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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by |
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| changing Sections
1-102, 1-103, 3-103, and 3-106 and the |
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| heading of Article 1 and adding Section
1-101.1
as follows:
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| (775 ILCS 5/Art. 1 heading)
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| ARTICLE 1. |
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| GENERAL PROVISIONS
TITLE, POLICY AND DEFINITIONS
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| (775 ILCS 5/1-101.1 new)
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| Sec. 1-101.1. Construction. Nothing in this Act shall be |
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| construed as
requiring any employer, employment agency, or |
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| labor organization to give
preferential treatment or special |
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| rights based on sexual orientation or to
implement affirmative |
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| action policies or programs based on sexual
orientation.
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| Sec. 1-102. Declaration of Policy. It is the public policy |
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| of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all |
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| individuals
within Illinois the freedom from discrimination |
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| against any individual because
of his or her race, color, |
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| religion, sex, national origin, ancestry, age,
marital status, |
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| physical or mental handicap, military
status, sexual |
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| orientation, or unfavorable
discharge from military service in |
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| connection with employment, real estate
transactions, access |
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| to financial credit, and the availability of public
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| accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher |
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| Education.
To prevent sexual harassment in employment and |
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| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship |
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| Status-Employment.
To prevent discrimination based on |
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| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial |
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| Status-Real Estate
Transactions. To prevent discrimination |
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| based on familial status in real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the |
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| public health,
welfare and safety by protecting the interest of |
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| all people in Illinois
in maintaining personal dignity, in |
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| realizing their full productive
capacities, and in furthering |
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| their interests, rights and privileges as
citizens of this |
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| State.
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| (F) Implementation of Constitutional Guarantees. To secure |
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| and
guarantee the rights established by Sections 17, 18 and 19 |
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| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish |
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| Equal
Opportunity and Affirmative Action as the policies of |
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| this State in all
of its decisions, programs and activities, |
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| and to assure that all State
departments, boards, commissions |
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| and instrumentalities rigorously take
affirmative action to |
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| provide equality of opportunity and eliminate the
effects of |
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| past discrimination in the internal affairs of State
government |
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| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State |
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| against
unfounded charges of unlawful discrimination, sexual |
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| harassment in
employment and sexual harassment in higher |
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| education, and discrimination
based on citizenship status in |
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| employment.
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| (Source: P.A. 87-579; 88-178.)
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| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) |
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| Sec. 1-103. General Definitions. When used in this Act, |
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| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who |
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| is at least
40 years old, except with regard to any practice |
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| described in Section
2-102, insofar as that practice concerns |
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| training or apprenticeship
programs. In the case of training or |
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| apprenticeship programs, for the
purposes of Section 2-102, |
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| "age" means the chronological age of a person
who is 18 but not |
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| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who |
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| is alleged
or proved to have been injured by a civil rights |
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| violation or believes he
or she will be injured by a civil |
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| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the |
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| Department
by an aggrieved party or initiated by the Department |
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| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" |
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| includes and
shall be limited to only those specific acts set |
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| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, |
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| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this |
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| Act.
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| (E) Commission. "Commission" means the Human Rights |
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| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed |
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| by
the Department with the Commission following an |
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| investigation and
finding of substantial evidence of a civil |
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| rights violation.
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| (G) Complainant. "Complainant" means a person including |
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| the
Department who files a charge of civil rights violation |
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| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human |
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| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or |
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| mental
characteristic of a person, including, but not limited |
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| to, a determinable
physical characteristic which necessitates |
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| the person's use of a guide,
hearing or support dog, the |
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| history of such characteristic, or the
perception of such |
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| characteristic by the person complained against, which
may |
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| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the |
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| person's ability
to perform the duties of a particular job |
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| or position and, pursuant to
Section 2-104 of this Act, a |
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| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the |
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| person's ability
to acquire, rent or maintain a housing |
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| accommodation;
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| (3) For purposes of Article 4, is unrelated to a |
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| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a |
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| person's ability to
utilize and benefit from a place of |
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| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status |
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| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's |
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| status on
active duty in the armed forces of the United States, |
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| status as a current member of any
reserve component of the |
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| armed forces of the United States, including the United
States |
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| Army Reserve, United States Marine Corps Reserve, United States |
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| Navy
Reserve, United States Air Force Reserve, and United |
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| States Coast Guard
Reserve, or status as a current member of |
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| the Illinois Army National Guard or Illinois Air National
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| Guard.
