Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2818 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2818 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction. LRB103 37250 JRC 67370 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2818 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction. LRB103 37250 JRC 67370 b LRB103 37250 JRC 67370 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2818 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Human Rights Act is amended by
15	15	5 changing Sections 3-102.10 and 3-106 and by adding Section
16	16	6 3-102.2 as follows:
17	17	7 (775 ILCS 5/3-102.2 new)
18	18	8 Sec. 3-102.2. Civil rights violations; conviction record.
19	19	9 (A) It is a civil rights violation to inquire into a
20	20	10 person's conviction record as defined under subsection (G-5)
21	21	11 of Section 1-103 prior to making a conditional offer to sell,
22	22	12 lease, or rent real property. As used in this Section,
23	23	13 "conditional offer" means an offer to sell, lease, or rent
24	24	14 real property contingent on conducting a criminal history
25	25	15 check or criminal background check.
26	26	16 (B) Unless otherwise authorized by law, it is a civil
27	27	17 rights violation for an owner or any other person engaging in a
28	28	18 real estate transaction, or for a real estate broker or
29	29	19 salesman, because of conviction record, to:
30	30	20 (1) refuse to engage in a real estate transaction with
31	31	21 a person or to discriminate in making available such a
32	32	22 transaction;
33	33	23 (2) alter the terms, conditions, or privilege of a
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2818 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction.
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43	43	A BILL FOR
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68	68	1 real estate transaction or in the furnishing of facilities
69	69	2 or services in connection therewith;
70	70	3 (3) refuse to receive or to fail to transmit a bona
71	71	4 fide offer to engage in a real estate transaction from a
72	72	5 person;
73	73	6 (4) refuse to negotiate for a real estate transaction
74	74	7 with a person;
75	75	8 (5) represent to a person that real property is not
76	76	9 available for inspection, sale, rental, or lease when in
77	77	10 fact it is so available, or to fail to bring a property
78	78	11 listing to his or her attention, or to refuse to permit him
79	79	12 or her to inspect real property;
80	80	13 (6) make, print, circulate, post, mail, publish, or
81	81	14 cause to be made, printed, circulated, posted, mailed, or
82	82	15 published any notice, statement, advertisement, or sign,
83	83	16 or use a form of application for a real estate
84	84	17 transaction, or make a record or inquiry in connection
85	85	18 with a prospective real estate transaction, that indicates
86	86	19 any preference or limitation, or an intention to make any
87	87	20 such preference, limitation, or discrimination; or
88	88	21 (7) offer, solicit, accept, use, or retain a listing
89	89	22 of real property with knowledge that discrimination in a
90	90	23 real estate transaction is intended.
91	91	24 (C) Nothing in this Article shall be construed to require
92	92	25 an owner or any other person to conduct a criminal history
93	93	26 check or criminal background check after making a conditional
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104	104	1 offer to sell, lease, or rent real property. Unless otherwise
105	105	2 authorized by law, it is a civil rights violation to use a
106	106	3 conviction record as a basis to rescind a conditional offer to
107	107	4 sell, lease, or rent real property, unless:
108	108	5 (1) there is a substantial relationship between one or
109	109	6 more of the previous criminal offenses and the offer made;
110	110	7 (2) the granting or continuation of the offer would
111	111	8 involve an unreasonable risk to property or to the safety
112	112	9 or welfare of specific individuals or the general public;
113	113	10 or
114	114	11 (3) the use is otherwise authorized by law.
115	115	12 As used in this subsection, "substantial relationship"
116	116	13 means a consideration of whether the conditional offer
117	117	14 presents an opportunity for the same or a similar offense to
118	118	15 occur and whether the circumstances leading to the conduct for
119	119	16 which the person was convicted will recur as a result of the
120	120	17 offer.
121	121	18 (D) In making a determination pursuant to subsection (C),
122	122	19 an owner or any other person who elects to, or is otherwise
123	123	20 required to, consider a person's conviction record in
124	124	21 connection with a conditional offer shall consider the
125	125	22 following factors before making a preliminary decision that
126	126	23 the conviction record is disqualifying:
127	127	24 (1) the nature and severity of the conduct underlying
128	128	25 the conviction;
129	129	26 (2) whether the nature of the conviction presents a
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140	140	1 direct threat to the health or safety of other tenants or
141	141	2 to the property;
142	142	3 (3) the terms of the sentence;
143	143	4 (4) the number of convictions on the person's record;
144	144	5 (5) the age of the person at the time of the
145	145	6 conviction;
146	146	7 (6) the length of time since the conviction; and
147	147	8 (7) evidence of rehabilitation.
