104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5394
 
Introduced 2/10/2026, by Rep. Kevin John Olickal
 
SYNOPSIS AS INTRODUCED:
 
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 under the Act to refuse to lease or rent real property or otherwise discriminate against any person in the terms, conditions, or privileges of a real estate transaction by using an applicant's credit score or credit history as a disqualifying factor if that applicant's source of income includes a local, State, or federal housing subsidy. "Housing subsidy" includes, but is not limited to, housing choice vouchers, permanent supportive housing program placements, or rapid rehousing subsidies. Provides that use of credit scores or history to deny a rental application to a person with a housing subsidy is a violation of the Act as it constitutes a practice that subjects individuals to discrimination based on source of income without a legitimate, nondiscriminatory necessity.


LRB104 20008 JRC 33459 b

 
 
A BILL FOR
 
HB5394LRB104 20008 JRC 33459 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by 
5changing Section 3-102 as follows:
 
6    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
7    Sec. 3-102. Civil rights violations; real estate 
8transactions and other prohibited acts. It is a civil rights 
9violation for an owner or any other person, or for a real 
10estate broker or salesman, because of unlawful discrimination, 
11familial status, immigration status, source of income, or an 
12arrest record, as defined under subsection (B-5) of Section 
131-103, to: 
14        (A) Transactions. Refuse to engage in a real estate 
15    transaction or deny real property, or to discriminate in 
16    making available such a transaction;
17        (B) Terms. Alter the terms, conditions or privileges 
18    of a real estate transaction or in the furnishing of 
19    facilities or services in connection therewith;
20        (C) Offers. Refuse to receive or to fail to transmit a 
21    bona fide offer in a real estate transaction from a 
22    person;
23        (D) Negotiation. Refuse to negotiate a real estate 
 
 
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1    transaction with a person;
2        (E) Representations. Represent to a person that real 
3    property is not available for inspection, sale, rental, or 
4    lease when in fact it is so available, or to fail to bring 
5    a property listing to the person's attention, or to refuse 
6    to permit the person to inspect real property;
7        (F) Publication of Intent. Make, print, circulate, 
8    post, mail, publish or cause to be made, printed, 
9    circulated, posted, mailed, or published any notice, 
10    statement, advertisement or sign, or use a form of 
11    application for a real estate transaction, or make a 
12    record or inquiry in connection with a prospective real 
13    estate transaction, that indicates any preference, 
14    limitation, or discrimination based on unlawful 
15    discrimination or unlawful discrimination based on 
16    familial status, immigration status, source of income, or 
17    an arrest record, or an intention to make any such 
18    preference, limitation, or discrimination;
19        (G) Listings. Offer, solicit, accept, use or retain a 
20    listing of real property with knowledge that unlawful 
21    discrimination or discrimination on the basis of familial 
22    status, immigration status, source of income, or an arrest 
23    record in a real estate transaction is intended.
24        (H) Criteria. Use criteria or methods that have the 
25    effect of subjecting individuals to unlawful 
26    discrimination or discrimination based on familial status, 
 
 
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1    immigration status, source of income, or an arrest record 
2    in a real estate transaction. Such criteria or methods are 
3    unlawful under this subsection if they are not necessary 
4    to achieve a substantial, legitimate, non-discriminatory 
5    interest; or if the substantial, legitimate, 
6    non-discriminatory interest could be served by another 
7    practice that has a less discriminatory effect. 
8        (I) Credit history and subsidies. Refuse to lease or 
9    rent real property or otherwise discriminate against any 
10    person in the terms, conditions, or privileges of a real 
11    estate transaction by using an applicant's credit score or 
12    credit history as a disqualifying factor if that 
13    applicant's source of income includes a local, State, or 
14    federal housing subsidy. For purposes of this subsection, 
15    "housing subsidy", includes, but is not limited to, 
16    housing choice vouchers, permanent supportive housing 
17    program placements, or rapid rehousing subsidies. Use of 
18    credit scores or history to deny a rental application to a 
19    person with a housing subsidy is a violation of subsection 
20    (H) of this Section as it constitutes a practice that 
21    subjects individuals to discrimination based on source of 
22    income without a legitimate, nondiscriminatory necessity.
23(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24; 
24103-859, eff. 1-1-25.)