosure relief. "Third-party
148		-	loan modification service provider" does not include lenders,
149		-	brokers or appraisers of mortgage loans, or the servicers,
150		-	subsidiaries, affiliates, or agents of the lender.
151		-	(Source: P.A. 102-362, eff. 1-1-22.)
152		-	(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
153		-	Sec. 3-103. Blockbusting. It is a civil rights violation
154		-	for any person to:
155		-	(A) Solicitation. Solicit for sale, lease, listing or
156		-	purchase any residential real estate within this State, on
157		-	the grounds of loss of value due to the present or
158		-	prospective entry into the vicinity of the property
159		-	involved of any person or persons of any particular race,
160		-	color, religion, national origin, ancestry, age, sex,
161		-	sexual orientation, marital status, familial status,
162		-	immigration status, source of income, or disability.
163		-	(B) Statements. Distribute or cause to be distributed,
164		-	written material or statements designed to induce any
165		-	owner of residential real estate in this State to sell or
166		-	lease the owner's his or her property because of any
167		-	present or prospective changes in the race, color,
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170		-	religion, national origin, ancestry, age, sex, sexual
171		-	orientation, marital status, familial status, immigration
172		-	status, source of income, or disability of residents in
173		-	the vicinity of the property involved.
174		-	(C) Creating Alarm. Intentionally create alarm, among
175		-	residents of any community, by transmitting communications
176		-	in any manner, including a telephone call whether or not
177		-	conversation thereby ensues, with a design to induce any
178		-	owner of residential real estate in this state to sell or
179		-	lease the owner's his or her property because of any
180		-	present or prospective entry into the vicinity of the
181		-	property involved of any person or persons of any
182		-	particular race, color, religion, national origin,
183		-	ancestry, age, sex, sexual orientation, marital status,
184		-	familial status, immigration status, source of income, or
185		-	disability.
186		-	(Source: P.A. 102-896, eff. 1-1-23.)
187		-	(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
188		-	Sec. 3-104.1. Refusal to sell or rent because a person has
189		-	a guide, hearing or support dog. It is a civil rights violation
190		-	for the owner or agent of any housing accommodation to:
191		-	(A) refuse to sell or rent after the making of a bona
192		-	fide bonafide offer, or to refuse to negotiate for the
193		-	sale or rental of, or otherwise make unavailable or deny
194		-	property to any blind or hearing impaired person or person
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197		-	with a physical disability because the blind or hearing
198		-	impaired person or person with a physical disability he
199		-	has a guide, hearing, or support dog; or
200		-	(B) discriminate against any blind or hearing impaired
201		-	person or person with a physical disability in the terms,
202		-	conditions, or privileges of sale or rental property, or
203		-	in the provision of services or facilities in connection
204		-	therewith, because the blind or hearing impaired person or
205		-	person with a physical disability he has a guide, hearing,
206		-	or support dog; or
207		-	(C) require, because a blind or hearing impaired
208		-	person or person with a physical disability has a guide,
209		-	hearing, or support dog, an extra charge in a lease,
210		-	rental agreement, or contract of purchase or sale, other
211		-	than for actual damage done to the premises by the dog.
212		-	(Source: P.A. 99-143, eff. 7-27-15.)
213		-	(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
214		-	Sec. 3-106. Exemptions. Nothing contained in Section 3-102
215		-	shall prohibit:
216		-	(A) Private Sales of Single Family Homes.
