Public Act 103-0232
SB1817 EnrolledLRB103 27774 LNS 54152 b SB1817 Enrolled LRB103 27774 LNS 54152 b
SB1817 Enrolled LRB103 27774 LNS 54152 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
3-106 as follows:
(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
Sec. 3-101. Definitions. The following definitions are
applicable strictly in the context of this Article:
(A) Real Property. "Real property" includes buildings,
structures, real estate, lands, tenements, leaseholds,
interests in real estate cooperatives, condominiums, and
hereditaments, corporeal and incorporeal, or any interest
therein.
(B) Real Estate Transaction. "Real estate transaction"
includes the sale, exchange, rental or lease of real property.
"Real estate transaction" also includes the brokering or
appraising of residential real property and the making or
purchasing of loans or providing other financial assistance:
(1) for purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(2) secured by residential real estate.
(C) Housing Accommodations. "Housing accommodation"
SB1817 Enrolled LRB103 27774 LNS 54152 b
includes any improved or unimproved real property, or part
thereof, which is used or occupied, or is intended, arranged
or designed to be used or occupied, as the home or residence of
one or more individuals.
(D) Real Estate Broker or Salesman. "Real estate broker or
salesman" means a person, whether licensed or not, who, for or
with the expectation of receiving a consideration, lists,
sells, purchases, exchanges, rents, or leases real property,
or who negotiates or attempts to negotiate any of these
activities, or who holds oneself himself or herself out as
engaged in these.
(E) Familial Status. "Familial status" means one or more
individuals (who have not attained the age of 18 years) being
domiciled with:
(1) a parent or person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having
such custody, with the written permission of such parent or
other person.
The protections afforded by this Article against
discrimination on the basis of familial status apply to any
person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18
years.
(F) Conciliation. "Conciliation" means the attempted
resolution of issues raised by a charge, or by the
investigation of such charge, through informal negotiations
involving the aggrieved party, the respondent and the
Department.
(G) Conciliation Agreement. "Conciliation agreement" means
a written agreement setting forth the resolution of the issues
in conciliation.
(H) Covered Multifamily Dwellings. As used in Section
3-102.1, "covered multifamily dwellings" means:
(1) buildings consisting of 4 or more units if such
buildings have one or more elevators; and
(2) ground floor units in other buildings consisting of 4
or more units.
(I) Immigration Status. "Immigration status" means a
person's actual or perceived citizenship or immigration
status.
(Source: P.A. 86-820; 86-910; 86-1028.)
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
Sec. 3-102. Civil rights violations; real estate
transactions and other prohibited acts. It is a civil rights
violation for an owner or any other person engaging in a real
estate transaction, or for a real estate broker or salesman,
because of unlawful discrimination, familial status,
immigration status, source of income, or an arrest record, as
defined under subsection (B-5) of Section 1-103, to:
(A) Transactions. Transaction. Refuse to engage in a
real estate transaction with a person or to discriminate
in making available such a transaction;
(B) Terms. Alter the terms, conditions or privileges
of a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(C) Offers. Offer. Refuse to receive or to fail to
transmit a bona fide offer to engage in a real estate
transaction from a person;
(D) Negotiation. Refuse to negotiate for a real estate
transaction with a person;
(E) Representations. Represent to a person that real
property is not available for inspection, sale, rental, or
lease when in fact it is so available, or to fail to bring
a property listing to the person's his or her attention,
or to refuse to permit the person him or her to inspect
real property;
(F) Publication of Intent. Make, print, circulate,
post, mail, publish or cause to be made, printed,
circulated, posted, mailed, or published any notice,
statement, advertisement or sign, or use a form of
application for a real estate transaction, or make a
record or inquiry in connection with a prospective real
estate transaction, that indicates any preference,
limitation, or discrimination based on unlawful
discrimination or unlawful discrimination based on
familial status, immigration status, source of income, or
an arrest record, or an intention to make any such
preference, limitation, or discrimination;
(G) Listings. Offer, solicit, accept, use or retain a
listing of real property with knowledge that unlawful
discrimination or discrimination on the basis of familial
status, immigration status, source of income, or an arrest
record in a real estate transaction is intended.
(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
(775 ILCS 5/3-102.10)
Sec. 3-102.10. Third-party loan modification service
provider.
(A) It is a civil rights violation for a third-party loan
modification service provider, because of unlawful
discrimination, familial status, immigration status, source of
income, or an arrest record, to:
(1) refuse to engage in loan modification services;
(2) alter the terms, conditions, or privileges of such
services; or
(3) discriminate in making such services available,
including, but not limited to, by making a statement,
advertisement, representation, inquiry, listing, offer, or
solicitation that indicates a preference or the intention
to make such a preference in making such services
available.
