Full Text of HB5525 103rd General Assembly
HB5525 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5525 Introduced 2/9/2024, by Rep. Lilian Jiménez SYNOPSIS AS INTRODUCED: | | 775 ILCS 5/1-102 | from Ch. 68, par. 1-102 | 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 |
| Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Defines "source of income". Provides that this definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit. |
| |
| | A BILL FOR |
| | | | HB5525 | | LRB103 37596 JRC 67722 b |
|
| 1 | | AN ACT concerning civil law. | 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 Sections 1-102 and 1-103 as follows: | 6 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 7 | | (Text of Section before amendment by P.A. 103-472 ) | 8 | | Sec. 1-102. Declaration of policy. It is the public | 9 | | policy of this State: | 10 | | (A) Freedom from Unlawful Discrimination. To secure for | 11 | | all individuals within Illinois the freedom from | 12 | | discrimination against any individual because of his or her | 13 | | race, color, religion, sex, national origin, ancestry, age, | 14 | | order of protection status, marital status, physical or mental | 15 | | disability, military status, sexual orientation, pregnancy, or | 16 | | unfavorable discharge from military service in connection with | 17 | | employment, real estate transactions, access to financial | 18 | | credit, and the availability of public accommodations. | 19 | | (B) Freedom from Sexual Harassment-Employment and | 20 | | Elementary, Secondary, and Higher Education. To prevent sexual | 21 | | harassment in employment and sexual harassment in elementary, | 22 | | secondary, and higher education. | 23 | | (C) Freedom from Discrimination Based on Citizenship |
| | | HB5525 | - 2 - | LRB103 37596 JRC 67722 b |
|
| 1 | | Status-Employment. To prevent discrimination based on | 2 | | citizenship status in employment. | 3 | | (C-5) Freedom from Discrimination Based on Work | 4 | | Authorization Status-Employment. To prevent discrimination | 5 | | based on the specific status or term of status that | 6 | | accompanies a legal work authorization. | 7 | | (D) Freedom from Discrimination Based on Familial Status | 8 | | or Source of Income-Real Estate Transactions. To prevent | 9 | | discrimination based on familial status or source of income in | 10 | | real estate transactions. | 11 | | (E) Public Health, Welfare and Safety. To promote the | 12 | | public health, welfare and safety by protecting the interest | 13 | | of all people in Illinois in maintaining personal dignity, in | 14 | | realizing their full productive capacities, and in furthering | 15 | | their interests, rights and privileges as citizens of this | 16 | | State. | 17 | | (F) Implementation of Constitutional Guarantees. To secure | 18 | | and guarantee the rights established by Sections 17, 18 and 19 | 19 | | of Article I of the Illinois Constitution of 1970. | 20 | | (G) Equal Opportunity, Affirmative Action. To establish | 21 | | Equal Opportunity and Affirmative Action as the policies of | 22 | | this State in all of its decisions, programs and activities, | 23 | | and to assure that all State departments, boards, commissions | 24 | | and instrumentalities rigorously take affirmative action to | 25 | | provide equality of opportunity and eliminate the effects of | 26 | | past discrimination in the internal affairs of State |
| | | HB5525 | - 3 - | LRB103 37596 JRC 67722 b |
|
| 1 | | government and in their relations with the public. | 2 | | (H) Unfounded Charges. To protect citizens of this State | 3 | | against unfounded charges of unlawful discrimination, sexual | 4 | | harassment in employment and sexual harassment in elementary, | 5 | | secondary, and higher education, and discrimination based on | 6 | | citizenship status or work authorization status in employment. | 7 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .) | 8 | | (Text of Section after amendment by P.A. 103-472 ) | 9 | | Sec. 1-102. Declaration of policy. It is the public | 10 | | policy of this State: | 11 | | (A) Freedom from Unlawful Discrimination. To secure for | 12 | | all individuals within Illinois the freedom from | 13 | | discrimination based on race, color, religion, sex, national | 14 | | origin, ancestry, age, order of protection status, marital | 15 | | status, physical or mental disability, military status, sexual | 16 | | orientation, pregnancy, or unfavorable discharge from military | 17 | | service in connection with employment, real estate | 18 | | transactions, access to financial credit, and the availability | 19 | | of public accommodations, including in elementary, secondary, | 20 | | and higher education. | 21 | | (B) Freedom from Sexual Harassment-Employment and | 22 | | Elementary, Secondary, and Higher Education. To prevent sexual | 23 | | harassment in employment and sexual harassment in elementary, | 24 | | secondary, and higher education. | 25 | | (C) Freedom from Discrimination Based on Citizenship |
| | | HB5525 | - 4 - | LRB103 37596 JRC 67722 b |
|