148	148	9 (E) If, after considering the factors in subsection (C),
149	149	10 the owner or any other person making the conditional offer
150	150	11 makes a preliminary decision that the conviction record is
151	151	12 disqualifying, the owner or person making the conditional
152	152	13 offer shall provide written notification to the disqualified
153	153	14 person within 5 business days which shall contain the
154	154	15 following:
155	155	16 (1) notice of the disqualifying conviction or
156	156	17 convictions that are the basis of the preliminary decision
157	157	18 and the reasons for the disqualification;
158	158	19 (2) a copy of the conviction record or other
159	159	20 information relied upon to make the preliminary decision
160	160	21 to disqualify; and
161	161	22 (3) an explanation of the disqualified person's right
162	162	23 to respond to the decision of the owner or any other person
163	163	24 making the conditional offer before the preliminary
164	164	25 decision becomes final. The explanation shall inform the
165	165	26 disqualified person that the response may include, but is
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176	176	1 not limited to, submission of evidence challenging the
177	177	2 accuracy of the conviction record that is the basis for
178	178	3 the disqualification, or evidence of mitigation, such as
179	179	4 rehabilitation.
180	180	5 (F) The disqualified person shall have at least 5 business
181	181	6 days to respond to the notification as provided under
182	182	7 subsection (D).
183	183	8 (G) The owner or person making the conditional offer shall
184	184	9 consider information submitted by the disqualified person
185	185	10 before making a final decision. If an owner or any other person
186	186	11 making the conditional offer makes a final decision based on
187	187	12 the disqualified person's conviction record, the owner or any
188	188	13 other person making the conditional offer shall provide
189	189	14 written notification to the disqualified person within 5
190	190	15 business days which shall contain the following:
191	191	16 (1) notice of the disqualifying conviction or
192	192	17 convictions that are the basis of the final decision and
193	193	18 the reasons for the disqualification;
194	194	19 (2) any existing procedure the owner or any other
195	195	20 person making the conditional offer has for the
196	196	21 disqualified person to challenge the decision or request
197	197	22 reconsideration; and
198	198	23 (3) the right to file a charge with the Department.
199	199	24 (775 ILCS 5/3-102.10)
200	200	25 Sec. 3-102.10. Third-party loan modification service
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211	211	1 provider.
212	212	2 (A) It is a civil rights violation for a third-party loan
213	213	3 modification service provider, because of unlawful
214	214	4 discrimination, familial status, immigration status, source of
215	215	5 income, or an arrest record, or a conviction record, to:
216	216	6 (1) refuse to engage in loan modification services;
217	217	7 (2) alter the terms, conditions, or privileges of such
218	218	8 services; or
219	219	9 (3) discriminate in making such services available,
220	220	10 including, but not limited to, by making a statement,
221	221	11 advertisement, representation, inquiry, listing, offer, or
222	222	12 solicitation that indicates a preference or the intention
223	223	13 to make such a preference in making such services
224	224	14 available.
225	225	15 (B) For purposes of this Section, "third-party loan
226	226	16 modification service provider" means a person or entity,
227	227	17 whether licensed or not, who, for or with the expectation of
228	228	18 receiving consideration, provides assistance or services to a
229	229	19 loan borrower to obtain a modification to a term of an existing
230	230	20 real estate loan or to obtain foreclosure relief. "Third-party
231	231	21 loan modification service provider" does not include lenders,
232	232	22 brokers or appraisers of mortgage loans, or the servicers,
233	233	23 subsidiaries, affiliates, or agents of the lender.
234	234	24 (Source: P.A. 102-362, eff. 1-1-22; 103-232, eff. 1-1-24.)
235	235	25 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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246	246	1 Sec. 3-106. Exemptions. Nothing contained in Sections
247	247	2 Section 3-102 and 3-102.2 shall prohibit:
248	248	3 (A) Private Sales of Single Family Homes.