217		-	(1) Any sale of a single family home by its owner so
218		-	long as the following criteria are met:
219		-	(a) The owner does not own or have a beneficial
220		-	interest in more than 3 three single family homes at
221		-	the time of the sale;
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	105	+	1 real estate transaction with a person or to discriminate
	106	+	2 in making available such a transaction;
	107	+	3 (B) Terms. Alter the terms, conditions or privileges
	108	+	4 of a real estate transaction or in the furnishing of
	109	+	5 facilities or services in connection therewith;
	110	+	6 (C) Offers. Offer. Refuse to receive or to fail to
	111	+	7 transmit a bona fide offer to engage in a real estate
	112	+	8 transaction from a person;
	113	+	9 (D) Negotiation. Refuse to negotiate for a real estate
	114	+	10 transaction with a person;
	115	+	11 (E) Representations. Represent to a person that real
	116	+	12 property is not available for inspection, sale, rental, or
	117	+	13 lease when in fact it is so available, or to fail to bring
	118	+	14 a property listing to the person's his or her attention,
	119	+	15 or to refuse to permit the person him or her to inspect
	120	+	16 real property;
	121	+	17 (F) Publication of Intent. Make, print, circulate,
	122	+	18 post, mail, publish or cause to be made, printed,
	123	+	19 circulated, posted, mailed, or published any notice,
	124	+	20 statement, advertisement or sign, or use a form of
	125	+	21 application for a real estate transaction, or make a
	126	+	22 record or inquiry in connection with a prospective real
	127	+	23 estate transaction, that indicates any preference,
	128	+	24 limitation, or discrimination based on unlawful
	129	+	25 discrimination or unlawful discrimination based on
	130	+	26 familial status, immigration status, source of income, or
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224		-	(b) The owner or a member of the owner's his or her
225		-	family was the last current resident of the home;
226		-	(c) The home is sold without the use in any manner
227		-	of the sales or rental facilities or services of any
228		-	real estate broker or salesman, or of any employee or
229		-	agent of any real estate broker or salesman;
230		-	(d) The home is sold without the publication,
231		-	posting or mailing, after notice, of any advertisement
232		-	or written notice in violation of paragraph (F) of
233		-	Section 3-102.
234		-	(2) This exemption does not apply to paragraph (F) of
235		-	Section 3-102.
236		-	(B) Apartments. Rental of a housing accommodation in a
237		-	building which contains housing accommodations for not more
238		-	than 4 families living independently of each other, if the
239		-	owner resides in one of the housing accommodations. This
240		-	exemption does not apply to paragraph (F) of Section 3-102.
241		-	(C) Private Rooms. Rental of a room or rooms in a private
242		-	home by an owner if the owner he or she or a member of the
243		-	owner's his or her family resides therein or, while absent for
244		-	a period of not more than 12 twelve months, if the owner he or
245		-	she or a member of the owner's his or her family intends to
246		-	return to reside therein. This exemption does not apply to
247		-	paragraph (F) of Section 3-102.
248		-	(D) Reasonable local, State, or Federal restrictions
249		-	regarding the maximum number of occupants permitted to occupy
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252		-	a dwelling.
253		-	(E) Religious Organizations. A religious organization,
254		-	association, or society, or any nonprofit institution or
255		-	organization operated, supervised or controlled by or in
256		-	conjunction with a religious organization, association, or
257		-	society, from limiting the sale, rental or occupancy of a
258		-	dwelling which it owns or operates for other than a commercial
259		-	purpose to persons of the same religion, or from giving
260		-	preference to such persons, unless membership in such religion
261		-	is restricted on account of race, color, or national origin.
262		-	(F) Sex. Restricting the rental of rooms in a housing
263		-	accommodation to persons of one sex.
264		-	(G) Persons Convicted of Drug-Related Offenses. Conduct
265		-	against a person because such person has been convicted by any
266		-	court of competent jurisdiction of the illegal manufacture or
267		-	distribution of a controlled substance as defined in Section
268		-	102 of the federal Controlled Substances Act (21 U.S.C. 802).
269		-	(H) Persons engaged in the business of furnishing
270		-	appraisals of real property from taking into consideration
271		-	factors other than those based on unlawful discrimination or
272		-	familial status or source of income in furnishing appraisals.
273		-	(H-1) The owner of an owner-occupied residential building
274		-	with 4 or fewer units (including the unit in which the owner
275		-	resides) from making decisions regarding whether to rent to a
276		-	person based upon that person's sexual orientation.