| 1 | | Status-Employment. To prevent discrimination based on | 2 | | citizenship status in employment. | 3 | | (C-5) Freedom from Discrimination Based on Work | 4 | | Authorization Status-Employment. To prevent discrimination | 5 | | based on the specific status or term of status that | 6 | | accompanies a legal work authorization. | 7 | | (D) Freedom from Discrimination Based on Familial Status | 8 | | or Source of Income-Real Estate Transactions. To prevent | 9 | | discrimination based on familial status or source of income in | 10 | | real estate transactions because access to housing is a | 11 | | fundamental human right . | 12 | | (E) Public Health, Welfare and Safety. To promote the | 13 | | public health, welfare and safety by protecting the interest | 14 | | of all people in Illinois in maintaining personal dignity, in | 15 | | realizing their full productive capacities, and in furthering | 16 | | their interests, rights and privileges as citizens of this | 17 | | State. | 18 | | (F) Implementation of Constitutional Guarantees. To secure | 19 | | and guarantee the rights established by Sections 17, 18 and 19 | 20 | | of Article I of the Illinois Constitution of 1970. | 21 | | (G) Equal Opportunity, Affirmative Action. To establish | 22 | | Equal Opportunity and Affirmative Action as the policies of | 23 | | this State in all of its decisions, programs and activities, | 24 | | and to assure that all State departments, boards, commissions | 25 | | and instrumentalities rigorously take affirmative action to | 26 | | provide equality of opportunity and eliminate the effects of |
| | | HB5525 | - 5 - | LRB103 37596 JRC 67722 b |
|
| 1 | | past discrimination in the internal affairs of State | 2 | | government and in their relations with the public. | 3 | | (H) Unfounded Charges. To protect citizens of this State | 4 | | against unfounded charges of prohibited discrimination in | 5 | | employment, real estate transactions, financial credit, and | 6 | | public accommodations, including in elementary, secondary, and | 7 | | higher education. | 8 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; | 9 | | 103-472, eff. 8-1-24.) | 10 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 11 | | Sec. 1-103. General definitions. When used in this Act, | 12 | | unless the context requires otherwise, the term: | 13 | | (A) Age. "Age" means the chronological age of a person who | 14 | | is at least 40 years old, except with regard to any practice | 15 | | described in Section 2-102, insofar as that practice concerns | 16 | | training or apprenticeship programs. In the case of training | 17 | | or apprenticeship programs, for the purposes of Section 2-102, | 18 | | "age" means the chronological age of a person who is 18 but not | 19 | | yet 40 years old. | 20 | | (B) Aggrieved party. "Aggrieved party" means a person who | 21 | | is alleged or proved to have been injured by a civil rights | 22 | | violation or believes he or she will be injured by a civil | 23 | | rights violation under Article 3 that is about to occur. | 24 | | (B-5) Arrest record. "Arrest record" means: | 25 | | (1) an arrest not leading to a conviction; |
| | | HB5525 | - 6 - | LRB103 37596 JRC 67722 b |
|
| 1 | | (2) a juvenile record; or | 2 | | (3) criminal history record information ordered | 3 | | expunged, sealed, or impounded under Section 5.2 of the | 4 | | Criminal Identification Act. | 5 | | (C) Charge. "Charge" means an allegation filed with the | 6 | | Department by an aggrieved party or initiated by the | 7 | | Department under its authority. | 8 | | (D) Civil rights violation. "Civil rights violation" | 9 | | includes and shall be limited to only those specific acts set | 10 | | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 11 | | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | 12 | | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | 13 | | (E) Commission. "Commission" means the Human Rights | 14 | | Commission created by this Act. | 15 | | (F) Complaint. "Complaint" means the formal pleading filed | 16 | | by the Department with the Commission following an | 17 | | investigation and finding of substantial evidence of a civil | 18 | | rights violation. | 19 | | (G) Complainant. "Complainant" means a person including | 20 | | the Department who files a charge of civil rights violation | 21 | | with the Department or the Commission. | 22 | | (G-5) Conviction record. "Conviction record" means | 23 | | information indicating that a person has been convicted of a | 24 | | felony, misdemeanor or other criminal offense, placed on | 25 | | probation, fined, imprisoned, or paroled pursuant to any law | 26 | | enforcement or military authority. |
| | | HB5525 | - 7 - | LRB103 37596 JRC 67722 b |
|
| 1 | | (H) Department. "Department" means the Department of Human | 2 | | Rights created by this Act. | 3 | | (I) Disability. | 4 | | (1) "Disability" means a determinable physical or mental | 5 | | characteristic of a person, including, but not limited to, a | 6 | | determinable physical characteristic which necessitates the | 7 | | person's use of a guide, hearing or support dog, the history of | 8 | | such characteristic, or the perception of such characteristic | 9 | | by the person complained against, which may result from | 10 | | disease, injury, congenital condition of birth or functional | 11 | | disorder and which characteristic: | 12 | | (a) For purposes of Article 2, is unrelated to the | 13 | | person's ability to perform the duties of a particular job | 14 | | or position and, pursuant to Section 2-104 of this Act, a | 15 | | person's illegal use of drugs or alcohol is not a | 16 | | disability; | 17 | | (b) For purposes of Article 3, is unrelated to the | 18 | | person's ability to acquire, rent, or maintain a housing | 19 | | accommodation; | 20 | | (c) For purposes of Article 4, is unrelated to a | 21 | | person's ability to repay; | 22 | | (d) For purposes of Article 5, is unrelated to a | 23 | | person's ability to utilize and benefit from a place of | 24 | | public accommodation; | 25 | | (e) For purposes of Article 5, also includes any | 26 | | mental, psychological, or developmental disability, |