249	249	4 (1) Any sale of a single family home by its owner so
250	250	5 long as the following criteria are met:
251	251	6 (a) The owner does not own or have a beneficial
252	252	7 interest in more than 3 single family homes at the time
253	253	8 of the sale;
254	254	9 (b) The owner or a member of the owner's family was
255	255	10 the last current resident of the home;
256	256	11 (c) The home is sold without the use in any manner
257	257	12 of the sales or rental facilities or services of any
258	258	13 real estate broker or salesman, or of any employee or
259	259	14 agent of any real estate broker or salesman;
260	260	15 (d) The home is sold without the publication,
261	261	16 posting or mailing, after notice, of any advertisement
262	262	17 or written notice in violation of paragraph (F) of
263	263	18 Section 3-102.
264	264	19 (2) This exemption does not apply to paragraph (F) of
265	265	20 Section 3-102.
266	266	21 (B) Apartments. Rental of a housing accommodation in a
267	267	22 building which contains housing accommodations for not more
268	268	23 than 4 families living independently of each other, if the
269	269	24 owner resides in one of the housing accommodations. This
270	270	25 exemption does not apply to paragraph (F) of Section 3-102.
271	271	26 (C) Private Rooms. Rental of a room or rooms in a private
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282	282	1 home by an owner if the owner or a member of the owner's family
283	283	2 resides therein or, while absent for a period of not more than
284	284	3 12 months, if the owner or a member of the owner's family
285	285	4 intends to return to reside therein. This exemption does not
286	286	5 apply to paragraph (F) of Section 3-102.
287	287	6 (D) Reasonable local, State, or Federal restrictions
288	288	7 regarding the maximum number of occupants permitted to occupy
289	289	8 a dwelling.
290	290	9 (E) Religious Organizations. A religious organization,
291	291	10 association, or society, or any nonprofit institution or
292	292	11 organization operated, supervised or controlled by or in
293	293	12 conjunction with a religious organization, association, or
294	294	13 society, from limiting the sale, rental or occupancy of a
295	295	14 dwelling which it owns or operates for other than a commercial
296	296	15 purpose to persons of the same religion, or from giving
297	297	16 preference to such persons, unless membership in such religion
298	298	17 is restricted on account of race, color, or national origin.
299	299	18 (F) Sex. Restricting the rental of rooms in a housing
300	300	19 accommodation to persons of one sex.
301	301	20 (G) Persons Convicted of Drug-Related Offenses. Conduct
302	302	21 against a person because such person has been convicted by any
303	303	22 court of competent jurisdiction of the illegal manufacture or
304	304	23 distribution of a controlled substance as defined in Section
305	305	24 102 of the federal Controlled Substances Act (21 U.S.C. 802).
306	306	25 (H) Persons engaged in the business of furnishing
307	307	26 appraisals of real property from taking into consideration
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318	318	1 factors other than those based on unlawful discrimination or
319	319	2 familial status or source of income in furnishing appraisals.
320	320	3 (H-1) The owner of an owner-occupied residential building
321	321	4 with 4 or fewer units (including the unit in which the owner
322	322	5 resides) from making decisions regarding whether to rent to a
323	323	6 person based upon that person's sexual orientation or
324	324	7 conviction record.
325	325	8 (I) Housing for Older Persons. No provision in this
326	326	9 Article regarding familial status shall apply with respect to
327	327	10 housing for older persons.
328	328	11 (1) As used in this Section, "housing for older
329	329	12 persons" means housing:
330	330	13 (a) provided under any State or Federal program
331	331	14 that the Department determines is specifically
332	332	15 designed and operated to assist elderly persons (as
333	333	16 defined in the State or Federal program); or
334	334	17 (b) intended for, and solely occupied by, persons
335	335	18 62 years of age or older; or
336	336	19 (c) intended and operated for occupancy by persons
337	337	20 55 years of age or older and:
338	338	21 (i) at least 80% of the occupied units are
339	339	22 occupied by at least one person who is 55 years of
340	340	23 age or older;
341	341	24 (ii) the housing facility or community
342	342	25 publishes and adheres to policies and procedures
343	343	26 that demonstrate the intent required under this
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354	354	1 subdivision (c); and
355	355	2 (iii) the housing facility or community
356	356	3 complies with rules adopted by the Department for
357	357	4 verification of occupancy, which shall:
358	358	5 (aa) provide for verification by reliable
359	359	6 surveys and affidavits; and
360	360	7 (bb) include examples of the types of
361	361	8 policies and procedures relevant to a
362	362	9 determination of compliance with the
363	363	10 requirement of clause (ii).