277		-	(I) Housing for Older Persons. No provision in this
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280		-	Article regarding familial status shall apply with respect to
281		-	housing for older persons.
282		-	(1) As used in this Section, "housing for older
283		-	persons" means housing:
284		-	(a) provided under any State or Federal program
285		-	that the Department determines is specifically
286		-	designed and operated to assist elderly persons (as
287		-	defined in the State or Federal program); or
288		-	(b) intended for, and solely occupied by, persons
289		-	62 years of age or older; or
290		-	(c) intended and operated for occupancy by persons
291		-	55 years of age or older and:
292		-	(i) at least 80% of the occupied units are
293		-	occupied by at least one person who is 55 years of
294		-	age or older;
295		-	(ii) the housing facility or community
296		-	publishes and adheres to policies and procedures
297		-	that demonstrate the intent required under this
298		-	subdivision (c); and
299		-	(iii) the housing facility or community
300		-	complies with rules adopted by the Department for
301		-	verification of occupancy, which shall:
302		-	(aa) provide for verification by reliable
303		-	surveys and affidavits; and
304		-	(bb) include examples of the types of
305		-	policies and procedures relevant to a
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	141	+	1 an arrest record, or an intention to make any such
	142	+	2 preference, limitation, or discrimination;
	143	+	3 (G) Listings. Offer, solicit, accept, use or retain a
	144	+	4 listing of real property with knowledge that unlawful
	145	+	5 discrimination or discrimination on the basis of familial
	146	+	6 status, immigration status, source of income, or an arrest
	147	+	7 record in a real estate transaction is intended.
	148	+	8 (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
	149	+	9 (775 ILCS 5/3-102.10)
	150	+	10 Sec. 3-102.10. Third-party loan modification service
	151	+	11 provider.
	152	+	12 (A) It is a civil rights violation for a third-party loan
	153	+	13 modification service provider, because of unlawful
	154	+	14 discrimination, familial status, immigration status, source of
	155	+	15 income, or an arrest record, to:
	156	+	16 (1) refuse to engage in loan modification services;
	157	+	17 (2) alter the terms, conditions, or privileges of such
	158	+	18 services; or
	159	+	19 (3) discriminate in making such services available,
	160	+	20 including, but not limited to, by making a statement,
	161	+	21 advertisement, representation, inquiry, listing, offer, or
	162	+	22 solicitation that indicates a preference or the intention
	163	+	23 to make such a preference in making such services
	164	+	24 available.
	165	+	25 (B) For purposes of this Section, "third-party loan
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308		-	determination of compliance with the
309		-	requirement of clause (ii).
310		-	These surveys and affidavits shall be admissible in
311		-	administrative and judicial proceedings for the purposes
312		-	of such verification.
313		-	(2) Housing shall not fail to meet the requirements
314		-	for housing for older persons by reason of:
315		-	(a) persons residing in such housing as of the
316		-	effective date of this amendatory Act of 1989 who do
317		-	not meet the age requirements of subsections (1)(b) or
318		-	(c); provided, that new occupants of such housing meet
319		-	the age requirements of subsections (1)(b) or (c) of
320		-	this subsection; or
321		-	(b) unoccupied units; provided, that such units
322		-	are reserved for occupancy by persons who meet the age
323		-	requirements of subsections (1)(b) or (c) of this
324		-	subsection.
325		-	(3)(a) A person shall not be held personally liable
326		-	for monetary damages for a violation of this Article if
327		-	the person reasonably relied, in good faith, on the
328		-	application of the exemption under this subsection (I)
329		-	relating to housing for older persons.
330		-	(b) For the purposes of this item (3), a person may
331		-	show good faith reliance on the application of the
332		-	exemption only by showing that:
333		-	(i) the person has no actual knowledge that the
334	168
335	169
336		-	facility or community is not, or will not be, eligible
337		-	for the exemption; and
338		-	(ii) the facility or community has stated
339		-	formally, in writing, that the facility or community
340		-	complies with the requirements for the exemption.
