Illinois General Assembly - Full Text of SB1817
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Full Text of SB1817  103rd General Assembly




SB1817 EnrolledLRB103 27774 LNS 54152 b

1    AN ACT concerning human rights.
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 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
63-106 as follows:
7    (775 ILCS 5/3-101)  (from Ch. 68, par. 3-101)
8    Sec. 3-101. Definitions. The following definitions are
9applicable strictly in the context of this Article:
10    (A) Real Property. "Real property" includes buildings,
11structures, real estate, lands, tenements, leaseholds,
12interests in real estate cooperatives, condominiums, and
13hereditaments, corporeal and incorporeal, or any interest
15    (B) Real Estate Transaction. "Real estate transaction"
16includes the sale, exchange, rental or lease of real property.
17"Real estate transaction" also includes the brokering or
18appraising of residential real property and the making or
19purchasing of loans or providing other financial assistance:
20    (1) for purchasing, constructing, improving, repairing or
21maintaining a dwelling; or
22    (2) secured by residential real estate.
23    (C) Housing Accommodations. "Housing accommodation"



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1includes any improved or unimproved real property, or part
2thereof, which is used or occupied, or is intended, arranged
3or designed to be used or occupied, as the home or residence of
4one or more individuals.
5    (D) Real Estate Broker or Salesman. "Real estate broker or
6salesman" means a person, whether licensed or not, who, for or
7with the expectation of receiving a consideration, lists,
8sells, purchases, exchanges, rents, or leases real property,
9or who negotiates or attempts to negotiate any of these
10activities, or who holds oneself himself or herself out as
11engaged in these.
12    (E) Familial Status. "Familial status" means one or more
13individuals (who have not attained the age of 18 years) being
14domiciled with:
15    (1) a parent or person having legal custody of such
16individual or individuals; or
17    (2) the designee of such parent or other person having
18such custody, with the written permission of such parent or
19other person.
20    The protections afforded by this Article against
21discrimination on the basis of familial status apply to any
22person who is pregnant or is in the process of securing legal
23custody of any individual who has not attained the age of 18
25    (F) Conciliation. "Conciliation" means the attempted
26resolution of issues raised by a charge, or by the



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1investigation of such charge, through informal negotiations
2involving the aggrieved party, the respondent and the
4    (G) Conciliation Agreement. "Conciliation agreement" means
5a written agreement setting forth the resolution of the issues
6in conciliation.
7    (H) Covered Multifamily Dwellings. As used in Section
83-102.1, "covered multifamily dwellings" means:
9    (1) buildings consisting of 4 or more units if such
10buildings have one or more elevators; and
11    (2) ground floor units in other buildings consisting of 4
12or more units.
13    (I) Immigration Status. "Immigration status" means a
14person's actual or perceived citizenship or immigration
16(Source: P.A. 86-820; 86-910; 86-1028.)
17    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
18    Sec. 3-102. Civil rights violations; real estate
19transactions and other prohibited acts. It is a civil rights
20violation for an owner or any other person engaging in a real
21estate transaction, or for a real estate broker or salesman,
22because of unlawful discrimination, familial status,
23immigration status, source of income, or an arrest record, as
24defined under subsection (B-5) of Section 1-103, to:
25        (A) Transactions. Transaction. Refuse to engage in a



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1    real estate transaction with a person or to discriminate
2    in making available such a transaction;
3        (B) Terms. Alter the terms, conditions or privileges
4    of a real estate transaction or in the furnishing of
5    facilities or services in connection therewith;
6        (C) Offers. Offer. Refuse to receive or to fail to
7    transmit a bona fide offer to engage in a real estate
8    transaction from a person;
9        (D) Negotiation. Refuse to negotiate for a real estate
10    transaction with a person;
11        (E) Representations. Represent to a person that real
12    property is not available for inspection, sale, rental, or
13    lease when in fact it is so available, or to fail to bring
14    a property listing to the person's his or her attention,
15    or to refuse to permit the person him or her to inspect
16    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, immigration status, source of income, or