364	364	11 These surveys and affidavits shall be admissible in
365	365	12 administrative and judicial proceedings for the purposes
366	366	13 of such verification.
367	367	14 (2) Housing shall not fail to meet the requirements
368	368	15 for housing for older persons by reason of:
369	369	16 (a) persons residing in such housing as of the
370	370	17 effective date of this amendatory Act of 1989 who do
371	371	18 not meet the age requirements of subsections (1)(b) or
372	372	19 (c); provided, that new occupants of such housing meet
373	373	20 the age requirements of subsections (1)(b) or (c) of
374	374	21 this subsection; or
375	375	22 (b) unoccupied units; provided, that such units
376	376	23 are reserved for occupancy by persons who meet the age
377	377	24 requirements of subsections (1)(b) or (c) of this
378	378	25 subsection.
379	379	26 (3)(a) A person shall not be held personally liable
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390	390	1 for monetary damages for a violation of this Article if
391	391	2 the person reasonably relied, in good faith, on the
392	392	3 application of the exemption under this subsection (I)
393	393	4 relating to housing for older persons.
394	394	5 (b) For the purposes of this item (3), a person may
395	395	6 show good faith reliance on the application of the
396	396	7 exemption only by showing that:
397	397	8 (i) the person has no actual knowledge that the
398	398	9 facility or community is not, or will not be, eligible
399	399	10 for the exemption; and
400	400	11 (ii) the facility or community has stated
401	401	12 formally, in writing, that the facility or community
402	402	13 complies with the requirements for the exemption.
403	403	14 (J) Child Sex Offender Refusal to Rent. Refusal of a child
404	404	15 sex offender who owns and resides at residential real estate
405	405	16 to rent any residential unit within the same building in which
406	406	17 the child sex offender resides to a person who is the parent or
407	407	18 guardian of a child or children under 18 years of age.
408	408	19 (K) Arrest Records. Inquiry into or the use of an arrest
409	409	20 record if the inquiry or use is otherwise authorized by State
410	410	21 or federal law.
411	411	22 (K-5) Conviction Record. Inquiry into or the use of a
412	412	23 conviction record if the inquiry or use is otherwise
413	413	24 authorized by State or federal law.
414	414	25 (K-10) Sex Offender Conviction Records. Use of a criminal
415	415	26 conviction that results in a current sex offender registration
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426	426	1 requirement pursuant to the Sex Offender Registration Act, or
427	427	2 similar law in another jurisdiction, or a current child sex
428	428	3 offender residency restriction.
429	429	4 (L) Financial Institutions. A financial institution as
430	430	5 defined in Article 4 from considering source of income or
431	431	6 immigration status in a real estate transaction in compliance
432	432	7 with State or federal law.
433	433	8 (M) Immigration Status. Inquiry into or the use of
434	434	9 immigration status if the inquiry or use is in compliance with
435	435	10 State or federal law.
436	436	11 (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
437	437	SB2818- 13 -LRB103 37250 JRC 67370 b 1 INDEX 2 Statutes amended in order of appearance SB2818- 13 -LRB103 37250 JRC 67370 b SB2818 - 13 - LRB103 37250 JRC 67370 b 1 INDEX 2 Statutes amended in order of appearance
438	438	SB2818- 13 -LRB103 37250 JRC 67370 b SB2818 - 13 - LRB103 37250 JRC 67370 b
439	439	SB2818 - 13 - LRB103 37250 JRC 67370 b
440	440	1 INDEX
441	441	2 Statutes amended in order of appearance
442	442
443	443
444	444
445	445
446	446
447	447	SB2818 - 12 - LRB103 37250 JRC 67370 b
448	448
449	449
450	450
451	451	SB2818- 13 -LRB103 37250 JRC 67370 b SB2818 - 13 - LRB103 37250 JRC 67370 b
452	452	SB2818 - 13 - LRB103 37250 JRC 67370 b
453	453	1 INDEX
454	454	2 Statutes amended in order of appearance
455	455
456	456
457	457
458	458
459	459
460	460	SB2818 - 13 - LRB103 37250 JRC 67370 b