341		-	(J) Child Sex Offender Refusal to Rent. Refusal of a child
342		-	sex offender who owns and resides at residential real estate
343		-	to rent any residential unit within the same building in which
344		-	the child sex offender he or she resides to a person who is the
345		-	parent or guardian of a child or children under 18 years of
346		-	age.
347		-	(K) Arrest Records. Inquiry into or the use of an arrest
348		-	record if the inquiry or use is otherwise authorized by State
349		-	or federal law.
350		-	(L) Financial Institutions. A financial institution as
351		-	defined in Article 4 from considering source of income or
352		-	immigration status in a real estate transaction in compliance
353		-	with State or federal law.
354		-	(M) Immigration Status. Inquiry into or the use of
355		-	immigration status if the inquiry or use is in compliance with
356		-	State or federal law.
357		-	(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
	170	+
	171	+	SB1817 Enrolled - 5 - LRB103 27774 LNS 54152 b
	172	+
	173	+
	174	+	SB1817 Enrolled- 6 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 6 - LRB103 27774 LNS 54152 b
	175	+	SB1817 Enrolled - 6 - LRB103 27774 LNS 54152 b
	176	+	1 modification service provider" means a person or entity,
	177	+	2 whether licensed or not, who, for or with the expectation of
	178	+	3 receiving consideration, provides assistance or services to a
	179	+	4 loan borrower to obtain a modification to a term of an existing
	180	+	5 real estate loan or to obtain foreclosure relief. "Third-party
	181	+	6 loan modification service provider" does not include lenders,
	182	+	7 brokers or appraisers of mortgage loans, or the servicers,
	183	+	8 subsidiaries, affiliates, or agents of the lender.
	184	+	9 (Source: P.A. 102-362, eff. 1-1-22.)
	185	+	10 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
	186	+	11 Sec. 3-103. Blockbusting. It is a civil rights violation
	187	+	12 for any person to:
	188	+	13 (A) Solicitation. Solicit for sale, lease, listing or
	189	+	14 purchase any residential real estate within this State, on
	190	+	15 the grounds of loss of value due to the present or
	191	+	16 prospective entry into the vicinity of the property
	192	+	17 involved of any person or persons of any particular race,
	193	+	18 color, religion, national origin, ancestry, age, sex,
	194	+	19 sexual orientation, marital status, familial status,
	195	+	20 immigration status, source of income, or disability.
	196	+	21 (B) Statements. Distribute or cause to be distributed,
	197	+	22 written material or statements designed to induce any
	198	+	23 owner of residential real estate in this State to sell or
	199	+	24 lease the owner's his or her property because of any
	200	+	25 present or prospective changes in the race, color,
	201	+
	202	+
	203	+
	204	+
	205	+
	206	+	SB1817 Enrolled - 6 - LRB103 27774 LNS 54152 b
	207	+
	208	+
	209	+	SB1817 Enrolled- 7 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 7 - LRB103 27774 LNS 54152 b
	210	+	SB1817 Enrolled - 7 - LRB103 27774 LNS 54152 b
	211	+	1 religion, national origin, ancestry, age, sex, sexual
	212	+	2 orientation, marital status, familial status, immigration
	213	+	3 status, source of income, or disability of residents in
	214	+	4 the vicinity of the property involved.
	215	+	5 (C) Creating Alarm. Intentionally create alarm, among
	216	+	6 residents of any community, by transmitting communications
	217	+	7 in any manner, including a telephone call whether or not
	218	+	8 conversation thereby ensues, with a design to induce any
	219	+	9 owner of residential real estate in this state to sell or
	220	+	10 lease the owner's his or her property because of any
	221	+	11 present or prospective entry into the vicinity of the
	222	+	12 property involved of any person or persons of any
	223	+	13 particular race, color, religion, national origin,
	224	+	14 ancestry, age, sex, sexual orientation, marital status,
	225	+	15 familial status, immigration status, source of income, or
	226	+	16 disability.
