Full Text of SB1331 100th General Assembly
SB1331 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1331 Introduced 2/9/2017, by Sen. Melinda Bush 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 5/3-102 | from Ch. 68, par. 3-102 |
775 ILCS 5/3-103 | from Ch. 68, par. 3-103 | 775 ILCS 5/3-106 | from Ch. 68, par. 3-106 |
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Amends the Illinois Human Rights Act. Changes the Section concerning the declaration of policy to include preventing discrimination based on source of income. Provides that "source of income" means the source of any lawful income or any lawful rent payment that can be verified as to its amount, length of time received, regularity, or receipt, including any subsidy authorized under Section 8 of the United States Housing Act of 1937 and any other local, State, or federal subsidy or benefit. Provides that it
is a civil rights violation for an owner or any other person engaging in
a real estate transaction, or a real estate broker or salesman,
to engage in specified behaviors because of source of income. Provides that specified provisions of the Act do not prohibit persons engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than those based on, among other factors,
source of income in furnishing appraisals.
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| | 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, 3-102, 3-103, and 3-106 as | 6 | | follows: | 7 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 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, order of | 14 | | 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 |
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| 1 | | Status-Employment.
To prevent discrimination based on | 2 | | citizenship status in employment.
| 3 | | (D) Freedom from Discrimination Based on Familial Status or | 4 | | Source of Income -Real Estate
Transactions. To prevent | 5 | | discrimination based on familial status or source of income in | 6 | | real
estate transactions.
| 7 | | (E) Public Health, Welfare and Safety. To promote the | 8 | | public health,
welfare and safety by protecting the interest of | 9 | | all people in Illinois
in maintaining personal dignity, in | 10 | | realizing their full productive
capacities, and in furthering | 11 | | their interests, rights and privileges as
citizens of this | 12 | | State.
| 13 | | (F) Implementation of Constitutional Guarantees. To secure | 14 | | and
guarantee the rights established by Sections 17, 18 and 19 | 15 | | of Article I
of the Illinois Constitution of 1970.
| 16 | | (G) Equal Opportunity, Affirmative Action. To establish | 17 | | Equal
Opportunity and Affirmative Action as the policies of | 18 | | this State in all
of its decisions, programs and activities, | 19 | | and to assure that all State
departments, boards, commissions | 20 | | and instrumentalities rigorously take
affirmative action to | 21 | | provide equality of opportunity and eliminate the
effects of | 22 | | past discrimination in the internal affairs of State
government | 23 | | and in their relations with the public.
| 24 | | (H) Unfounded Charges. To protect citizens of this State | 25 | | against
unfounded charges of unlawful discrimination, sexual | 26 | | harassment in
employment and sexual harassment in elementary, |
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| 1 | | secondary, and higher education, and discrimination
based on | 2 | | citizenship status in employment.
| 3 | | (Source: P.A. 98-1050, eff. 1-1-15 .)
| 4 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 5 | | Sec. 1-103. General Definitions. When used in this Act, | 6 | | unless the
context requires otherwise, the term:
| 7 | | (A) Age. "Age" means the chronological age of a person who | 8 | | is at least
40 years old, except with regard to any practice | 9 | | described in Section
2-102, insofar as that practice concerns | 10 | | training or apprenticeship
programs. In the case of training or | 11 | | apprenticeship programs, for the
purposes of Section 2-102, | 12 | | "age" means the chronological age of a person
who is 18 but not | 13 | | yet 40 years old.
| 14 | | (B) Aggrieved Party. "Aggrieved party" means a person who | 15 | | is alleged
or proved to have been injured by a civil rights | 16 | | violation or believes he
or she will be injured by a civil | 17 | | rights violation under Article 3 that is
about to occur.
| 18 | | (C) Charge. "Charge" means an allegation filed with the | 19 | | Department
by an aggrieved party or initiated by the Department | 20 | | under its
authority.
| 21 | | (D) Civil Rights Violation. "Civil rights violation" | 22 | | includes and
shall be limited to only those specific acts set | 23 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 24 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 25 | | 6-101, and 6-102 of this Act.
