HB2775 EnrolledLRB102 15802 LNS 21169 b

1    AN ACT concerning housing.
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 Sections 1-102, 1-103, 3-102, 3-103, and 3-106 as
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    Sec. 1-102. Declaration of Policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship



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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State



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1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of unlawful discrimination, sexual
4harassment in employment and sexual harassment in elementary,
5secondary, and higher education, and discrimination based on
6citizenship status or work authorization status in employment.
7(Source: P.A. 102-233, eff. 8-2-21.)
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training
15or apprenticeship programs, for the purposes of Section 2-102,
16"age" means the chronological age of a person who is 18 but not
17yet 40 years old.
18    (B) Aggrieved party. "Aggrieved party" means a person who
19is alleged or proved to have been injured by a civil rights
20violation or believes he or she will be injured by a civil
21rights violation under Article 3 that is about to occur.
22    (B-5) Arrest record. "Arrest record" means:
23        (1) an arrest not leading to a conviction;
24        (2) a juvenile record; or
25        (3) criminal history record information ordered



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1    expunged, sealed, or impounded under Section 5.2 of the
2    Criminal Identification Act.
3    (C) Charge. "Charge" means an allegation filed with the
4Department by an aggrieved party or initiated by the
5Department under its authority.
6    (D) Civil rights violation. "Civil rights violation"
7includes and shall be limited to only those specific acts set
8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
93-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
105A-102, 6-101, 6-101.5, and 6-102 of this Act.
11    (E) Commission. "Commission" means the Human Rights
12Commission created by this Act.
13    (F) Complaint. "Complaint" means the formal pleading filed
14by the Department with the Commission following an
15investigation and finding of substantial evidence of a civil
16rights violation.
17    (G) Complainant. "Complainant" means a person including
18the Department who files a charge of civil rights violation
19with the Department or the Commission.
20    (G-5) Conviction record. "Conviction record" means
21information indicating that a person has been convicted of a
22felony, misdemeanor or other criminal offense, placed on
23probation, fined, imprisoned, or paroled pursuant to any law
24enforcement or military authority.
25    (H) Department. "Department" means the Department of Human
26Rights created by this Act.



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1    (I) Disability.
2    (1) "Disability" means a determinable physical or mental
3characteristic of a person, including, but not limited to, a
4determinable physical characteristic which necessitates the
5person's use of a guide, hearing or support dog, the history of
6such characteristic, or the perception of such characteristic
7by the person complained against, which may result from
8disease, injury, congenital condition of birth or functional
9disorder and which characteristic:
10        (a) For purposes of Article 2, is unrelated to the
11    person's ability to perform the duties of a particular job
12    or position and, pursuant to Section 2-104 of this Act, a
13    person's illegal use of drugs or alcohol is not a
14    disability;
15        (b) For purposes of Article 3, is unrelated to the
16    person's ability to acquire, rent, or maintain a housing
17    accommodation;
18        (c) For purposes of Article 4, is unrelated to a
19    person's ability to repay;
20        (d) For purposes of Article 5, is unrelated to a
21    person's ability to utilize and benefit from a place of
22    public accommodation;
23        (e) For purposes of Article 5, also includes any
24    mental, psychological, or developmental disability,
25    including autism spectrum disorders.
26    (2) Discrimination based on disability includes unlawful



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1discrimination against an individual because of the
2individual's association with a person with a disability.
3    (J) Marital status. "Marital status" means the legal
4status of being married, single, separated, divorced, or
6    (J-1) Military status. "Military status" means a person's
7status on active duty in or status as a veteran of the armed
8forces of the United States, status as a current member or
9veteran of any reserve component of the armed forces of the
10United States, including the United States Army Reserve,
11United States Marine Corps Reserve, United States Navy
12Reserve, United States Air Force Reserve, and United States
13Coast Guard Reserve, or status as a current member or veteran
14of the Illinois Army National Guard or Illinois Air National
16    (K) National origin. "National origin" means the place in
17which a person or one of his or her ancestors was born.
18    (K-5) "Order of protection status" means a person's status
19as being a person protected under an order of protection
20issued pursuant to the Illinois Domestic Violence Act of 1986,
21Article 112A of the Code of Criminal Procedure of 1963, the
22Stalking No Contact Order Act, or the Civil No Contact Order
23Act, or an order of protection issued by a court of another
25    (L) Person. "Person" includes one or more individuals,
26partnerships, associations or organizations, labor



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1organizations, labor unions, joint apprenticeship committees,
2or union labor associations, corporations, the State of
3Illinois and its instrumentalities, political subdivisions,
4units of local government, legal representatives, trustees in
5bankruptcy or receivers.
6    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
7or medical or common conditions related to pregnancy or
9    (M) Public contract. "Public contract" includes every
10contract to which the State, any of its political
11subdivisions, or any municipal corporation is a party.
12    (N) Religion. "Religion" includes all aspects of religious
13observance and practice, as well as belief, except that with
14respect to employers, for the purposes of Article 2,
15"religion" has the meaning ascribed to it in paragraph (F) of
16Section 2-101.
17    (O) Sex. "Sex" means the status of being male or female.
18    (O-1) Sexual orientation. "Sexual orientation" means
19actual or perceived heterosexuality, homosexuality,
20bisexuality, or gender-related identity, whether or not
21traditionally associated with the person's designated sex at
22birth. "Sexual orientation" does not include a physical or
23sexual attraction to a minor by an adult.
24    (O-5) Source of income. "Source of income" means the
25lawful manner by which an individual supports himself or
26herself and his or her dependents.