	227	+	17 (Source: P.A. 102-896, eff. 1-1-23.)
	228	+	18 (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
	229	+	19 Sec. 3-104.1. Refusal to sell or rent because a person has
	230	+	20 a guide, hearing or support dog. It is a civil rights violation
	231	+	21 for the owner or agent of any housing accommodation to:
	232	+	22 (A) refuse to sell or rent after the making of a bona
	233	+	23 fide bonafide offer, or to refuse to negotiate for the
	234	+	24 sale or rental of, or otherwise make unavailable or deny
	235	+	25 property to any blind or hearing impaired person or person
	236	+
	237	+
	238	+
	239	+
	240	+
	241	+	SB1817 Enrolled - 7 - LRB103 27774 LNS 54152 b
	242	+
	243	+
	244	+	SB1817 Enrolled- 8 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 8 - LRB103 27774 LNS 54152 b
	245	+	SB1817 Enrolled - 8 - LRB103 27774 LNS 54152 b
	246	+	1 with a physical disability because the blind or hearing
	247	+	2 impaired person or person with a physical disability he
	248	+	3 has a guide, hearing, or support dog; or
	249	+	4 (B) discriminate against any blind or hearing impaired
	250	+	5 person or person with a physical disability in the terms,
	251	+	6 conditions, or privileges of sale or rental property, or
	252	+	7 in the provision of services or facilities in connection
	253	+	8 therewith, because the blind or hearing impaired person or
	254	+	9 person with a physical disability he has a guide, hearing,
	255	+	10 or support dog; or
	256	+	11 (C) require, because a blind or hearing impaired
	257	+	12 person or person with a physical disability has a guide,
	258	+	13 hearing, or support dog, an extra charge in a lease,
	259	+	14 rental agreement, or contract of purchase or sale, other
	260	+	15 than for actual damage done to the premises by the dog.
	261	+	16 (Source: P.A. 99-143, eff. 7-27-15.)
	262	+	17 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
	263	+	18 Sec. 3-106. Exemptions. Nothing contained in Section 3-102
	264	+	19 shall prohibit:
	265	+	20 (A) Private Sales of Single Family Homes.
	266	+	21 (1) Any sale of a single family home by its owner so
	267	+	22 long as the following criteria are met:
	268	+	23 (a) The owner does not own or have a beneficial
	269	+	24 interest in more than 3 three single family homes at
	270	+	25 the time of the sale;
	271	+
	272	+
	273	+
	274	+
	275	+
	276	+	SB1817 Enrolled - 8 - LRB103 27774 LNS 54152 b
	277	+
	278	+
	279	+	SB1817 Enrolled- 9 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 9 - LRB103 27774 LNS 54152 b
	280	+	SB1817 Enrolled - 9 - LRB103 27774 LNS 54152 b
	281	+	1 (b) The owner or a member of the owner's his or her
	282	+	2 family was the last current resident of the home;
	283	+	3 (c) The home is sold without the use in any manner
	284	+	4 of the sales or rental facilities or services of any
	285	+	5 real estate broker or salesman, or of any employee or
	286	+	6 agent of any real estate broker or salesman;
	287	+	7 (d) The home is sold without the publication,
	288	+	8 posting or mailing, after notice, of any advertisement
	289	+	9 or written notice in violation of paragraph (F) of
	290	+	10 Section 3-102.
	291	+	11 (2) This exemption does not apply to paragraph (F) of
	292	+	12 Section 3-102.
	293	+	13 (B) Apartments. Rental of a housing accommodation in a
	294	+	14 building which contains housing accommodations for not more
	295	+	15 than 4 families living independently of each other, if the
	296	+	16 owner resides in one of the housing accommodations. This
	297	+	17 exemption does not apply to paragraph (F) of Section 3-102.