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| 1 | | (E) Commission. "Commission" means the Human Rights | 2 | | Commission
created by this Act.
| 3 | | (F) Complaint. "Complaint" means the formal pleading filed | 4 | | by
the Department with the Commission following an | 5 | | investigation and
finding of substantial evidence of a civil | 6 | | rights violation.
| 7 | | (G) Complainant. "Complainant" means a person including | 8 | | the
Department who files a charge of civil rights violation | 9 | | with the Department or
the Commission.
| 10 | | (H) Department. "Department" means the Department of Human | 11 | | Rights
created by this Act.
| 12 | | (I) Disability. "Disability" means a determinable physical | 13 | | or mental
characteristic of a person, including, but not | 14 | | limited to, a determinable
physical characteristic which | 15 | | necessitates the person's use of a guide,
hearing or support | 16 | | dog, the history of such characteristic, or the
perception of | 17 | | such characteristic by the person complained against, which
may | 18 | | result from disease, injury, congenital condition of birth or
| 19 | | functional disorder and which characteristic:
| 20 | | (1) For purposes of Article 2 is unrelated to the | 21 | | person's ability
to perform the duties of a particular job | 22 | | or position and, pursuant to
Section 2-104 of this Act, a | 23 | | person's illegal use of drugs or alcohol is not a
| 24 | | disability;
| 25 | | (2) For purposes of Article 3, is unrelated to the | 26 | | person's ability
to acquire, rent or maintain a housing |
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| 1 | | accommodation;
| 2 | | (3) For purposes of Article 4, is unrelated to a | 3 | | person's ability to
repay;
| 4 | | (4) For purposes of Article 5, is unrelated to a | 5 | | person's ability to
utilize and benefit from a place of | 6 | | public accommodation;
| 7 | | (5) For purposes of Article 5, also includes any | 8 | | mental, psychological, or developmental disability, | 9 | | including autism spectrum disorders. | 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 or status as a veteran of the armed | 14 | | forces of the United States, status as a current member or | 15 | | veteran of any
reserve component of the armed forces of the | 16 | | United States, including the United
States Army Reserve, United | 17 | | States Marine Corps Reserve, United States Navy
Reserve, United | 18 | | States Air Force Reserve, and United States Coast Guard
| 19 | | Reserve, or status as a current member or veteran of the | 20 | | Illinois Army National Guard or Illinois Air National
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 | | (K-5) "Order of protection status" means a person's status | 24 | | as being a person protected under an order of protection issued | 25 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 26 | | order of protection issued by a court of another state. |
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| 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 subdivisions | 13 | | or any municipal corporation is a
party.
| 14 | | (N) Religion. "Religion" includes all aspects of religious | 15 | | observance
and practice, as well as belief, except that with | 16 | | respect to employers, for
the purposes of Article 2, "religion" | 17 | | has the meaning ascribed to it in
paragraph (F) of Section | 18 | | 2-101.
| 19 | | (O) Sex. "Sex" means the status of being male or female.
| 20 | | (O-1) Sexual orientation. "Sexual orientation" means | 21 | | actual or
perceived heterosexuality, homosexuality, | 22 | | bisexuality, or gender-related identity,
whether or not | 23 | | traditionally associated with the person's designated sex at
| 24 | | birth. "Sexual orientation" does not include a physical or | 25 | | sexual attraction to a minor by an adult. | 26 | | (O-5) Source of Income. "Source of income" means the source |
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| 1 | | of any lawful income or any lawful rent payment that can be | 2 | | verified as to its amount, length of time received, regularity, | 3 | | or receipt, including any subsidy authorized under Section 8 of | 4 | | the United States Housing Act of 1937 and any other local, | 5 | | State, or federal subsidy or benefit.
| 6 | | (P) Unfavorable Military Discharge. "Unfavorable military | 7 | | discharge"
includes discharges from the Armed Forces of the | 8 | | United States, their
Reserve components or any National Guard | 9 | | or Naval Militia which are
classified as RE-3 or the equivalent | 10 | | thereof, but does not include those
characterized as RE-4 or | 11 | | "Dishonorable".
| 12 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 13 | | means discrimination
against a person because of his or her | 14 | | race, color, religion, national origin,
ancestry, age, sex, | 15 | | marital status, order of protection status, disability, | 16 | | military status, sexual
orientation, pregnancy,
or unfavorable
| 17 | | discharge from military service as those terms are defined in | 18 | | this Section.
| 19 | | (Source: P.A. 97-410, eff. 1-1-12; 97-813, eff. 7-13-12; | 20 | | 98-1050, eff. 1-1-15 .)
