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Full Text of HB3741  94th General Assembly

HB3741 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3741

 

Introduced 2/24/2005, by Rep. Randall M. Hultgren, Shane Cultra, Chapin Rose, Art Tenhouse and Dave Winters

 

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
775 ILCS 5/3-103   from Ch. 68, par. 3-103
775 ILCS 5/3-106   from Ch. 68, par. 3-106
775 ILCS 5/1-101.1 rep.

    Amends the Illinois Human Rights Act. Removes language added by Public Act 93-1078 providing that discrimination against a person because of sexual orientation constitutes unlawful discrimination and making it a civil rights violation to engage in blockbusting in real estate because of the present or prospective entry of persons with a particular sexual orientation into the vicinity.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Sections 1-102, 1-103, 3-103, and 3-106 as follows:
 
6     (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7     (Text of Section before amendment by P.A. 93-1078)
8     Sec. 1-102. Declaration of Policy. It is the public policy
9 of this State:
10     (A) Freedom from Unlawful Discrimination. To secure for all
11 individuals within Illinois the freedom from discrimination
12 against any individual because of his or her race, color,
13 religion, sex, national origin, ancestry, age, marital status,
14 physical or mental handicap, military status, or unfavorable
15 discharge from military service in connection with employment,
16 real estate transactions, access to financial credit, and the
17 availability of public accommodations.
18     (B) Freedom from Sexual Harassment-Employment and Higher
19 Education. To prevent sexual harassment in employment and
20 sexual harassment in higher education.
21     (C) Freedom from Discrimination Based on Citizenship
22 Status-Employment. To prevent discrimination based on
23 citizenship status in employment.
24     (D) Freedom from Discrimination Based on Familial
25 Status-Real Estate Transactions. To prevent discrimination
26 based on familial status in real estate transactions.
27     (E) Public Health, Welfare and Safety. To promote the
28 public health, welfare and safety by protecting the interest of
29 all people in Illinois in maintaining personal dignity, in
30 realizing their full productive capacities, and in furthering
31 their interests, rights and privileges as citizens of this
32 State.

 

 

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1     (F) Implementation of Constitutional Guarantees. To secure
2 and guarantee the rights established by Sections 17, 18 and 19
3 of Article I of the Illinois Constitution of 1970.
4     (G) Equal Opportunity, Affirmative Action. To establish
5 Equal Opportunity and Affirmative Action as the policies of
6 this State in all of its decisions, programs and activities,
7 and to assure that all State departments, boards, commissions
8 and instrumentalities rigorously take affirmative action to
9 provide equality of opportunity and eliminate the effects of
10 past discrimination in the internal affairs of State government
11 and in their relations with the public.
12     (H) Unfounded Charges. To protect citizens of this State
13 against unfounded charges of unlawful discrimination, sexual
14 harassment in employment and sexual harassment in higher
15 education, and discrimination based on citizenship status in
16 employment.
17 (Source: P.A. 87-579; 88-178.)
 
18     (Text of Section after amendment by P.A. 93-1078)
19     Sec. 1-102. Declaration of Policy. It is the public policy
20 of this State:
21     (A) Freedom from Unlawful Discrimination. To secure for all
22 individuals within Illinois the freedom from discrimination
23 against any individual because of his or her race, color,
24 religion, sex, national origin, ancestry, age, marital status,
25 physical or mental handicap, military status, sexual
26 orientation, or unfavorable discharge from military service in
27 connection with employment, real estate transactions, access
28 to financial credit, and the availability of public
29 accommodations.
30     (B) Freedom from Sexual Harassment-Employment and Higher
31 Education. To prevent sexual harassment in employment and
32 sexual harassment in higher education.
33     (C) Freedom from Discrimination Based on Citizenship
34 Status-Employment. To prevent discrimination based on
35 citizenship status in employment.