	298	+	18 (C) Private Rooms. Rental of a room or rooms in a private
	299	+	19 home by an owner if the owner he or she or a member of the
	300	+	20 owner's his or her family resides therein or, while absent for
	301	+	21 a period of not more than 12 twelve months, if the owner he or
	302	+	22 she or a member of the owner's his or her family intends to
	303	+	23 return to reside therein. This exemption does not apply to
	304	+	24 paragraph (F) of Section 3-102.
	305	+	25 (D) Reasonable local, State, or Federal restrictions
	306	+	26 regarding the maximum number of occupants permitted to occupy
	307	+
	308	+
	309	+
	310	+
	311	+
	312	+	SB1817 Enrolled - 9 - LRB103 27774 LNS 54152 b
	313	+
	314	+
	315	+	SB1817 Enrolled- 10 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 10 - LRB103 27774 LNS 54152 b
	316	+	SB1817 Enrolled - 10 - LRB103 27774 LNS 54152 b
	317	+	1 a dwelling.
	318	+	2 (E) Religious Organizations. A religious organization,
	319	+	3 association, or society, or any nonprofit institution or
	320	+	4 organization operated, supervised or controlled by or in
	321	+	5 conjunction with a religious organization, association, or
	322	+	6 society, from limiting the sale, rental or occupancy of a
	323	+	7 dwelling which it owns or operates for other than a commercial
	324	+	8 purpose to persons of the same religion, or from giving
	325	+	9 preference to such persons, unless membership in such religion
	326	+	10 is restricted on account of race, color, or national origin.
	327	+	11 (F) Sex. Restricting the rental of rooms in a housing
	328	+	12 accommodation to persons of one sex.
	329	+	13 (G) Persons Convicted of Drug-Related Offenses. Conduct
	330	+	14 against a person because such person has been convicted by any
	331	+	15 court of competent jurisdiction of the illegal manufacture or
	332	+	16 distribution of a controlled substance as defined in Section
	333	+	17 102 of the federal Controlled Substances Act (21 U.S.C. 802).
	334	+	18 (H) Persons engaged in the business of furnishing
	335	+	19 appraisals of real property from taking into consideration
	336	+	20 factors other than those based on unlawful discrimination or
	337	+	21 familial status or source of income in furnishing appraisals.
	338	+	22 (H-1) The owner of an owner-occupied residential building
	339	+	23 with 4 or fewer units (including the unit in which the owner
	340	+	24 resides) from making decisions regarding whether to rent to a
	341	+	25 person based upon that person's sexual orientation.
	342	+	26 (I) Housing for Older Persons. No provision in this
	343	+
	344	+
	345	+
	346	+
	347	+
	348	+	SB1817 Enrolled - 10 - LRB103 27774 LNS 54152 b
	349	+
	350	+
	351	+	SB1817 Enrolled- 11 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 11 - LRB103 27774 LNS 54152 b
	352	+	SB1817 Enrolled - 11 - LRB103 27774 LNS 54152 b
	353	+	1 Article regarding familial status shall apply with respect to
	354	+	2 housing for older persons.
	355	+	3 (1) As used in this Section, "housing for older
	356	+	4 persons" means housing:
	357	+	5 (a) provided under any State or Federal program
	358	+	6 that the Department determines is specifically
	359	+	7 designed and operated to assist elderly persons (as
	360	+	8 defined in the State or Federal program); or
	361	+	9 (b) intended for, and solely occupied by, persons
	362	+	10 62 years of age or older; or
	363	+	11 (c) intended and operated for occupancy by persons
	364	+	12 55 years of age or older and:
	365	+	13 (i) at least 80% of the occupied units are
	366	+	14 occupied by at least one person who is 55 years of
	367	+	15 age or older;
	368	+	16 (ii) the housing facility or community
	369	+	17 publishes and adheres to policies and procedures
	370	+	18 that demonstrate the intent required under this
	371	+	19 subdivision (c); and
	372	+	20 (iii) the housing facility or community
	373	+	21 complies with rules adopted by the Department for
	374	+	22 verification of occupancy, which shall:
	375	+	23 (aa) provide for verification by reliable
	376	+	24 surveys and affidavits; and
	377	+	25 (bb) include examples of the types of
	378	+	26 policies and procedures relevant to a
	379	+
	380	+
	381	+
	382	+
	383	+
	384	+	SB1817 Enrolled - 11 - LRB103 27774 LNS 54152 b
	385	+
	386	+
	387	+	SB1817 Enrolled- 12 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 12 - LRB103 27774 LNS 54152 b
	388	+	SB1817 Enrolled - 12 - LRB103 27774 LNS 54152 b
	389	+	1 determination of compliance with the
	390	+	2 requirement of clause (ii).
