HB4820 104TH GENERAL ASSEMBLY

LRB104 18446 KTG 31888 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4820

Introduced , by Rep. Debbie Meyers-Martin

SYNOPSIS AS INTRODUCED:

20 ILCS 2805/45 new
20 ILCS 2805/50 new
30 ILCS 105/5.1038 new
775 ILCS 5/1-103	from Ch. 68, par. 1-103
775 ILCS 5/3-102.2 new

Provides that the Act may be referred to as the Veterans Housing Protection Act. Amends the Illinois Human Rights Act. Provides that 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 who is a veteran because of the results of a criminal, credit, or eviction history records check. Provides that the prohibition against the use of the results of a veteran's criminal history records check shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the veteran, a member of the veteran's household, or a guest of the veteran from engaging in unlawful activity on the premises. Expands the Act's definition of "source of income" to include any federal, State, or local public assistance, and federal, State, or local housing subsidies, such as federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, rental assistance under the Supportive Services for Veterans Families program, and veterans' benefits. Amends the Department of Veterans Affairs Act. Requires the Department of Veterans Affairs to administer a statewide Landlord Rental Guarantee Program which reimburses landlords up to $3,500 for damages or unpaid rent associated with veteran tenants using any federal, State, or local housing assistance or veterans' benefits to pay all or a portion of the rent. Provides that reimbursement payments shall be paid out of the Veterans Rental Guarantee Fund, a special fund created in the State treasury. Requires the Department to also establish and administer a pilot program to increase affordable homeownership opportunities among the veteran population. Provides that under the pilot program veterans shall be able to use federal or State housing vouchers to partially subsidize homeownership expenses for up to 10 or 15 years depending on the mortgage term.

A BILL FOR

AN ACT concerning veterans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Reference to Act. This Act may be referred to as the Veterans Housing Protection Act.

Section 3. Purpose and findings. The General Assembly finds that:

(1) Veterans experience disproportionate rates of homelessness and housing instability, especially in counties with rising rents and limited transitional housing.

(2) The denial of housing to veterans undermines federal investments and perpetuates homelessness.

(3) Federal voucher access alone is insufficient when landlords deny voucher holders and counties lack fast-track development pathways.

(4) Veteran homelessness is preventable, and the State has a moral interest in ensuring that those who defended this nation do not live without secure shelter.

(5) To ensure that veterans have equitable and unrestricted access to safe and stable housing without discriminatory screening practices, the General Assembly deems it in the public interest to enact this Act.

Section 5. The Department of Veterans Affairs Act is amended by adding Sections 45 and 50 as follows:

(20 ILCS 2805/45 new)

Sec. 45. Landlord Rental Guarantee Program.

(a) The Department of Veterans Affairs shall administer a statewide Landlord Rental Guarantee Program which reimburses landlords up to $3,500 for damages or unpaid rent associated with veteran tenants using any federal, State, or local housing assistance or veterans' benefits to pay all or a portion of the rent, including, but not limited to, federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, rental assistance under the Supportive Services for Veterans Families program, and veterans' benefits disbursed under the VA Fiduciary Program.

(b) Reimbursement payments under the Landlord Rental Guarantee Program shall be issued for claims relating to renting private market rental units to veterans and shall be paid out of the Veterans Rental Guarantee Fund, a special fund created in the State treasury. The Fund shall consist of any moneys appropriated to the Department of Veterans Affairs for the Landlord Rental Guarantee Program as well as any gifts, bequests, or other sources of funding. All interest earned on the moneys in the Fund shall be deposited into the Fund. Moneys in the Fund shall be expended for the operation of the Landlord Rental Guarantee Program and for no other purpose.

(c) The Department may adopt any rules necessary to implement the program, including, but not limited to, rules on claims applications for tenants and landlords, claims processing, damages, beyond wear and tear, that are eligible for reimbursement, and damages or unpaid rent that are ineligible for reimbursement.

(20 ILCS 2805/50 new)

Sec. 50. Homeownership pilot program.

(a) The Department of Veterans Affairs shall establish and administer a pilot program to increase affordable homeownership opportunities among the veteran population. The pilot program shall operate in the State's metropolitan statistical areas and major rural areas. Under the pilot program, veterans shall be able to use their federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, or any other federal or State housing voucher, to partially subsidize homeownership expenses for up to 10 or 15 years depending on the mortgage term. The pilot program shall also provide case management and clinical services to veterans participating in the pilot program to help prevent future housing and personal crises. The Department of Veterans Affairs shall collaborate with relevant agencies to support the coordination and alignment of housing assistance for veterans provided through other State and federal funds, to the extent possible.

(b) Any person who participates in the pilot program by means of a false statement or willful misrepresentation for the purpose of unlawfully using any federal or State housing voucher or other assistance to partially subsidize homeownership as provided under the pilot program shall be answerable to the Department for refunding the entire value amount of the State or federal housing voucher or other assistance received. If the refund is not made, it shall be recoverable in a civil action from the person who unlawfully received the State or federal housing voucher or other assistance or from anyone who willfully aided such person to obtain such State or federal housing voucher or assistance. In any such civil action where fraud is proven, the court may, as a penalty receivable by the Department, assess an additional sum of money up to but not in excess of the entire value amount of the State or federal housing voucher or other assistance received.