 

 

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1     (D) Freedom from Discrimination Based on Familial
2 Status-Real Estate Transactions. To prevent discrimination
3 based on familial status in real estate transactions.
4     (E) Public Health, Welfare and Safety. To promote the
5 public health, welfare and safety by protecting the interest of
6 all people in Illinois in maintaining personal dignity, in
7 realizing their full productive capacities, and in furthering
8 their interests, rights and privileges as citizens of this
9 State.
10     (F) Implementation of Constitutional Guarantees. To secure
11 and guarantee the rights established by Sections 17, 18 and 19
12 of Article I of the Illinois Constitution of 1970.
13     (G) Equal Opportunity, Affirmative Action. To establish
14 Equal Opportunity and Affirmative Action as the policies of
15 this State in all of its decisions, programs and activities,
16 and to assure that all State departments, boards, commissions
17 and instrumentalities rigorously take affirmative action to
18 provide equality of opportunity and eliminate the effects of
19 past discrimination in the internal affairs of State government
20 and in their relations with the public.
21     (H) Unfounded Charges. To protect citizens of this State
22 against unfounded charges of unlawful discrimination, sexual
23 harassment in employment and sexual harassment in higher
24 education, and discrimination based on citizenship status in
25 employment.
26 (Source: P.A. 93-1078, eff. 1-1-06.)
 
27     (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
28     (Text of Section before amendment by P.A. 93-1078)
29     Sec. 1-103. General Definitions. When used in this Act,
30 unless the context requires otherwise, the term:
31     (A) Age. "Age" means the chronological age of a person who
32 is at least 40 years old, except with regard to any practice
33 described in Section 2-102, insofar as that practice concerns
34 training or apprenticeship programs. In the case of training or
35 apprenticeship programs, for the purposes of Section 2-102,

 

 

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1 "age" means the chronological age of a person who is 18 but not
2 yet 40 years old.
3     (B) Aggrieved Party. "Aggrieved party" means a person who
4 is alleged or proved to have been injured by a civil rights
5 violation or believes he or she will be injured by a civil
6 rights violation under Article 3 that is about to occur.
7     (C) Charge. "Charge" means an allegation filed with the
8 Department by an aggrieved party or initiated by the Department
9 under its authority.
10     (D) Civil Rights Violation. "Civil rights violation"
11 includes and shall be limited to only those specific acts set
12 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
13 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
14 Act.
15     (E) Commission. "Commission" means the Human Rights
16 Commission created by this Act.
17     (F) Complaint. "Complaint" means the formal pleading filed
18 by the Department with the Commission following an
19 investigation and finding of substantial evidence of a civil
20 rights violation.
21     (G) Complainant. "Complainant" means a person including
22 the Department who files a charge of civil rights violation
23 with the Department or the Commission.
24     (H) Department. "Department" means the Department of Human
25 Rights created by this Act.
26     (I) Handicap. "Handicap" means a determinable physical or
27 mental characteristic of a person, including, but not limited
28 to, a determinable physical characteristic which necessitates
29 the person's use of a guide, hearing or support dog, the
30 history of such characteristic, or the perception of such
31 characteristic by the person complained against, which may
32 result from disease, injury, congenital condition of birth or
33 functional disorder and which characteristic:
34         (1) For purposes of Article 2 is unrelated to the
35     person's ability to perform the duties of a particular job
36     or position and, pursuant to Section 2-104 of this Act, a

 

 

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1     person's illegal use of drugs or alcohol is not a handicap;
2         (2) For purposes of Article 3, is unrelated to the
3     person's ability to acquire, rent or maintain a housing
4     accommodation;
5         (3) For purposes of Article 4, is unrelated to a
6     person's ability to repay;
7         (4) For purposes of Article 5, is unrelated to a
8     person's ability to utilize and benefit from a place of
9     public accommodation.
10     (J) Marital Status. "Marital status" means the legal status
11 of being married, single, separated, divorced or widowed.
12     (J-1) Military Status. "Military status" means a person's
13 status on active duty in the armed forces of the United States,
14 status as a current member of any reserve component of the
15 armed forces of the United States, including the United States
16 Army Reserve, United States Marine Corps Reserve, United States
17 Navy Reserve, United States Air Force Reserve, and United
18 States Coast Guard Reserve, or status as a current member of
19 the Illinois Army National Guard or Illinois Air National
20 Guard.
21     (K) National Origin. "National origin" means the place in
22 which a person or one of his or her ancestors was born.
23     (L) Person. "Person" includes one or more individuals,
24 partnerships, associations or organizations, labor
25 organizations, labor unions, joint apprenticeship committees,
26 or union labor associations, corporations, the State of
27 Illinois and its instrumentalities, political subdivisions,
28 units of local government, legal representatives, trustees in
29 bankruptcy or receivers.
30     (M) Public Contract. "Public contract" includes every
31 contract to which the State, any of its political subdivisions
32 or any municipal corporation is a party.
33     (N) Religion. "Religion" includes all aspects of religious
34 observance and practice, as well as belief, except that with
35 respect to employers, for the purposes of Article 2, "religion"
36 has the meaning ascribed to it in paragraph (F) of Section