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1    an arrest record, or an intention to make any such
2    preference, limitation, or 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, immigration status, source of income, or an arrest
7    record in a real estate transaction is intended.
8(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
9    (775 ILCS 5/3-102.10)
10    Sec. 3-102.10. Third-party loan modification service
12    (A) It is a civil rights violation for a third-party loan
13modification service provider, because of unlawful
14discrimination, familial status, immigration status, source of
15income, or an arrest record, to:
16        (1) refuse to engage in loan modification services;
17        (2) alter the terms, conditions, or privileges of such
18    services; or
19        (3) discriminate in making such services available,
20    including, but not limited to, by making a statement,
21    advertisement, representation, inquiry, listing, offer, or
22    solicitation that indicates a preference or the intention
23    to make such a preference in making such services
24    available.
25    (B) For purposes of this Section, "third-party loan



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1modification service provider" means a person or entity,
2whether licensed or not, who, for or with the expectation of
3receiving consideration, provides assistance or services to a
4loan borrower to obtain a modification to a term of an existing
5real estate loan or to obtain foreclosure relief. "Third-party
6loan modification service provider" does not include lenders,
7brokers or appraisers of mortgage loans, or the servicers,
8subsidiaries, affiliates, or agents of the lender.
9(Source: P.A. 102-362, eff. 1-1-22.)
10    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
11    Sec. 3-103. Blockbusting. It is a civil rights violation
12for any person to:
13        (A) Solicitation. Solicit for sale, lease, listing or
14    purchase any residential real estate within this State, on
15    the grounds of loss of value due to the present or
16    prospective entry into the vicinity of the property
17    involved of any person or persons of any particular race,
18    color, religion, national origin, ancestry, age, sex,
19    sexual orientation, marital status, familial status,
20    immigration status, source of income, or disability.
21        (B) Statements. Distribute or cause to be distributed,
22    written material or statements designed to induce any
23    owner of residential real estate in this State to sell or
24    lease the owner's his or her property because of any
25    present or prospective changes in the race, color,



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1    religion, national origin, ancestry, age, sex, sexual
2    orientation, marital status, familial status, immigration
3    status, source of income, or disability of residents in
4    the vicinity of the property involved.
5        (C) Creating Alarm. Intentionally create alarm, among
6    residents of any community, by transmitting communications
7    in any manner, including a telephone call whether or not
8    conversation thereby ensues, with a design to induce any
9    owner of residential real estate in this state to sell or
10    lease the owner's his or her property because of any
11    present or prospective entry into the vicinity of the
12    property involved of any person or persons of any
13    particular race, color, religion, national origin,
14    ancestry, age, sex, sexual orientation, marital status,
15    familial status, immigration status, source of income, or
16    disability.
17(Source: P.A. 102-896, eff. 1-1-23.)
18    (775 ILCS 5/3-104.1)  (from Ch. 68, par. 3-104.1)
19    Sec. 3-104.1. Refusal to sell or rent because a person has
20a guide, hearing or support dog. It is a civil rights violation
21for the owner or agent of any housing accommodation to:
22        (A) refuse to sell or rent after the making of a bona
23    fide bonafide offer, or to refuse to negotiate for the
24    sale or rental of, or otherwise make unavailable or deny
25    property to any blind or hearing impaired person or person



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1    with a physical disability because the blind or hearing
2    impaired person or person with a physical disability he
3    has a guide, hearing, or support dog; or
4        (B) discriminate against any blind or hearing impaired
5    person or person with a physical disability in the terms,
6    conditions, or privileges of sale or rental property, or
7    in the provision of services or facilities in connection
8    therewith, because the blind or hearing impaired person or
9    person with a physical disability he has a guide, hearing,
10    or support dog; or
11        (C) require, because a blind or hearing impaired
12    person or person with a physical disability has a guide,
13    hearing, or support dog, an extra charge in a lease,
14    rental agreement, or contract of purchase or sale, other
15    than for actual damage done to the premises by the dog.
16(Source: P.A. 99-143, eff. 7-27-15.)
17    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
18    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
19shall prohibit:
20    (A) Private Sales of Single Family Homes.
21        (1) Any sale of a single family home by its owner so
22    long as the following criteria are met:
23            (a) The owner does not own or have a beneficial
24        interest in more than 3 three single family homes at
25        the time of the sale;



