SB0330sam001 104TH GENERAL ASSEMBLY

Sen. Graciela Guzmán

Filed: 5/21/2026

10400SB0330sam001 LRB104 06448 LNS 38145 a

AMENDMENT TO SENATE BILL 330

AMENDMENT NO. ______. Amend Senate Bill 330 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Human Rights Act is amended by changing Sections 3-101, 3-102, 3-102.10, 3-103, and 6-101.5 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, or any act that otherwise makes available such a transaction or alters a person's rights to 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 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.

(J) Domestic violence. "Domestic violence" means the use or attempted use of abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a person, including verbal, psychological, economic, or technological abuse by a family or household member as defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Domestic violence" includes a person's status as being a person protected under a protective order issued under the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, or a protective order issued by a court of another state.

(K) Sexual violence. "Sexual violence" means any act of sexual assault or sexual abuse including, but not limited to, non-consensual sexual conduct or non-consensual sexual penetration as defined in the Civil No Contact Order Act and the offenses of stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, and aggravated criminal sexual abuse as those offenses are described in the Criminal Code of 2012. "Sexual violence" includes a person's status as being a person protected under a protective order issued under the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, or a protective order issued by a court of another state.

(L) Gender-based violence. "Gender-based violence" means actual, attempted, threatened, or perceived domestic violence, sexual violence, or gender-based violence. "Gender-based violence" has the same meaning as provided in Section 2-1401 of the Code of Civil Procedure and includes domestic violence and sexual violence as defined in this Section and stalking as defined in the Stalking No Contact Order Act. "Gender-based violence" includes a person's status as being a person protected under a protective order issued under the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, or a protective order issued by a court of another state. The Department may create rules to ensure gender-based violence survivor status is applied in accordance with the legislative intent of this Act.

(Source: P.A. 103-232, eff. 1-1-24; 103-859, eff. 1-1-25.)

(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, or for a real estate broker or salesman, because of unlawful discrimination, familial status, immigration status, source of income, status as a person with a history of being a survivor of gender-based violence, or an arrest record, as defined under subsection (B-5) of Section 1-103, to:

(A) Transactions. Refuse to engage in a real estate transaction or deny real property, 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. Refuse to receive or to fail to transmit a bona fide offer in a real estate transaction from a person;

(D) Negotiation. Refuse to negotiate 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 attention, or to refuse to permit the person 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, status as a person with a history of being a survivor of gender-based violence, 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, status as a person with a history of being a survivor of gender-based violence, or an arrest record in a real estate transaction is intended.

(H) Criteria. Use criteria or methods that have the effect of subjecting individuals to unlawful discrimination or discrimination based on familial status, immigration status, source of income, status as a person with a history of being a survivor of gender-based violence, or an arrest record in a real estate transaction. Such criteria or methods are unlawful under this subsection if they are not necessary to achieve a substantial, legitimate, non-discriminatory interest; or if the substantial, legitimate, non-discriminatory interest could be served by another practice that has a less discriminatory effect.

(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24; 103-859, eff. 1-1-25.)

(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, status as a person with a history of being a survivor of gender-based violence, 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; 103-232, eff. 1-1-24.)

(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, status as a person with a history of being a survivor of gender-based violence, 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 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, status as a person with a history of being a survivor of gender-based violence, 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 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, status as a person with a history of being a survivor of gender-based violence, or disability.

(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)

(775 ILCS 5/6-101.5)

Sec. 6-101.5. Additional civil rights violations under Article 3. It is a civil rights violation for a person, or for 2 or more persons, to conspire, to:

(A) retaliate against a person because the person has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination or conduct otherwise prohibited discrimination based on familial status or arrest record in a real estate transaction under Article 3, because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because the person has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;

(B) aid, abet, compel, or coerce a person to commit any violation of this Act; or

(C) willfully interfere with the performance of a duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.

For the purposes of this Section, "familial status" has the same meaning as defined in Section 3-101.

(Source: P.A. 102-362, eff. 1-1-22.)".