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| (K) National Origin. "National origin" means the place in |
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| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, |
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| partnerships,
associations or organizations, labor |
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| organizations, labor unions, joint
apprenticeship committees, |
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| or union labor associations, corporations, the
State of |
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| Illinois and its instrumentalities, political subdivisions, |
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| units
of local government, legal representatives, trustees in |
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| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every |
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| contract to which the
State, any of its political subdivisions |
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| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious |
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| observance
and practice, as well as belief, except that with |
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| respect to employers, for
the purposes of Article 2, "religion" |
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| has the meaning ascribed to it in
paragraph (F) of Section |
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| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means |
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| actual or
perceived heterosexuality, homosexuality, |
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| bisexuality, or gender-related identity,
whether or not |
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| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or |
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| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military |
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| discharge"
includes discharges from the Armed Forces of the |
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| United States, their
Reserve components or any National Guard |
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| or Naval Militia which are
classified as RE-3 or the equivalent |
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| thereof, but does not include those
characterized as RE-4 or |
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| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" |
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| means discrimination
against a person because of his or her |
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| race, color, religion, national origin,
ancestry, age, sex, |
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| marital status, handicap, military status, sexual
orientation,
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| or unfavorable
discharge from military service as those terms |
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| are defined in this Section.
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| (Source: P.A. 93-941, eff. 8-16-04.)
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| (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
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| Sec. 3-103. Blockbusting. ) It is a civil rights violation |
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| for any
person to:
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| (A) Solicitation. Solicit for sale, lease, listing or |
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| purchase any
residential real estate within this State, on the |
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| grounds of loss of
value due to the present or prospective |
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| entry into the vicinity of the
property involved of any person |
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| or persons of any particular race,
color, religion, national |
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| origin, ancestry, age, sex, sexual orientation,
marital |
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| status,
familial status or
handicap.
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| (B) Statements. Distribute or cause to be distributed, |
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| written
material or statements designed to induce any owner of |
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| residential real
estate in this State to sell or lease his or |
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| her property because of any
present or prospective changes in |
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| the race, color, religion, national
origin, ancestry, age, sex, |
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| sexual orientation, marital status, familial
status or |
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| handicap
of residents in
the vicinity of the property involved.
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| (C) Creating Alarm. Intentionally create alarm, among |
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| residents of
any community, by transmitting communications in |
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| any manner, including
a telephone call
whether or not |
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| conversation thereby ensues, with a design to induce any
owner |
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| of residential real estate in this state to sell or lease his |
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| or
her property because of any present or prospective entry |
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| into the
vicinity of the property involved of any person or |
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| persons of any
particular race, color, religion, national |
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| origin, ancestry, age, sex, sexual
orientation, marital
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| status, familial status or handicap.
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| (Source: P.A. 86-910.)
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| (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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| Sec. 3-106. Exemptions.) Nothing contained in Section |
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| 3-102 shall
prohibit:
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| (A) Private Sales of Single Family Homes. Any sale of a |
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| single
family home by its owner so long as the following |
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| criteria are met:
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| (1) The owner does not own or have a beneficial |
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| interest in more
than three single family homes at the time |
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| of the sale;
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| (2) The owner or a member of his or her family was the |
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| last current
resident of the home;
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| (3) The home is sold without the use in any manner of |
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| the sales or
rental facilities or services of any real |
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| estate broker or salesman, or
of any employee or agent of |
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| any real estate broker or salesman;
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| (4) The home is sold without the publication, posting |
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| or mailing,
after notice, of any advertisement or written |
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| notice in violation of
paragraph (F) of Section 3-102.