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1            (b) The owner or a member of the owner's his or her
2        family was the last current resident of the home;
3            (c) The home is sold without the use in any manner
4        of the sales or rental facilities or services of any
5        real estate broker or salesman, or of any employee or
6        agent of any real estate broker or salesman;
7            (d) The home is sold without the publication,
8        posting or mailing, after notice, of any advertisement
9        or written notice in violation of paragraph (F) of
10        Section 3-102.
11        (2) This exemption does not apply to paragraph (F) of
12    Section 3-102.
13    (B) Apartments. Rental of a housing accommodation in a
14building which contains housing accommodations for not more
15than 4 families living independently of each other, if the
16owner resides in one of the housing accommodations. This
17exemption does not apply to paragraph (F) of Section 3-102.
18    (C) Private Rooms. Rental of a room or rooms in a private
19home by an owner if the owner he or she or a member of the
20owner's his or her family resides therein or, while absent for
21a period of not more than 12 twelve months, if the owner he or
22she or a member of the owner's his or her family intends to
23return to reside therein. This exemption does not apply to
24paragraph (F) of Section 3-102.
25    (D) Reasonable local, State, or Federal restrictions
26regarding the maximum number of occupants permitted to occupy



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1a dwelling.
2    (E) Religious Organizations. A religious organization,
3association, or society, or any nonprofit institution or
4organization operated, supervised or controlled by or in
5conjunction with a religious organization, association, or
6society, from limiting the sale, rental or occupancy of a
7dwelling which it owns or operates for other than a commercial
8purpose to persons of the same religion, or from giving
9preference to such persons, unless membership in such religion
10is restricted on account of race, color, or national origin.
11    (F) Sex. Restricting the rental of rooms in a housing
12accommodation to persons of one sex.
13    (G) Persons Convicted of Drug-Related Offenses. Conduct
14against a person because such person has been convicted by any
15court of competent jurisdiction of the illegal manufacture or
16distribution of a controlled substance as defined in Section
17102 of the federal Controlled Substances Act (21 U.S.C. 802).
18    (H) Persons engaged in the business of furnishing
19appraisals of real property from taking into consideration
20factors other than those based on unlawful discrimination or
21familial status or source of income in furnishing appraisals.
22    (H-1) The owner of an owner-occupied residential building
23with 4 or fewer units (including the unit in which the owner
24resides) from making decisions regarding whether to rent to a
25person based upon that person's sexual orientation.
26    (I) Housing for Older Persons. No provision in this



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1Article regarding familial status shall apply with respect to
2housing for older persons.
3        (1) As used in this Section, "housing for older
4    persons" means housing:
5            (a) provided under any State or Federal program
6        that the Department determines is specifically
7        designed and operated to assist elderly persons (as
8        defined in the State or Federal program); or
9            (b) intended for, and solely occupied by, persons
10        62 years of age or older; or
11            (c) intended and operated for occupancy by persons
12        55 years of age or older and:
13                (i) at least 80% of the occupied units are
14            occupied by at least one person who is 55 years of
15            age or older;
16                (ii) the housing facility or community
17            publishes and adheres to policies and procedures
18            that demonstrate the intent required under this
19            subdivision (c); and
20                (iii) the housing facility or community
21            complies with rules adopted by the Department for
22            verification of occupancy, which shall:
23                    (aa) provide for verification by reliable
24                surveys and affidavits; and
25                    (bb) include examples of the types of
26                policies and procedures relevant to a



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



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1        facility or community is not, or will not be, eligible
2        for the exemption; and
3            (ii) the facility or community has stated
4        formally, in writing, that the facility or community
5        complies with the requirements for the exemption.
6    (J) Child Sex Offender Refusal to Rent. Refusal of a child
7sex offender who owns and resides at residential real estate
8to rent any residential unit within the same building in which
9the child sex offender he or she resides to a person who is the
10parent or guardian of a child or children under 18 years of
12    (K) Arrest Records. Inquiry into or the use of an arrest
13record if the inquiry or use is otherwise authorized by State
14or federal law.
15    (L) Financial Institutions. A financial institution as
16defined in Article 4 from considering source of income or
17immigration status in a real estate transaction in compliance
18with State or federal law.
19    (M) Immigration Status. Inquiry into or the use of
20immigration status if the inquiry or use is in compliance with
21State or federal law.
22(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)