HB0926 101ST GENERAL ASSEMBLY

LRB101 06183 LNS 51206 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0926

Introduced , by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

775 ILCS 5/3-101	from Ch. 68, par. 3-101
775 ILCS 5/3-102	from Ch. 68, par. 3-102

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction because of, among other things, source of income, to: refuse to engage in a real estate transaction or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction; represent to a person that real property is not available for inspection, sale, rental, or lease when it is available, or fail to bring a property listing to his or her attention, or refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to be made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign that indicates any preference, limitation, or discrimination based on unlawful discrimination based on source of income, or an intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination on the basis of source of income in a real estate transaction is intended. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents.

A BILL FOR

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 and 3-102 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 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) Source of Income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.

(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, source of income, 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. 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, unlawful discrimination based on source of income, or unlawful discrimination based on familial status, 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, unlawful discrimination on the basis of source of income, or discrimination on the basis of familial status in a real estate transaction is intended.

(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)