 

 

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1 2-101.
2     (O) Sex. "Sex" means the status of being male or female.
3     (P) Unfavorable Military Discharge. "Unfavorable military
4 discharge" includes discharges from the Armed Forces of the
5 United States, their Reserve components or any National Guard
6 or Naval Militia which are classified as RE-3 or the equivalent
7 thereof, but does not include those characterized as RE-4 or
8 "Dishonorable".
9     (Q) Unlawful Discrimination. "Unlawful discrimination"
10 means discrimination against a person because of his or her
11 race, color, religion, national origin, ancestry, age, sex,
12 marital status, handicap, military status, or unfavorable
13 discharge from military service as those terms are defined in
14 this Section.
15 (Source: P.A. 93-941, eff. 8-16-04.)
 
16     (Text of Section after amendment by P.A. 93-1078)
17     Sec. 1-103. General Definitions. When used in this Act,
18 unless the context requires otherwise, the term:
19     (A) Age. "Age" means the chronological age of a person who
20 is at least 40 years old, except with regard to any practice
21 described in Section 2-102, insofar as that practice concerns
22 training or apprenticeship programs. In the case of training or
23 apprenticeship programs, for the purposes of Section 2-102,
24 "age" means the chronological age of a person who is 18 but not
25 yet 40 years old.
26     (B) Aggrieved Party. "Aggrieved party" means a person who
27 is alleged or proved to have been injured by a civil rights
28 violation or believes he or she will be injured by a civil
29 rights violation under Article 3 that is about to occur.
30     (C) Charge. "Charge" means an allegation filed with the
31 Department by an aggrieved party or initiated by the Department
32 under its authority.
33     (D) Civil Rights Violation. "Civil rights violation"
34 includes and shall be limited to only those specific acts set
35 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,

 

 

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1 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
2 Act.
3     (E) Commission. "Commission" means the Human Rights
4 Commission created by this Act.
5     (F) Complaint. "Complaint" means the formal pleading filed
6 by the Department with the Commission following an
7 investigation and finding of substantial evidence of a civil
8 rights violation.
9     (G) Complainant. "Complainant" means a person including
10 the Department who files a charge of civil rights violation
11 with the Department or the Commission.
12     (H) Department. "Department" means the Department of Human
13 Rights created by this Act.
14     (I) Handicap. "Handicap" means a determinable physical or
15 mental characteristic of a person, including, but not limited
16 to, a determinable physical characteristic which necessitates
17 the person's use of a guide, hearing or support dog, the
18 history of such characteristic, or the perception of such
19 characteristic by the person complained against, which may
20 result from disease, injury, congenital condition of birth or
21 functional disorder and which characteristic:
22         (1) For purposes of Article 2 is unrelated to the
23     person's ability to perform the duties of a particular job
24     or position and, pursuant to Section 2-104 of this Act, a
25     person's illegal use of drugs or alcohol is not a handicap;
26         (2) For purposes of Article 3, is unrelated to the
27     person's ability to acquire, rent or maintain a housing
28     accommodation;
29         (3) For purposes of Article 4, is unrelated to a
30     person's ability to repay;
31         (4) For purposes of Article 5, is unrelated to a
32     person's ability to utilize and benefit from a place of
33     public accommodation.
34     (J) Marital Status. "Marital status" means the legal status
35 of being married, single, separated, divorced or widowed.
36     (J-1) Military Status. "Military status" means a person's

 

 

