Public Act 103-0232
 
SB1817 EnrolledLRB103 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" 
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.)