Full Text of HB0926 101st General Assembly
HB0926 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0926 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/3-101 | from Ch. 68, par. 3-101 | 775 ILCS 5/3-102 | from Ch. 68, par. 3-102 |
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Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction because of, among other things, source of income, to: refuse to engage in a real estate transaction or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction; refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction; represent to a person that real property is not available for inspection, sale, rental, or lease when it is available, or fail to bring a property listing to his or her attention, or refuse to permit him or her to inspect real property; make, print, circulate, post, mail, publish, or cause to be made, printed, circulated, posted, mailed, or published, any notice, statement, advertisement, or sign that indicates any preference, limitation, or discrimination based on unlawful discrimination based on source of income, or an intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination on the basis of source of income in a real estate transaction is intended. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents.
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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 3-101 and 3-102 as follows:
| 6 | | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
| 7 | | Sec. 3-101. Definitions. The following definitions are | 8 | | applicable strictly
in the context of this Article:
| 9 | | (A) Real Property. "Real property" includes buildings, | 10 | | structures, real
estate, lands, tenements, leaseholds, | 11 | | interests in real estate cooperatives,
condominiums, and | 12 | | hereditaments, corporeal and incorporeal, or any interest
| 13 | | therein.
| 14 | | (B) Real Estate Transaction. "Real estate transaction" | 15 | | includes the
sale, exchange, rental or lease of real property. | 16 | | "Real estate
transaction" also includes the brokering or | 17 | | appraising of residential real
property and the making or | 18 | | purchasing of loans or providing other financial assistance:
| 19 | | (1) for purchasing, constructing, improving, repairing or | 20 | | maintaining a dwelling; or
| 21 | | (2) secured by residential real estate.
| 22 | | (C) Housing Accommodations. "Housing accommodation" | 23 | | includes any improved
or unimproved real property, or part |
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| 1 | | thereof, which is used or occupied,
or is intended, arranged or | 2 | | designed to be used or occupied, as the home
or residence of | 3 | | one or more individuals.
| 4 | | (D) Real Estate Broker or Salesman. "Real estate broker or | 5 | | salesman"
means a person, whether licensed or not, who, for or | 6 | | with the expectation
of receiving a consideration, lists, | 7 | | sells, purchases, exchanges, rents,
or leases real property, or | 8 | | who negotiates or attempts to negotiate any
of these | 9 | | activities, or who holds himself or herself out as engaged in | 10 | | these.
| 11 | | (E) Familial Status. "Familial status" means one or more | 12 | | individuals
(who have not attained the age of 18 years) being | 13 | | domiciled with:
| 14 | | (1) a parent or person having legal custody of such | 15 | | individual or individuals; or
| 16 | | (2) the designee of such parent or other person having such | 17 | | custody,
with the written permission of such parent or
other | 18 | | person.
| 19 | | The protections afforded by this Article against | 20 | | discrimination on the
basis of familial status apply to any | 21 | | person who is pregnant or is in the
process of securing legal | 22 | | custody of any individual who has not attained
the age of 18 | 23 | | years.
| 24 | | (F) Conciliation. "Conciliation" means the attempted | 25 | | resolution of
issues raised by a charge, or by the | 26 | | investigation of
such charge, through informal negotiations |
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| 1 | | involving the
aggrieved party, the respondent and the | 2 | | Department.
| 3 | | (G) Conciliation Agreement. "Conciliation agreement" means | 4 | | a written
agreement setting forth the resolution of the issues | 5 | | in conciliation.
| 6 | | (H) Covered Multifamily Dwellings. As used in Section | 7 | | 3-102.1, "covered
multifamily dwellings" means:
| 8 | | (1) buildings consisting of 4 or more units if such | 9 | | buildings have one
or more elevators; and
| 10 | | (2) ground floor units in other buildings consisting of 4 | 11 | | or more units.
| 12 | | (I) Source of Income. "Source of income" means the lawful | 13 | | manner by which an individual supports himself or herself and | 14 | | his or her dependents. | 15 | | (Source: P.A. 86-820; 86-910; 86-1028.)
| 16 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 17 | | Sec. 3-102. Civil rights violations; real estate | 18 | | transactions. It
is a civil rights violation for an owner or | 19 | | any other person engaging in
a real estate transaction, or for | 20 | | a real estate broker or salesman,
because of unlawful | 21 | | discrimination , source of income, or familial status, to
| 22 | | (A) Transaction. Refuse to engage in a real estate | 23 | | transaction with
a person or to discriminate in making | 24 | | available such a transaction;
| 25 | | (B) Terms. Alter the terms, conditions or privileges of |
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| 1 | | a real
estate transaction or in the furnishing of | 2 | | facilities or services in
connection therewith;
| 3 | | (C) Offer. Refuse to receive or to fail to transmit a | 4 | | bona fide
offer to engage in a real estate transaction from | 5 | | a person;
| 6 | | (D) Negotiation. Refuse to negotiate for a real estate | 7 | | transaction
with a person;
| 8 | | (E) Representations. Represent to a person that real | 9 | | property is
not available for inspection, sale, rental, or | 10 | | lease when in fact it is
so available, or to fail to bring | 11 | | a property listing to his or her
attention, or to refuse to | 12 | | permit him or her to inspect real property;
| 13 | | (F) Publication of Intent. Make, print, circulate, | 14 | | post, mail, publish or cause to be made, printed, | 15 | | circulated, posted, mailed, or published any notice, | 16 | | statement, advertisement or sign, or use a form of | 17 | | application for a real estate transaction, or make a record | 18 | | or inquiry in connection with a prospective real estate | 19 | | transaction, that indicates any preference, limitation, or | 20 | | discrimination based on unlawful discrimination , unlawful | 21 | | discrimination based on source of income, or unlawful | 22 | | discrimination based on familial status, or an intention to | 23 | | make any such preference, limitation, or discrimination;
| 24 | | (G) Listings. Offer, solicit, accept, use or retain a | 25 | | listing of
real property with knowledge that unlawful | 26 | | discrimination , unlawful discrimination on the basis of |
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| 1 | | source of income, or
discrimination on the basis of | 2 | | familial status in a real estate
transaction is intended.
| 3 | | (Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
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