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1 status on active duty in the armed forces of the United States,
2 status as a current member of any reserve component of the
3 armed forces of the United States, including the United States
4 Army Reserve, United States Marine Corps Reserve, United States
5 Navy Reserve, United States Air Force Reserve, and United
6 States Coast Guard Reserve, or status as a current member of
7 the Illinois Army National Guard or Illinois Air National
8 Guard.
9     (K) National Origin. "National origin" means the place in
10 which a person or one of his or her ancestors was born.
11     (L) Person. "Person" includes one or more individuals,
12 partnerships, associations or organizations, labor
13 organizations, labor unions, joint apprenticeship committees,
14 or union labor associations, corporations, the State of
15 Illinois and its instrumentalities, political subdivisions,
16 units of local government, legal representatives, trustees in
17 bankruptcy or receivers.
18     (M) Public Contract. "Public contract" includes every
19 contract to which the State, any of its political subdivisions
20 or any municipal corporation is a party.
21     (N) Religion. "Religion" includes all aspects of religious
22 observance and practice, as well as belief, except that with
23 respect to employers, for the purposes of Article 2, "religion"
24 has the meaning ascribed to it in paragraph (F) of Section
25 2-101.
26     (O) Sex. "Sex" means the status of being male or female.
27     (O-1) (Blank). Sexual orientation. "Sexual orientation"
28 means actual or perceived heterosexuality, homosexuality,
29 bisexuality, or gender-related identity, whether or not
30 traditionally associated with the person's designated sex at
31 birth. "Sexual orientation" does not include a physical or
32 sexual attraction to a minor by an adult.
33     (P) Unfavorable Military Discharge. "Unfavorable military
34 discharge" includes discharges from the Armed Forces of the
35 United States, their Reserve components or any National Guard
36 or Naval Militia which are classified as RE-3 or the equivalent

 

 

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1 thereof, but does not include those characterized as RE-4 or
2 "Dishonorable".
3     (Q) Unlawful Discrimination. "Unlawful discrimination"
4 means discrimination against a person because of his or her
5 race, color, religion, national origin, ancestry, age, sex,
6 marital status, handicap, military status, sexual orientation,
7 or unfavorable discharge from military service as those terms
8 are defined in this Section.
9 (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06.)
 
10     (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
11     (Text of Section before amendment by P.A. 93-1078)
12     Sec. 3-103. Blockbusting.) It is a civil rights violation
13 for any person to:
14     (A) Solicitation. Solicit for sale, lease, listing or
15 purchase any residential real estate within this State, on the
16 grounds of loss of value due to the present or prospective
17 entry into the vicinity of the property involved of any person
18 or persons of any particular race, color, religion, national
19 origin, ancestry, age, sex, marital status, familial status or
20 handicap.
21     (B) Statements. Distribute or cause to be distributed,
22 written material or statements designed to induce any owner of
23 residential real estate in this State to sell or lease his or
24 her property because of any present or prospective changes in
25 the race, color, religion, national origin, ancestry, age, sex,
26 marital status, familial status or handicap of residents in the
27 vicinity of the property involved.
28     (C) Creating Alarm. Intentionally create alarm, among
29 residents of any community, by transmitting communications in
30 any manner, including a telephone call whether or not
31 conversation thereby ensues, with a design to induce any owner
32 of residential real estate in this state to sell or lease his
33 or her property because of any present or prospective entry
34 into the vicinity of the property involved of any person or
35 persons of any particular race, color, religion, national

 

 

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1 origin, ancestry, age, sex, marital status, familial status or
2 handicap.
3 (Source: P.A. 86-910.)
 
4     (Text of Section after amendment by P.A. 93-1078)
5     Sec. 3-103. Blockbusting. It is a civil rights violation
6 for any person to:
7     (A) Solicitation. Solicit for sale, lease, listing or
8 purchase any residential real estate within this State, on the
9 grounds of loss of value due to the present or prospective
10 entry into the vicinity of the property involved of any person
11 or persons of any particular race, color, religion, national
12 origin, ancestry, age, sex, sexual orientation, marital
13 status, familial status or handicap.
14     (B) Statements. Distribute or cause to be distributed,
15 written material or statements designed to induce any owner of
16 residential real estate in this State to sell or lease his or
17 her property because of any present or prospective changes in
18 the race, color, religion, national origin, ancestry, age, sex,
19 sexual orientation, marital status, familial status or
20 handicap of residents in the vicinity of the property involved.
21     (C) Creating Alarm. Intentionally create alarm, among
22 residents of any community, by transmitting communications in
23 any manner, including a telephone call whether or not
24 conversation thereby ensues, with a design to induce any owner
25 of residential real estate in this state to sell or lease his
26 or her property because of any present or prospective entry
27 into the vicinity of the property involved of any person or
28 persons of any particular race, color, religion, national
29 origin, ancestry, age, sex, sexual orientation, marital
30 status, familial status or handicap.
31 (Source: P.A. 93-1078, eff. 1-1-06.)
 
