HB0257 Engrossed LRB095 03651 AJO 23677 b

1     AN ACT concerning human rights.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Human Rights Act is amended by
5 changing Section 3-106 as follows:
 
6     (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
7     Sec. 3-106. Exemptions.) Nothing contained in Section
8 3-102 shall prohibit:
9     (A) Private Sales of Single Family Homes.
10         (1) Any sale of a single family home by its owner so
11     long as the following criteria are met:
12             (a) (1) The owner does not own or have a beneficial
13         interest in more than three single family homes at the
14         time of the sale;
15             (b) (2) The owner or a member of his or her family
16         was the last current resident of the home;
17             (c) (3) The home is sold without the use in any
18         manner of the sales or rental facilities or services of
19         any real estate broker or salesman, or of any employee
20         or agent of any real estate broker or salesman;
21             (d) (4) The home is sold without the publication,
22         posting or mailing, after notice, of any advertisement
23         or written notice in violation of paragraph (F) of

 

 

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1         Section 3-102.
2         (2) This exemption does not apply to paragraph (F) of
3     Section 3-102.
4     (B) Apartments. Rental of a housing accommodation in a
5 building which contains housing accommodations for not more
6 than 4 five families living independently of each other, if the
7 owner lessor or a member of his or her family resides in one of
8 the housing accommodations. ; This exemption does not apply to
9 paragraph (F) of Section 3-102.
10     (C) Private Rooms. Rental of a room or rooms in a private
11 home by an owner if he or she or a member of his or her family
12 resides therein or, while absent for a period of not more than
13 twelve months, if he or she or a member of his or her family
14 intends to return to reside therein. ;
15     (D) Reasonable local, State, or Federal restrictions
16 regarding the maximum number of occupants permitted to occupy a
17 dwelling.
18     (E) Religious Organizations. A religious organization,
19 association, or society, or any nonprofit institution or
20 organization operated, supervised or controlled by or in
21 conjunction with a religious organization, association, or
22 society, from limiting the sale, rental or occupancy of a
23 dwelling which it owns or operates for other than a commercial
24 purpose to persons of the same religion, or from giving
25 preference to such persons, unless membership in such religion
26 is restricted on account of race, color, or national origin.

 

 

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1     (F) Sex. Restricting the rental of rooms in a housing
2 accommodation to persons of one sex.
3     (G) Persons Convicted of Drug-Related Offenses. Conduct
4 against a person because such person has been convicted by any
5 court of competent jurisdiction of the illegal manufacture or
6 distribution of a controlled substance as defined in Section
7 102 of the federal Controlled Substances Act (21 U.S.C. 802).
8     (H) Persons engaged in the business of furnishing
9 appraisals of real property from taking into consideration
10 factors other than those based on unlawful discrimination or
11 familial status in furnishing appraisals.
12     (H-1) The owner of an owner-occupied residential building
13 with 4 5 or fewer units (including the unit in which the owner
14 resides) from making decisions regarding whether to rent to a
15 person based upon that person's sexual orientation.
16     (I) Housing for Older Persons. No provision in this Article
17 regarding familial status shall apply with respect to housing
18 for older persons.
19         (1) As used in this Section, "housing for older
20     persons" means housing:
21             (a) provided under any State or Federal program
22         that the Department determines is specifically
23         designed and operated to assist elderly persons (as
24         defined in the State or Federal program); or
25             (b) intended for, and solely occupied by, persons
26         62 years of age or older; or

 

 

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1             (c) intended and operated for occupancy by persons
2         55 years of age or older and:
3                 (i) at least 80% of the occupied units are
4             occupied by at least one person who is 55 years of
5             age or older;
6                 (ii) the housing facility or community
7             publishes and adheres to policies and procedures
8             that demonstrate the intent required under this
9             subdivision (c); and
10                 (iii) the housing facility or community
11             complies with rules adopted by the Department for
12             verification of occupancy, which shall:
13                     (aa) provide for verification by reliable
14                 surveys and affidavits; and
15                     (bb) include examples of the types of
16                 policies and procedures relevant to a
17                 determination of compliance with the
18                 requirement of clause (ii).
19         These surveys and affidavits shall be admissible in
20     administrative and judicial proceedings for the purposes
21     of such verification.
22         (2) Housing shall not fail to meet the requirements for
23     housing for older persons by reason of:
24             (a) persons residing in such housing as of the
25         effective date of this amendatory Act of 1989 who do
26         not meet the age requirements of subsections (1)(b) or

 

 

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1         (c); provided, that new occupants of such housing meet
2         the age requirements of subsections (1)(b) or (c) of
3         this subsection; or
4             (b) unoccupied units; provided, that such units
5         are reserved for occupancy by persons who meet the age
6         requirements of subsections (1)(b) or (c) of this
7         subsection.
8         (3) (a) A person shall not be held personally liable
9         for monetary damages for a violation of this Article if
10         the person reasonably relied, in good faith, on the
11         application of the exemption under this subsection (I)
12         relating to housing for older persons.
13             (b) For the purposes of this item (3), a person may
14         show good faith reliance on the application of the
15         exemption only by showing that:
16                 (i) the person has no actual knowledge that the
17             facility or community is not, or will not be,
18             eligible for the exemption; and
19                 (ii) the facility or community has stated
20             formally, in writing, that the facility or
21             community complies with the requirements for the
22             exemption.
23 (Source: P.A. 93-1078, eff. 1-1-06.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.