(c) Any person, firm, corporation, association, agency, institution or other legal entity, other than an individual recipient, that willfully, by means of a false statement or representation, or by concealment of any material fact or by other fraudulent scheme or device on behalf of himself or herself or others, obtains or attempts to obtain housing voucher funds or other housing assistance under the pilot program to which he or she or it is not entitled, or in a greater amount than that to which he or she or it is entitled, shall be liable for repayment of any excess funds or payments received and, in the event such payment is not made, it shall be recoverable in a civil action. In any such civil action where fraud is proven, the court may, as a penalty receivable by the Department, assess an additional sum of money up to but not in excess of the entire amount of the difference in mortgage payment to the individual recipient and that which should have been charged but for the willful misrepresentation and misstatements.

(d) The Department of Veterans Affairs shall monitor implementation of the pilot program, evaluate results, and submit annual progress reports with recommendations to the General Assembly beginning one year after the initial implementation date of the pilot program.

Section 10. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Veterans Rental Guarantee Fund.

Section 15. The Illinois Human Rights Act is amended by changing Section 1-103 and by adding Section 3-102.2 as follows:

(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)

Sec. 1-103. General definitions. When used in this Act, unless the context requires otherwise, the term:

(A) Age. "Age" means the chronological age of a person who is at least 40 years old, except with regard to any practice described in Section 2-102, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of Section 2-102, "age" means the chronological age of a person who is 18 but not yet 40 years old.

(B) Aggrieved party. "Aggrieved party" means a person who is alleged or proved to have been injured by a civil rights violation or believes he or she will be injured by a civil rights violation under Article 3 that is about to occur.

(B-5) Arrest record. "Arrest record" means:

(1) an arrest not leading to a conviction;

(2) a juvenile record; or

(3) criminal history record information ordered expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act.

(C) Charge. "Charge" means an allegation filed with the Department by an aggrieved party or initiated by the Department under its authority.

(D) Civil rights violation. "Civil rights violation" includes and shall be limited to only those specific acts set forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act.

(E) Commission. "Commission" means the Human Rights Commission created by this Act.

(F) Complaint. "Complaint" means the formal pleading filed by the Department with the Commission following an investigation and finding of substantial evidence of a civil rights violation.

(G) Complainant. "Complainant" means a person including the Department who files a charge of civil rights violation with the Department or the Commission.

(G-5) Conviction record. "Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority.

(H) Department. "Department" means the Department of Human Rights created by this Act.

(I) Disability.

(1) "Disability" means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic:

(a) For purposes of Article 2, is unrelated to the person's ability to perform the duties of a particular job or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability;

(b) For purposes of Article 3, is unrelated to the person's ability to acquire, rent, or maintain a housing accommodation;

(c) For purposes of Article 4, is unrelated to a person's ability to repay;

(d) For purposes of Article 5, is unrelated to a person's ability to utilize and benefit from a place of public accommodation;

(e) For purposes of Article 5, also includes any mental, psychological, or developmental disability, including autism spectrum disorders.

(2) Discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability.

(J) Marital status. "Marital status" means the legal status of being married, single, separated, divorced, or widowed.

(J-1) Military status. "Military status" means a person's status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and United States Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard.

(K) National origin. "National origin" means the place in which a person or one of his or her ancestors was born.

(K-5) "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order Act, or an order of protection issued by a court of another state.

(L) Person. "Person" includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the State of Illinois and its instrumentalities, political subdivisions, units of local government, legal representatives, trustees in bankruptcy or receivers.

(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.

(M) Public contract. "Public contract" includes every contract to which the State, any of its political subdivisions, or any municipal corporation is a party.

(M-5) Race. "Race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.

(N) Religion. "Religion" includes all aspects of religious observance and practice, as well as belief, except that with respect to employers, for the purposes of Article 2, "religion" has the meaning ascribed to it in paragraph (F) of Section 2-101.

(O) Sex. "Sex" means the status of being male or female.

(O-1) Sexual orientation. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult.

(O-2) Reproductive Health Decisions. "Reproductive Health Decisions" means a person's decisions regarding the person's use of: contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care.

(O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents. "Source of income" includes any lawful, verifiable income paid directly to a veteran, or to a representative of a veteran, or paid to a housing owner or landlord on behalf of a veteran, including federal, State, or local public assistance, and federal, State, or local housing subsidies, including, but not limited to, federal Department of Housing and Urban Development Veterans Affairs Supportive Housing vouchers, rental assistance under the Supportive Services for Veterans Families program, and veterans' benefits disbursed under the VA Fiduciary Program.

(P) Unfavorable military discharge. "Unfavorable military discharge" includes discharges from the Armed Forces of the United States, their Reserve components, or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable".

(Q) Unlawful discrimination. "Unlawful discrimination" means discrimination against a person because of his or her actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service as those terms are defined in this Section.

(R) "Veteran" means an individual who has served in or is a current member of (i) the armed forces of the United States, (ii) any reserve component of the armed forces of the United States, or (iii) the Illinois Army National Guard or Illinois Air National Guard.

(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, eff. 1-1-25.)

(775 ILCS 5/3-102.2 new)

Sec. 3-102.2. Veterans' criminal, credit, or eviction history. 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 who is a veteran because of the results of a criminal, credit, or eviction history records check.

The prohibition against the use of the results of a veteran's criminal history records check shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the veteran, a member of the veteran's household, or a guest of the veteran from engaging in unlawful activity on the premises.