32     (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
33     (Text of Section before amendment by P.A. 93-1078)
34     Sec. 3-106. Exemptions.) Nothing contained in Section

 

 

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1 3-102 shall prohibit:
2     (A) Private Sales of Single Family Homes. Any sale of a
3 single family home by its owner so long as the following
4 criteria are met:
5         (1) The owner does not own or have a beneficial
6     interest in more than three single family homes at the time
7     of the sale;
8         (2) The owner or a member of his or her family was the
9     last current resident of the home;
10         (3) The home is sold without the use in any manner of
11     the sales or rental facilities or services of any real
12     estate broker or salesman, or of any employee or agent of
13     any real estate broker or salesman;
14         (4) The home is sold without the publication, posting
15     or mailing, after notice, of any advertisement or written
16     notice in violation of paragraph (F) of Section 3-102.
17     (B) Apartments. Rental of a housing accommodation in a
18 building which contains housing accommodations for not more
19 than five families living independently of each other, if the
20 lessor or a member of his or her family resides in one of the
21 housing accommodations;
22     (C) Private Rooms. Rental of a room or rooms in a private
23 home by an owner if he or she or a member of his or her family
24 resides therein or, while absent for a period of not more than
25 twelve months, if he or she or a member of his or her family
26 intends to return to reside therein;
27     (D) Reasonable local, State, or Federal restrictions
28 regarding the maximum number of occupants permitted to occupy a
29 dwelling.
30     (E) Religious Organizations. A religious organization,
31 association, or society, or any nonprofit institution or
32 organization operated, supervised or controlled by or in
33 conjunction with a religious organization, association, or
34 society, from limiting the sale, rental or occupancy of a
35 dwelling which it owns or operates for other than a commercial
36 purpose to persons of the same religion, or from giving

 

 

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1 preference to such persons, unless membership in such religion
2 is restricted on account of race, color, or national origin.
3     (F) Sex. Restricting the rental of rooms in a housing
4 accommodation to persons of one sex.
5     (G) Persons Convicted of Drug-Related Offenses. Conduct
6 against a person because such person has been convicted by any
7 court of competent jurisdiction of the illegal manufacture or
8 distribution of a controlled substance as defined in Section
9 102 of the federal Controlled Substances Act (21 U.S.C. 802).
10     (H) Persons engaged in the business of furnishing
11 appraisals of real property from taking into consideration
12 factors other than those based on unlawful discrimination or
13 familial status in furnishing appraisals.
14     (I) Housing for Older Persons. No provision in this Article
15 regarding familial status shall apply with respect to housing
16 for older persons.
17         (1) As used in this Section, "housing for older
18     persons" means housing:
19             (a) provided under any State or Federal program
20         that the Department determines is specifically
21         designed and operated to assist elderly persons (as
22         defined in the State or Federal program); or
23             (b) intended for, and solely occupied by, persons
24         62 years of age or older; or
25             (c) intended and operated for occupancy by persons
26         55 years of age or older and:
27                 (i) at least 80% of the occupied units are
28             occupied by at least one person who is 55 years of
29             age or older;
30                 (ii) the housing facility or community
31             publishes and adheres to policies and procedures
32             that demonstrate the intent required under this
33             subdivision (c); and
34                 (iii) the housing facility or community
35             complies with rules adopted by the Department for
36             verification of occupancy, which shall:

 

 

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

 

 

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1 (Source: P.A. 89-520, eff. 7-18-96.)
 
2     (Text of Section after amendment by P.A. 93-1078)
3     Sec. 3-106. Exemptions.) Nothing contained in Section
4 3-102 shall prohibit:
5     (A) Private Sales of Single Family Homes. Any sale of a
6 single family home by its owner so long as the following
7 criteria are met:
8         (1) The owner does not own or have a beneficial
9     interest in more than three single family homes at the time
10     of the sale;
11         (2) The owner or a member of his or her family was the
12     last current resident of the home;
13         (3) The home is sold without the use in any manner of
14     the sales or rental facilities or services of any real
15     estate broker or salesman, or of any employee or agent of
16     any real estate broker or salesman;
17         (4) The home is sold without the publication, posting
18     or mailing, after notice, of any advertisement or written
19     notice in violation of paragraph (F) of Section 3-102.
20     (B) Apartments. Rental of a housing accommodation in a
21 building which contains housing accommodations for not more
22 than five families living independently of each other, if the
23 lessor or a member of his or her family resides in one of the
24 housing accommodations;
25     (C) Private Rooms. Rental of a room or rooms in a private
26 home by an owner if he or she or a member of his or her family
27 resides therein or, while absent for a period of not more than
28 twelve months, if he or she or a member of his or her family
29 intends to return to reside therein;
30     (D) Reasonable local, State, or Federal restrictions
31 regarding the maximum number of occupants permitted to occupy a
32 dwelling.
33     (E) Religious Organizations. A religious organization,
34 association, or society, or any nonprofit institution or
35 organization operated, supervised or controlled by or in