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1    (P) Unfavorable military discharge. "Unfavorable military
2discharge" includes discharges from the Armed Forces of the
3United States, their Reserve components, or any National Guard
4or Naval Militia which are classified as RE-3 or the
5equivalent thereof, but does not include those characterized
6as RE-4 or "Dishonorable".
7    (Q) Unlawful discrimination. "Unlawful discrimination"
8means discrimination against a person because of his or her
9actual or perceived: race, color, religion, national origin,
10ancestry, age, sex, marital status, order of protection
11status, disability, military status, sexual orientation,
12pregnancy, or unfavorable discharge from military service as
13those terms are defined in this Section.
14(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
15101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
161-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
18    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
19    Sec. 3-102. Civil rights violations; real estate
20transactions. It is a civil rights violation for an owner or
21any other person engaging in a real estate transaction, or for
22a real estate broker or salesman, because of unlawful
23discrimination, familial status, source of income, or an
24arrest record, as defined under subsection (B-5) of Section
251-103, to:



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1        (A) Transaction. Refuse to engage in a real estate
2    transaction with a person or to discriminate in making
3    available such a transaction;
4        (B) Terms. Alter the terms, conditions or privileges
5    of a real estate transaction or in the furnishing of
6    facilities or services in connection therewith;
7        (C) Offer. Refuse to receive or to fail to transmit a
8    bona fide offer to engage in a real estate transaction
9    from a person;
10        (D) Negotiation. Refuse to negotiate for a real estate
11    transaction with a person;
12        (E) Representations. Represent to a person that real
13    property is not available for inspection, sale, rental, or
14    lease when in fact it is so available, or to fail to bring
15    a property listing to his or her attention, or to refuse to
16    permit him or her to inspect real property;
17        (F) Publication of Intent. Make, print, circulate,
18    post, mail, publish or cause to be made, printed,
19    circulated, posted, mailed, or published any notice,
20    statement, advertisement or sign, or use a form of
21    application for a real estate transaction, or make a
22    record or inquiry in connection with a prospective real
23    estate transaction, that indicates any preference,
24    limitation, or discrimination based on unlawful
25    discrimination or unlawful discrimination based on
26    familial status, source of income, or an arrest record, or



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1    an intention to make any such preference, limitation, or
2    discrimination;
3        (G) Listings. Offer, solicit, accept, use or retain a
4    listing of real property with knowledge that unlawful
5    discrimination or discrimination on the basis of familial
6    status, source of income, or an arrest record in a real
7    estate transaction is intended.
8(Source: P.A. 101-565, eff. 1-1-20.)
9    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
10    Sec. 3-103. Blockbusting. It is a civil rights violation
11for any person to:
12    (A) Solicitation. Solicit for sale, lease, listing or
13purchase any residential real estate within this State, on the
14grounds of loss of value due to the present or prospective
15entry into the vicinity of the property involved of any person
16or persons of any particular race, color, religion, national
17origin, ancestry, age, sex, sexual orientation, marital
18status, familial status, source of income, or disability.
19    (B) Statements. Distribute or cause to be distributed,
20written material or statements designed to induce any owner of
21residential real estate in this State to sell or lease his or
22her property because of any present or prospective changes in
23the race, color, religion, national origin, ancestry, age,
24sex, sexual orientation, marital status, familial
25status,source of income, or disability of residents in the



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1vicinity of the property involved.
2    (C) Creating Alarm. Intentionally create alarm, among
3residents of any community, by transmitting communications in
4any manner, including a telephone call whether or not
5conversation thereby ensues, with a design to induce any owner
6of residential real estate in this state to sell or lease his
7or her property because of any present or prospective entry
8into the vicinity of the property involved of any person or
9persons of any particular race, color, religion, national
10origin, ancestry, age, sex, sexual orientation, marital
11status, familial status, source of income, or disability.
12(Source: P.A. 97-877, eff. 8-2-12.)
13    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
14    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
15shall prohibit:
16    (A) Private Sales of Single Family Homes.
17        (1) Any sale of a single family home by its owner so
18    long as the following criteria are met:
19            (a) The owner does not own or have a beneficial
20        interest in more than three single family homes at the
21        time of the sale;
22            (b) The owner or a member of his or her family was
23        the last current resident of the home;
24            (c) The home is sold without the use in any manner
25        of the sales or rental facilities or services of any