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| (B) Apartments. Rental of a housing accommodation in a |
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| building
which contains housing accommodations for not more |
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| than five families
living independently of each other, if the |
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| lessor or a member of his or
her family resides in one of the |
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| housing accommodations;
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| (C) Private Rooms. Rental of a room or rooms in a private |
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| home by
an owner if he or she or a member of his or her family |
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| resides therein or,
while absent for a period of not more than |
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| twelve months, if he or she or a
member of his or her family |
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| intends to return to reside therein;
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| (D) Reasonable local, State, or Federal restrictions
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| regarding the maximum number of occupants permitted to occupy a |
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| dwelling.
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| (E) Religious Organizations. A religious organization, |
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| association,
or society, or any nonprofit institution or |
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| organization operated,
supervised or controlled by or in |
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| conjunction with a religious
organization, association, or |
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| society, from limiting the sale, rental or
occupancy of a |
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| dwelling which it owns or operates for other than a
commercial |
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| purpose to persons of the same religion, or from giving
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| preference to such persons, unless membership in such religion |
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| is
restricted on account of race, color, or national origin.
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| (F) Sex. Restricting the rental of rooms in a housing |
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| accommodation to
persons of one sex.
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| (G) Persons Convicted of Drug-Related Offenses.
Conduct |
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| against a person because such person has been convicted by
any |
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| court of competent jurisdiction of the illegal manufacture or
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| distribution of a controlled substance as defined in Section |
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| 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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| (H) Persons engaged in the business of furnishing |
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| appraisals of real
property from taking into consideration |
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| factors other than those based on
unlawful discrimination or |
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| familial status in furnishing appraisals.
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| (H-1) The owner of an owner-occupied residential building |
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| with 5 or
fewer units (including the unit in which the owner |
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| resides) from making
decisions regarding whether to rent to a |
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| person based upon that person's
sexual orientation.
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| (I) Housing for Older Persons. No provision in this Article |
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| regarding
familial status shall apply with respect to housing |
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| for older persons.
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| (1) As used in this Section, "housing for older |
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| persons" means housing:
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| (a) provided under any State or Federal program |
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| that the Department
determines is specifically |
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| designed and operated to assist elderly persons
(as |
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| defined in the State or Federal program); or
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| (b) intended for, and solely occupied by, persons |
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| 62 years of age or
older;
or
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| (c) intended and operated for occupancy by persons |
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| 55 years of age or
older and:
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| (i) at least 80% of the occupied units are |
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| occupied by at
least one person who is 55 years of |
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| age or older;
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| (ii) the housing facility or community |
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| publishes and adheres to
policies and procedures
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| that demonstrate the intent required under this
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| subdivision (c); and
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| (iii) the housing facility or community |
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| complies with rules adopted by
the
Department for |
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| verification of occupancy, which shall:
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| (aa) provide for verification by reliable |
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| surveys and affidavits;
and
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| (bb) include examples of the types of |
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| policies and procedures
relevant to
a |
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| determination of compliance with the |
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| requirement of clause (ii).
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| These surveys and affidavits shall be admissible in |
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| administrative and
judicial proceedings for the purposes of |
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| such verification.
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| (2) Housing shall not fail to meet the requirements for |
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| housing for
older persons by reason of:
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| (a) persons residing in such housing as of the |
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| effective date of this
amendatory Act of 1989 who do |
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| not meet the age requirements of subsections
(1)(b) or |
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| (c); provided, that new occupants of such housing meet |
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| the age
requirements of
subsections (1)(b) or (c) of |
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| this subsection; or
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| (b) unoccupied units; provided, that such units |
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| are reserved for
occupancy by persons who meet the age |
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| requirements of subsections (1)(b)
or (c) of this |
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| subsection.
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| (3) (a) A person shall not be held personally liable |
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| for monetary damages
for a violation of this Article if |
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| the person reasonably relied, in good
faith, on the |
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| application of the exemption under this subsection (I) |
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| relating
to housing for older persons.
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| (b) For the purposes of this item (3), a person may |
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| show good faith
reliance on the application of the |
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| exemption only by showing that:
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| (i) the person has no actual knowledge that the |
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| facility or community
is
not, or will not be, |
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| eligible for the exemption; and
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| (ii) the facility or community has stated |
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| formally, in writing, that
the
facility or |
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| community complies with the requirements for the |
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| exemption.
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| (Source: P.A. 89-520, eff. 7-18-96.)
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