FAIR HOUSING

The Law Covers:
Unlawful discrimination in the sale or rental of residential or commercial property.

The Law Applies To:
An owner or any other person engaging in a real estate transaction, and to real estate brokers and sales persons, whether licensed or unlicensed.

The Law Prohibits:

Real Estate Section of the Act

Article 3. Real Estate Transactions

(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" 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 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.
(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
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 or familial status, to
    (A) 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) 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 his or her attention, or to refuse to permit him or her to inspect real property;
    (F) Publication of Intent. Print, circulate, post, mail, publish or cause to be so published a written or oral statement, advertisement or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which expresses any limitation founded upon, or indicates, directly or indirectly, an intent to engage in unlawful 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 in a real estate transaction is intended.
(Source: P.A. 86-910.)

(775 ILCS 5/3-102.1)  (From Ch. 68, par. 3-102.1)
    Sec. 3-102.1. Handicap .
     (A) It is a civil rights violation to refuse to sell or rent or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of that buyer or renter, a handicap of a person residing or intending to reside in that dwelling after it is sold, rented or made available or a handicap of any person associated with the buyer or renter.
    (B) It is a civil rights violation to alter the terms, conditions or privileges of sale or rental of a dwelling or the provision of services or facilities in connection with such dwelling because of a person's handicap or a handicap of any person residing or intending to reside in that dwelling after it is sold, rented or made available, or a handicap of any person associated with that person.
    (C) It is a civil rights violation:
        (1) to refuse to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before modifications, reasonable wear and tear excepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained;
        (2) to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
        (3) in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in such a manner that:
              (a) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
              (b) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
              (c) all premises within such dwellings contain the following features of adaptive design:
                     (i) an accessible route into and through the dwelling;
                     (ii) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
                     (iii) reinforcements in bathroom walls to allow later installation of grab bars; and
                     (iv) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
    (D) Compliance with the appropriate standards of the Illinois Accessibility Code for adaptable dwelling units (71 Illinois Administrative Code Section 400.350 (e) 1-6) suffices to satisfy the requirements of subsection (C)(3)(c).
    (E) If a unit of local government has incorporated into its law the requirements set forth in subsection (C) (3), compliance with its law shall be deemed to satisfy the requirements of that subsection. (F) A unit of local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of subsection (C)(3) are met.
    (G) The Department shall encourage, but may not require, units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with subsection (C)(3), and shall provide technical assistance to units of local government and other persons to implement the requirements of subsection (C)(3).
    (H) Nothing in this Act shall be construed to require the Department to review or approve the plans, designs or construction of all covered multifamily dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of subsection (C)(3).
    (I) Nothing in subsections (E), (F), (G) or (H) shall be construed to affect the authority and responsibility of the Department to receive and process complaints or otherwise engage in enforcement activities under State and local law.
    (J) Determinations by a unit of local government under subsections (E) and (F) shall not be conclusive in enforcement proceedings under this Act if those determinations are not in accord with the terms of this Act.
    (K) Nothing in this Section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.
(Source: P.A. 86-910.)

(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, marital status, familial status or handicap.
    (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 his or her property because of any present or prospective changes in the race, color, religion, national origin, ancestry, age, sex, marital status, familial status or handicap 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 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, marital status, familial status or handicap.
(Source: P.A. 86-910.)

(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 offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing or support dog; or
    (B) discriminate against any blind, hearing impaired or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or
    (C) require, because a blind, hearing impaired or physically handicapped person 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. 83-93.)

(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. 81-1216.)

(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. Any sale of a single family home by its owner so long as the following criteria are met:
        (1) The owner does not own or have a beneficial interest in more than three single family homes at the time of the sale;
        (2) The owner or a member of his or her family was the last current resident of the home;
        (3) 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;
        (4) 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.
    (B) Apartments. Rental of a housing accommodation in a building which contains housing accommodations for not more than five families living independently of each other, if the lessor or a member of his or her family resides in one of the housing accommodations;
    (C) Private Rooms. Rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than twelve months, if he or she or a member of his or her family intends to return to reside therein;
    (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 in furnishing appraisals.
    (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.
(Source: P.A. 89-520, eff. 7-18-96 .)

 

What Message Are You Sending?   By John Lukehart  Leadership Council for Metropolitan Open Communities