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1        real estate broker or salesman, or of any employee or
2        agent of any real estate broker or salesman;
3            (d) The home is sold without the publication,
4        posting or mailing, after notice, of any advertisement
5        or written notice in violation of paragraph (F) of
6        Section 3-102.
7        (2) This exemption does not apply to paragraph (F) of
8    Section 3-102.
9    (B) Apartments. Rental of a housing accommodation in a
10building which contains housing accommodations for not more
11than 4 families living independently of each other, if the
12owner resides in one of the housing accommodations. This
13exemption does not apply to paragraph (F) of Section 3-102.
14    (C) Private Rooms. Rental of a room or rooms in a private
15home by an owner if he or she or a member of his or her family
16resides therein or, while absent for a period of not more than
17twelve months, if he or she or a member of his or her family
18intends to return to reside therein.
19    (D) Reasonable local, State, or Federal restrictions
20regarding the maximum number of occupants permitted to occupy
21a dwelling.
22    (E) Religious Organizations. A religious organization,
23association, or society, or any nonprofit institution or
24organization operated, supervised or controlled by or in
25conjunction with a religious organization, association, or
26society, from limiting the sale, rental or occupancy of a



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1dwelling which it owns or operates for other than a commercial
2purpose to persons of the same religion, or from giving
3preference to such persons, unless membership in such religion
4is restricted on account of race, color, or national origin.
5    (F) Sex. Restricting the rental of rooms in a housing
6accommodation to persons of one sex.
7    (G) Persons Convicted of Drug-Related Offenses. Conduct
8against a person because such person has been convicted by any
9court of competent jurisdiction of the illegal manufacture or
10distribution of a controlled substance as defined in Section
11102 of the federal Controlled Substances Act (21 U.S.C. 802).
12    (H) Persons engaged in the business of furnishing
13appraisals of real property from taking into consideration
14factors other than those based on unlawful discrimination or
15familial status or source of income in furnishing appraisals.
16    (H-1) The owner of an owner-occupied residential building
17with 4 or fewer units (including the unit in which the owner
18resides) from making decisions regarding whether to rent to a
19person based upon that person's sexual orientation.
20    (I) Housing for Older Persons. No provision in this
21Article regarding familial status shall apply with respect to
22housing for older persons.
23        (1) As used in this Section, "housing for older
24    persons" means housing:
25            (a) provided under any State or Federal program
26        that the Department determines is specifically



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1        designed and operated to assist elderly persons (as
2        defined in the State or Federal program); or
3            (b) intended for, and solely occupied by, persons
4        62 years of age or older; or
5            (c) intended and operated for occupancy by persons
6        55 years of age or older and:
7                (i) at least 80% of the occupied units are
8            occupied by at least one person who is 55 years of
9            age or older;
10                (ii) the housing facility or community
11            publishes and adheres to policies and procedures
12            that demonstrate the intent required under this
13            subdivision (c); and
14                (iii) the housing facility or community
15            complies with rules adopted by the Department for
16            verification of occupancy, which shall:
17                    (aa) provide for verification by reliable
18                surveys and affidavits; and
19                    (bb) include examples of the types of
20                policies and procedures relevant to a
21                determination of compliance with the
22                requirement of clause (ii).
23        These surveys and affidavits shall be admissible in
24    administrative and judicial proceedings for the purposes
25    of such verification.
26        (2) Housing shall not fail to meet the requirements



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1    for housing for older persons by reason of:
2            (a) persons residing in such housing as of the
3        effective date of this amendatory Act of 1989 who do
4        not meet the age requirements of subsections (1)(b) or
5        (c); provided, that new occupants of such housing meet
6        the age requirements of subsections (1)(b) or (c) of
7        this subsection; or
8            (b) unoccupied units; provided, that such units
9        are reserved for occupancy by persons who meet the age
10        requirements of subsections (1)(b) or (c) of this
11        subsection.
12        (3) (a) A person shall not be held personally liable
13        for monetary damages for a violation of this Article
14        if the person reasonably relied, in good faith, on the
15        application of the exemption under this subsection (I)
16        relating to housing for older persons.
17            (b) For the purposes of this item (3), a person may
18        show good faith reliance on the application of the
19        exemption only by showing that:
20                (i) the person has no actual knowledge that
21            the facility or community is not, or will not be,
22            eligible for the exemption; and
23                (ii) the facility or community has stated
24            formally, in writing, that the facility or
25            community complies with the requirements for the
26            exemption.



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1    (J) Child Sex Offender Refusal to Rent. Refusal of a child
2sex offender who owns and resides at residential real estate
3to rent any residential unit within the same building in which
4he or she resides to a person who is the parent or guardian of
5a child or children under 18 years of age.
6    (K) Arrest Records. Inquiry into or the use of an arrest
7record if the inquiry or use is otherwise authorized by State
8or federal law.
9    (L) Financial Institutions. A financial institution as
10defined in Article 4 from considering source of income in a
11real estate transaction in compliance with State or federal
13(Source: P.A. 101-565, eff. 1-1-20.)