| | | HB5525 | - 8 - | LRB103 37596 JRC 67722 b |
|
| 1 | | including autism spectrum disorders. | 2 | | (2) Discrimination based on disability includes unlawful | 3 | | discrimination against an individual because of the | 4 | | individual's association with a person with a disability. | 5 | | (J) Marital status. "Marital status" means the legal | 6 | | status of being married, single, separated, divorced, or | 7 | | widowed. | 8 | | (J-1) Military status. "Military status" means a person's | 9 | | status on active duty in or status as a veteran of the armed | 10 | | forces of the United States, status as a current member or | 11 | | veteran of any reserve component of the armed forces of the | 12 | | United States, including the United States Army Reserve, | 13 | | United States Marine Corps Reserve, United States Navy | 14 | | Reserve, United States Air Force Reserve, and United States | 15 | | Coast Guard Reserve, or status as a current member or veteran | 16 | | of the Illinois Army National Guard or Illinois Air National | 17 | | Guard. | 18 | | (K) National origin. "National origin" means the place in | 19 | | which a person or one of his or her ancestors was born. | 20 | | (K-5) "Order of protection status" means a person's status | 21 | | as being a person protected under an order of protection | 22 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 23 | | Article 112A of the Code of Criminal Procedure of 1963, the | 24 | | Stalking No Contact Order Act, or the Civil No Contact Order | 25 | | Act, or an order of protection issued by a court of another | 26 | | state. |
| | | HB5525 | - 9 - | LRB103 37596 JRC 67722 b |
|
| 1 | | (L) Person. "Person" includes one or more individuals, | 2 | | partnerships, associations or organizations, labor | 3 | | organizations, labor unions, joint apprenticeship committees, | 4 | | or union labor associations, corporations, the State of | 5 | | Illinois and its instrumentalities, political subdivisions, | 6 | | units of local government, legal representatives, trustees in | 7 | | bankruptcy or receivers. | 8 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 9 | | or medical or common conditions related to pregnancy or | 10 | | childbirth. | 11 | | (M) Public contract. "Public contract" includes every | 12 | | contract to which the State, any of its political | 13 | | subdivisions, or any municipal corporation is a party. | 14 | | (M-5) Race. "Race" includes traits associated with race, | 15 | | including, but not limited to, hair texture and protective | 16 | | hairstyles such as braids, locks, and twists. | 17 | | (N) Religion. "Religion" includes all aspects of religious | 18 | | observance and practice, as well as belief, except that with | 19 | | respect to employers, for the purposes of Article 2, | 20 | | "religion" has the meaning ascribed to it in paragraph (F) of | 21 | | Section 2-101. | 22 | | (O) Sex. "Sex" means the status of being male or female. | 23 | | (O-1) Sexual orientation. "Sexual orientation" means | 24 | | actual or perceived heterosexuality, homosexuality, | 25 | | bisexuality, or gender-related identity, whether or not | 26 | | traditionally associated with the person's designated sex at |
| | | HB5525 | - 10 - | LRB103 37596 JRC 67722 b |
|
| 1 | | birth. "Sexual orientation" does not include a physical or | 2 | | sexual attraction to a minor by an adult. | 3 | | (O-5) Source of income. "Source of income" means the | 4 | | lawful manner by which an individual supports himself or | 5 | | herself and his or her dependents. This definition prohibits a | 6 | | person engaged in a real estate transaction from requiring a | 7 | | credit check before approving another person in the process of | 8 | | renting real property or requiring a move-in fee in lieu of a | 9 | | security deposit or in addition to a security deposit. | 10 | | (P) Unfavorable military discharge. "Unfavorable military | 11 | | discharge" includes discharges from the Armed Forces of the | 12 | | United States, their Reserve components, or any National Guard | 13 | | or Naval Militia which are classified as RE-3 or the | 14 | | equivalent thereof, but does not include those characterized | 15 | | as RE-4 or "Dishonorable". | 16 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 17 | | means discrimination against a person because of his or her | 18 | | actual or perceived: race, color, religion, national origin, | 19 | | ancestry, age, sex, marital status, order of protection | 20 | | status, disability, military status, sexual orientation, | 21 | | pregnancy, or unfavorable discharge from military service as | 22 | | those terms are defined in this Section. | 23 | | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | 24 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | 25 | | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.) |
| | | HB5525 | - 11 - | LRB103 37596 JRC 67722 b |
|
| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. |
|