	391	+	3 These surveys and affidavits shall be admissible in
	392	+	4 administrative and judicial proceedings for the purposes
	393	+	5 of such verification.
	394	+	6 (2) Housing shall not fail to meet the requirements
	395	+	7 for housing for older persons by reason of:
	396	+	8 (a) persons residing in such housing as of the
	397	+	9 effective date of this amendatory Act of 1989 who do
	398	+	10 not meet the age requirements of subsections (1)(b) or
	399	+	11 (c); provided, that new occupants of such housing meet
	400	+	12 the age requirements of subsections (1)(b) or (c) of
	401	+	13 this subsection; or
	402	+	14 (b) unoccupied units; provided, that such units
	403	+	15 are reserved for occupancy by persons who meet the age
	404	+	16 requirements of subsections (1)(b) or (c) of this
	405	+	17 subsection.
	406	+	18 (3)(a) A person shall not be held personally liable
	407	+	19 for monetary damages for a violation of this Article if
	408	+	20 the person reasonably relied, in good faith, on the
	409	+	21 application of the exemption under this subsection (I)
	410	+	22 relating to housing for older persons.
	411	+	23 (b) For the purposes of this item (3), a person may
	412	+	24 show good faith reliance on the application of the
	413	+	25 exemption only by showing that:
	414	+	26 (i) the person has no actual knowledge that the
	415	+
	416	+
	417	+
	418	+
	419	+
	420	+	SB1817 Enrolled - 12 - LRB103 27774 LNS 54152 b
	421	+
	422	+
	423	+	SB1817 Enrolled- 13 -LRB103 27774 LNS 54152 b SB1817 Enrolled - 13 - LRB103 27774 LNS 54152 b
	424	+	SB1817 Enrolled - 13 - LRB103 27774 LNS 54152 b
	425	+	1 facility or community is not, or will not be, eligible
	426	+	2 for the exemption; and
	427	+	3 (ii) the facility or community has stated
	428	+	4 formally, in writing, that the facility or community
	429	+	5 complies with the requirements for the exemption.
	430	+	6 (J) Child Sex Offender Refusal to Rent. Refusal of a child
	431	+	7 sex offender who owns and resides at residential real estate
	432	+	8 to rent any residential unit within the same building in which
	433	+	9 the child sex offender he or she resides to a person who is the
	434	+	10 parent or guardian of a child or children under 18 years of
	435	+	11 age.
	436	+	12 (K) Arrest Records. Inquiry into or the use of an arrest
	437	+	13 record if the inquiry or use is otherwise authorized by State
	438	+	14 or federal law.
	439	+	15 (L) Financial Institutions. A financial institution as
	440	+	16 defined in Article 4 from considering source of income or
	441	+	17 immigration status in a real estate transaction in compliance
	442	+	18 with State or federal law.
	443	+	19 (M) Immigration Status. Inquiry into or the use of
	444	+	20 immigration status if the inquiry or use is in compliance with
	445	+	21 State or federal law.
	446	+	22 (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
	447	+
	448	+
	449	+
	450	+
	451	+
	452	+	SB1817 Enrolled - 13 - LRB103 27774 LNS 54152 b