| 21 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 22 | | Sec. 3-102. Civil rights violations; real estate | 23 | | transactions. It
is a civil rights violation for an owner or | 24 | | any other person engaging in
a real estate transaction, or for | 25 | | a real estate broker or salesman,
because of unlawful |
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| 1 | | discrimination or familial status or source of income , to
| 2 | | (A) Transaction. Refuse to engage in a real estate | 3 | | transaction with
a person or to discriminate in making | 4 | | available such a transaction;
| 5 | | (B) Terms. Alter the terms, conditions or privileges of | 6 | | a real
estate transaction or in the furnishing of | 7 | | facilities or services in
connection therewith;
| 8 | | (C) Offer. Refuse to receive or to fail to transmit a | 9 | | bona fide
offer to engage in a real estate transaction from | 10 | | a person;
| 11 | | (D) Negotiation. Refuse to negotiate for a real estate | 12 | | transaction
with a person;
| 13 | | (E) Representations. Represent to a person that real | 14 | | property is
not available for inspection, sale, rental, or | 15 | | lease when in fact it is
so available, or to fail to bring | 16 | | a property listing to his or her
attention, or to refuse to | 17 | | permit him or her to inspect real property;
| 18 | | (F) Publication of Intent. Make, print, circulate, | 19 | | post, mail, publish or cause to be made, printed, | 20 | | circulated, posted, mailed, or published any notice, | 21 | | statement, advertisement or sign, or use a form of | 22 | | application for a real estate transaction, or make a record | 23 | | or inquiry in connection with a prospective real estate | 24 | | transaction, that indicates any preference, limitation, or | 25 | | discrimination based on unlawful discrimination or | 26 | | unlawful discrimination based on familial status or source |
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| 1 | | of income , or an intention to make any such preference, | 2 | | 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 or source of income in a real estate
transaction is | 7 | | intended.
| 8 | | (Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
| 9 | | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| 10 | | Sec. 3-103. Blockbusting. It is a civil rights violation | 11 | | for any
person to:
| 12 | | (A) Solicitation. Solicit for sale, lease, listing or | 13 | | purchase any
residential real estate within this State, on the | 14 | | grounds of loss of
value due to the present or prospective | 15 | | entry into the vicinity of the
property involved of any person | 16 | | or persons of any particular race,
color, religion, national | 17 | | origin, ancestry, age, sex, sexual orientation,
marital | 18 | | status,
familial status , source of income, or
disability.
| 19 | | (B) Statements. Distribute or cause to be distributed, | 20 | | written
material or statements designed to induce any owner of | 21 | | residential real
estate in this State to sell or lease his or | 22 | | her property because of any
present or prospective changes in | 23 | | the race, color, religion, national
origin, ancestry, age, sex, | 24 | | sexual orientation, marital status, familial
status , source of | 25 | | income, or disability
of residents in
the vicinity of the |
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| 1 | | property involved.
| 2 | | (C) Creating Alarm. Intentionally create alarm, among | 3 | | residents of
any community, by transmitting communications in | 4 | | any manner, including
a telephone call
whether or not | 5 | | conversation thereby ensues, with a design to induce any
owner | 6 | | of residential real estate in this state to sell or lease his | 7 | | or
her property because of any present or prospective entry | 8 | | into the
vicinity of the property involved of any person or | 9 | | persons of any
particular race, color, religion, national | 10 | | origin, ancestry, age, sex, sexual
orientation, marital
| 11 | | status, familial status , source of income, or disability.
| 12 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 13 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 14 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 15 | | shall
prohibit:
| 16 | | (A) Private Sales of Single Family Homes. | 17 | | (1) Any sale of a single
family home by its owner so | 18 | | long as the following criteria are met:
| 19 | | (a) The owner does not own or have a beneficial | 20 | | interest in more
than three single family homes at the | 21 | | time of the sale;
| 22 | | (b) The owner or a member of his or her family was | 23 | | the last current
resident of the home;
| 24 | | (c) The home is sold without the use in any manner | 25 | | of the sales or
rental facilities or services of any |
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| 1 | | real estate broker or salesman, or
of any employee or | 2 | | agent of any real estate broker or salesman;
| 3 | | (d) The home is sold without the publication, | 4 | | posting or mailing,
after notice, of any advertisement | 5 | | or written notice in violation of
paragraph (F) of | 6 | | Section 3-102.
| 7 | | (2) This exemption does not apply to paragraph (F) of | 8 | | Section 3-102.
| 9 | | (B) Apartments. Rental of a housing accommodation in a | 10 | | building
which contains housing accommodations for not more | 11 | | than 4 families
living independently of each other, if the | 12 | | owner resides in one of the housing accommodations.