 

 

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1 conjunction with a religious organization, association, or
2 society, from limiting the sale, rental or occupancy of a
3 dwelling which it owns or operates for other than a commercial
4 purpose to persons of the same religion, or from giving
5 preference to such persons, unless membership in such religion
6 is restricted on account of race, color, or national origin.
7     (F) Sex. Restricting the rental of rooms in a housing
8 accommodation to persons of one sex.
9     (G) Persons Convicted of Drug-Related Offenses. Conduct
10 against a person because such person has been convicted by any
11 court of competent jurisdiction of the illegal manufacture or
12 distribution of a controlled substance as defined in Section
13 102 of the federal Controlled Substances Act (21 U.S.C. 802).
14     (H) Persons engaged in the business of furnishing
15 appraisals of real property from taking into consideration
16 factors other than those based on unlawful discrimination or
17 familial status in furnishing appraisals.
18     (H-1) (Blank). The owner of an owner-occupied residential
19 building with 5 or fewer units (including the unit in which the
20 owner resides) from making decisions regarding whether to rent
21 to a person based upon that person's sexual orientation.
22     (I) Housing for Older Persons. No provision in this Article
23 regarding familial status shall apply with respect to housing
24 for older persons.
25         (1) As used in this Section, "housing for older
26     persons" means housing:
27             (a) provided under any State or Federal program
28         that the Department determines is specifically
29         designed and operated to assist elderly persons (as
30         defined in the State or Federal program); or
31             (b) intended for, and solely occupied by, persons
32         62 years of age or older; or
33             (c) intended and operated for occupancy by persons
34         55 years of age or older and:
35                 (i) at least 80% of the occupied units are
36             occupied by at least one person who is 55 years of

 

 

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1             age or older;
2                 (ii) the housing facility or community
3             publishes and adheres to policies and procedures
4             that demonstrate the intent required under this
5             subdivision (c); and
6                 (iii) the housing facility or community
7             complies with rules adopted by the Department for
8             verification of occupancy, which shall:
9                     (aa) provide for verification by reliable
10                 surveys and affidavits; and
11                     (bb) include examples of the types of
12                 policies and procedures relevant to a
13                 determination of compliance with the
14                 requirement of clause (ii).
15         These surveys and affidavits shall be admissible in
16     administrative and judicial proceedings for the purposes
17     of such verification.
18         (2) Housing shall not fail to meet the requirements for
19     housing for older persons by reason of:
20             (a) persons residing in such housing as of the
21         effective date of this amendatory Act of 1989 who do
22         not meet the age requirements of subsections (1)(b) or
23         (c); provided, that new occupants of such housing meet
24         the age requirements of subsections (1)(b) or (c) of
25         this subsection; or
26             (b) unoccupied units; provided, that such units
27         are reserved for occupancy by persons who meet the age
28         requirements of subsections (1)(b) or (c) of this
29         subsection.
30         (3) (a) A person shall not be held personally liable
31         for monetary damages for a violation of this Article if
32         the person reasonably relied, in good faith, on the
33         application of the exemption under this subsection (I)
34         relating to housing for older persons.
35             (b) For the purposes of this item (3), a person may
36         show good faith reliance on the application of the

 

 

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1         exemption only by showing that:
2                 (i) the person has no actual knowledge that the
3             facility or community is not, or will not be,
4             eligible for the exemption; and
5                 (ii) the facility or community has stated
6             formally, in writing, that the facility or
7             community complies with the requirements for the
8             exemption.
9 (Source: P.A. 93-1078, eff. 1-1-06.)
 
10     (775 ILCS 5/1-101.1 rep.)
11     Section 10. The Illinois Human Rights Act is amended by
12 repealing Section 1-101.1.
 
13     Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.