(B) For purposes of this Section, "third-party loan
modification service provider" means a person or entity,
whether licensed or not, who, for or with the expectation of
receiving consideration, provides assistance or services to a
loan borrower to obtain a modification to a term of an existing
real estate loan or to obtain foreclosure relief. "Third-party
loan modification service provider" does not include lenders,
brokers or appraisers of mortgage loans, or the servicers,
subsidiaries, affiliates, or agents of the lender.
(Source: P.A. 102-362, eff. 1-1-22.)
(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
Sec. 3-103. Blockbusting. It is a civil rights violation
for any person to:
(A) Solicitation. Solicit for sale, lease, listing or
purchase any residential real estate within this State, on
the grounds of loss of value due to the present or
prospective entry into the vicinity of the property
involved of any person or persons of any particular race,
color, religion, national origin, ancestry, age, sex,
sexual orientation, marital status, familial status,
immigration status, source of income, or disability.
(B) Statements. Distribute or cause to be distributed,
written material or statements designed to induce any
owner of residential real estate in this State to sell or
lease the owner's his or her property because of any
present or prospective changes in the race, color,
religion, national origin, ancestry, age, sex, sexual
orientation, marital status, familial status, immigration
status, source of income, or disability of residents in
the vicinity of the property involved.
(C) Creating Alarm. Intentionally create alarm, among
residents of any community, by transmitting communications
in any manner, including a telephone call whether or not
conversation thereby ensues, with a design to induce any
owner of residential real estate in this state to sell or
lease the owner's his or her property because of any
present or prospective entry into the vicinity of the
property involved of any person or persons of any
particular race, color, religion, national origin,
ancestry, age, sex, sexual orientation, marital status,
familial status, immigration status, source of income, or
disability.
(Source: P.A. 102-896, eff. 1-1-23.)
(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
Sec. 3-104.1. Refusal to sell or rent because a person has
a guide, hearing or support dog. It is a civil rights violation
for the owner or agent of any housing accommodation to:
(A) refuse to sell or rent after the making of a bona
fide bonafide offer, or to refuse to negotiate for the
sale or rental of, or otherwise make unavailable or deny
property to any blind or hearing impaired person or person
with a physical disability because the blind or hearing
impaired person or person with a physical disability he
has a guide, hearing, or support dog; or
(B) discriminate against any blind or hearing impaired
person or person with a physical disability in the terms,
conditions, or privileges of sale or rental property, or
in the provision of services or facilities in connection
therewith, because the blind or hearing impaired person or
person with a physical disability he has a guide, hearing,
or support dog; or
(C) require, because a blind or hearing impaired
person or person with a physical disability has a guide,
hearing, or support dog, an extra charge in a lease,
rental agreement, or contract of purchase or sale, other
than for actual damage done to the premises by the dog.
(Source: P.A. 99-143, eff. 7-27-15.)
(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:
(a) The owner does not own or have a beneficial
interest in more than 3 three single family homes at
the time of the sale;
(b) The owner or a member of the owner's his or her
family was the last current resident of the home;
(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;
(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.
(2) This exemption does not apply to paragraph (F) of
Section 3-102.
(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 he or she or a member of the
owner's his or her family resides therein or, while absent for
a period of not more than 12 twelve months, if the owner he or
she or a member of the owner's his or her 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
persons" means housing:
(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
(b) intended for, and solely occupied by, persons
62 years of age or older; or
(c) intended and operated for occupancy by persons
55 years of age or older and:
(i) at least 80% of the occupied units are
occupied by at least one person who is 55 years of
age or older;
(ii) the housing facility or community
publishes and adheres to policies and procedures
that demonstrate the intent required under this
subdivision (c); and
(iii) the housing facility or community
complies with rules adopted by the Department for
verification of occupancy, which shall:
(aa) provide for verification by reliable
surveys and affidavits; and
(bb) include examples of the types of
policies and procedures relevant to a
determination of compliance with the
requirement of clause (ii).
These surveys and affidavits shall be admissible in
administrative and judicial proceedings for the purposes
of such verification.
(2) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
(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
(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.
(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.
(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:
(i) the person has no actual knowledge that the
facility or community is not, or will not be, eligible
for the exemption; and
(ii) the facility or community has stated
formally, in writing, that the facility or community
complies with the requirements for the exemption.
(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 he or she 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. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)