This | 13 | | exemption does not apply to paragraph (F) of Section 3-102.
| 14 | | (C) Private Rooms. Rental of a room or rooms in a private | 15 | | home by
an owner if he or she or a member of his or her family | 16 | | resides therein or,
while absent for a period of not more than | 17 | | twelve months, if he or she or a
member of his or her family | 18 | | intends to return to reside therein.
| 19 | | (D) Reasonable local, State, or Federal restrictions
| 20 | | regarding the maximum number of occupants permitted to occupy a | 21 | | dwelling.
| 22 | | (E) Religious Organizations. A religious organization, | 23 | | association,
or society, or any nonprofit institution or | 24 | | organization operated,
supervised or controlled by or in | 25 | | conjunction with a religious
organization, association, or | 26 | | society, from limiting the sale, rental or
occupancy of a |
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| 1 | | dwelling which it owns or operates for other than a
commercial | 2 | | purpose to persons of the same religion, or from giving
| 3 | | preference to such persons, unless membership in such religion | 4 | | is
restricted on account of race, color, or national origin.
| 5 | | (F) Sex. Restricting the rental of rooms in a housing | 6 | | accommodation to
persons of one sex.
| 7 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct | 8 | | against a person because such person has been convicted by
any | 9 | | court of competent jurisdiction of the illegal manufacture or
| 10 | | distribution of a controlled substance as defined in Section | 11 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 12 | | (H) Persons engaged in the business of furnishing | 13 | | appraisals of real
property from taking into consideration | 14 | | factors other than those based on
unlawful discrimination or | 15 | | familial status or source of income in furnishing appraisals.
| 16 | | (H-1) The owner of an owner-occupied residential building | 17 | | with 4 or
fewer units (including the unit in which the owner | 18 | | resides) from making
decisions regarding whether to rent to a | 19 | | person based upon that person's
sexual orientation.
| 20 | | (I) Housing for Older Persons. No provision in this Article | 21 | | regarding
familial status shall apply with respect to housing | 22 | | for older persons.
| 23 | | (1) As used in this Section, "housing for older | 24 | | persons" means housing:
| 25 | | (a) provided under any State or Federal program | 26 | | that the Department
determines is specifically |
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| 1 | | designed and operated to assist elderly persons
(as | 2 | | defined in the State or Federal program); or
| 3 | | (b) intended for, and solely occupied by, persons | 4 | | 62 years of age or
older;
or
| 5 | | (c) intended and operated for occupancy by persons | 6 | | 55 years of age or
older and:
| 7 | | (i) at least 80% of the occupied units are | 8 | | occupied by at
least one person who is 55 years of | 9 | | age or older;
| 10 | | (ii) the housing facility or community | 11 | | publishes and adheres to
policies and procedures
| 12 | | that demonstrate the intent required under this
| 13 | | subdivision (c); and
| 14 | | (iii) the housing facility or community | 15 | | complies with rules adopted by
the
Department for | 16 | | verification of occupancy, which shall:
| 17 | | (aa) provide for verification by reliable | 18 | | surveys and affidavits;
and
| 19 | | (bb) include examples of the types of | 20 | | policies and procedures
relevant to
a | 21 | | determination of compliance with the | 22 | | requirement of clause (ii).
| 23 | | These surveys and affidavits shall be admissible in | 24 | | administrative and
judicial proceedings for the purposes | 25 | | of such verification.
| 26 | | (2) Housing shall not fail to meet the requirements for |
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| 1 | | housing for
older persons by reason of:
| 2 | | (a) persons residing in such housing as of the | 3 | | effective date of this
amendatory Act of 1989 who do | 4 | | not meet the age requirements of subsections
(1)(b) or | 5 | | (c); provided, that new occupants of such housing meet | 6 | | the age
requirements of
subsections (1)(b) or (c) of | 7 | | this subsection; or
| 8 | | (b) unoccupied units; provided, that such units | 9 | | are reserved for
occupancy by persons who meet the age | 10 | | requirements of subsections (1)(b)
or (c) of this | 11 | | subsection.
| 12 | | (3) (a) A person shall not be held personally liable | 13 | | for monetary damages
for a violation of this Article if | 14 | | the person reasonably relied, in good
faith, on the | 15 | | application of the exemption under this subsection (I) | 16 | | relating
to housing for older persons.
| 17 | | (b) For the purposes of this item (3), a person may | 18 | | show good faith
reliance on the application of the | 19 | | exemption only by showing that:
| 20 | | (i) the person has no actual knowledge that the | 21 | | facility or community
is
not, or will not be, | 22 | | eligible for the exemption; and
| 23 | | (ii) the facility or community has stated | 24 | | formally, in writing, that
the
facility or | 25 | | community complies with the requirements for the | 26 | | exemption.
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| 1 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 2 | | sex offender who owns and resides at residential real estate to | 3 | | rent any residential unit within the same building in which he | 4 | | or she resides to a person who is the parent or guardian of a | 5 | | child or children under 18 years of age. | 6 | | (Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
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