Full Text of HB2775 102nd General Assembly
HB2775eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning housing.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Homelessness Prevention Act is amended by | 5 | | changing Sections 4 and 10 as follows:
| 6 | | (310 ILCS 70/4) (from Ch. 67 1/2, par. 1304)
| 7 | | Sec. 4. Homelessness Prevention and Assistance Program.
| 8 | | (a) The Department shall establish a family homelessness | 9 | | prevention and
assistance program to stabilize families in | 10 | | their existing homes, to shorten
the
amount of time that | 11 | | families stay in emergency shelters, and to assist families
| 12 | | with securing affordable transitional or permanent housing.
| 13 | | The Department shall make grants, from funds
appropriated to | 14 | | it, to develop and
implement homelessness prevention and | 15 | | assistance projects under this Act.
| 16 | | (b) Grants may be made from funds
appropriated for the | 17 | | purposes of this Act and from any
federal funds or
funds from | 18 | | other sources which are made available for the purposes of | 19 | | this
Act. Grants shall be made under this Act only to the
| 20 | | extent that
funds are available. | 21 | | (c) The Department shall be mindful of preventing undue | 22 | | administrative burden in the application process for | 23 | | individual tenants applying for assistance authorized under |
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| 1 | | this Act.
| 2 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 3 | | (310 ILCS 70/10) (from Ch. 67 1/2, par. 1310)
| 4 | | Sec. 10.
(a) Program staff shall, whenever practicable, | 5 | | negotiate
with the landlord of a household approved for | 6 | | assistance under the program
to enable the household to remain | 7 | | in its current housing.
| 8 | | (b) Program staff shall, when there has been a loss of | 9 | | public benefits
to the household, take all practicable steps | 10 | | to assist in the restoration
of the household's public | 11 | | benefits.
| 12 | | (c) Program staff shall identify, and assist households in | 13 | | applying for,
any form of public benefits or entitlements for | 14 | | which the household may be eligible.
| 15 | | (d) Program staff shall, after the end of each State | 16 | | fiscal year and as determined by the Department of Human | 17 | | Services, determine whether the household has
remained in the | 18 | | residence in which they were residing at the time assistance
| 19 | | was provided, and determine whether the living situation of | 20 | | the household is stable. | 21 | | (e) Program staff, to the extent practicable, shall | 22 | | endeavor to lessen any administrative burden on landlords | 23 | | receiving assistance payments under this Act.
| 24 | | (Source: P.A. 96-291, eff. 8-11-09.)
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| 1 | | Section 10. The Code of Civil Procedure is amended by | 2 | | adding Section 9-106.4 as follows: | 3 | | (735 ILCS 5/9-106.4 new) | 4 | | Sec. 9-106.4. Affirmative defense regarding emergency | 5 | | housing assistance. | 6 | | (a) The General Assembly hereby finds that: | 7 | | (1) Homelessness frequently results from a temporary | 8 | | economic crisis such as a temporary loss of employment, | 9 | | medical emergency, or loss or interruption of public | 10 | | benefits. | 11 | | (2) The prevention of homelessness, as opposed to | 12 | | providing temporary shelter or offering other short-term | 13 | | solutions to persons who become homeless, is | 14 | | cost-effective, preserves family self-respect, and helps | 15 | | to keep families intact. | 16 | | (3) Short-term interventions for the prevention of | 17 | | homelessness serve to prevent the need for long-term | 18 | | assistance programs that are costlier to taxpayers. | 19 | | (4) The cost-effectiveness and other goals of | 20 | | homelessness prevention programs are undercut when the | 21 | | State, its federal or municipal governmental partners, or | 22 | | private charitable funders appropriate funds for | 23 | | homelessness prevention programs, but owners of private | 24 | | property refuse to engage in de minimus paperwork or | 25 | | bookkeeping tasks to process funding applications; |
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| 1 | | thereby, homelessness is not prevented and family | 2 | | stability is not secured. | 3 | | (5) State governmental programs shall be mindful of | 4 | | undue paperwork requirements in administering such funds | 5 | | and shall encourage governmental and private charitable | 6 | | partners to be likewise mindful. | 7 | | (b) An affirmative defense applies to any action | 8 | | maintained under this Article in which the plaintiff has made | 9 | | a demand for possession that is based on unpaid rent | 10 | | regardless of whether the owner or the agent of the owner has | 11 | | joined in the action a claim for rent pursuant to Section | 12 | | 9-201. | 13 | | (c) A defendant may assert an affirmative defense if the | 14 | | defendant, a social services agency, or a government agency | 15 | | offered the owner or its agent an application for emergency | 16 | | housing assistance and the owner or the agent of the owner | 17 | | refused to complete the process to obtain the emergency | 18 | | housing assistance and the defendant would have been eligible | 19 | | for the emergency housing assistance program. | 20 | | (d) The owner or the agent of the owner may overcome this | 21 | | affirmative defense only if the court makes a finding that the | 22 | | application for emergency housing assistance would impose a | 23 | | significant administrative burden on the owner or the agent of | 24 | | the owner. It is not a significant administrative burden for | 25 | | the owner or the agent of the owner to: | 26 | | (1) submit a social security number or taxpayer ID |
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| 1 | | number; | 2 | | (2) complete an Internal Revenue Service form W-9; | 3 | | (3) submit a voided bank account check or deposit | 4 | | slip; | 5 | | (4) submit a bank account number for the purposes of | 6 | | direct deposit; | 7 | | (5) submit proof of ownership; | 8 | | (6) submit proof of payment of property taxes; | 9 | | (7) allow the agency to inspect the premises to | 10 | | determine that the property meets the prevailing building | 11 | | code requirements; or | 12 | | (8) agree to discontinue termination of tenancy | 13 | | proceedings if the tenant and the agency offer to tender | 14 | | the full amount of past due rent. | 15 | | (e) For purposes of this Section, "emergency housing | 16 | | assistance" means monetary grants made to tenants or landlords | 17 | | through the Homelessness Prevention Act for the purposes of | 18 | | rent payments or monetary grants by any similar program | 19 | | administered by federal, State, township, or municipal | 20 | | governments or private charitable funders. | 21 | | Section 15. The Illinois Human Rights Act is amended by | 22 | | changing Sections 1-102, 1-103, 3-102, 3-103, 3-106, and | 23 | | 8B-104 and by adding Section 3-102.2 as follows: | 24 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) |
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| 1 | | Sec. 1-102. Declaration of Policy. It is the public | 2 | | policy of this State:
| 3 | | (A) Freedom from Unlawful Discrimination. To secure for | 4 | | all individuals
within Illinois the freedom from | 5 | | discrimination against any individual because
of his or her | 6 | | race, color, religion, sex, national origin, ancestry, age, | 7 | | order of protection status,
marital status, physical or mental | 8 | | disability, military
status, sexual orientation, pregnancy, or | 9 | | unfavorable
discharge from military service in connection with | 10 | | employment, real estate
transactions, access to financial | 11 | | credit, and the availability of public
accommodations.
| 12 | | (B) Freedom from Sexual Harassment-Employment and | 13 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 14 | | harassment in employment and sexual harassment in
elementary, | 15 | | secondary, and higher education.
| 16 | | (C) Freedom from Discrimination Based on Citizenship | 17 | | Status-Employment.
To prevent discrimination based on | 18 | | citizenship status in employment.
| 19 | | (D) Freedom from Discrimination Based on Familial Status | 20 | | or Source of Income -Real Estate
Transactions. To prevent | 21 | | discrimination based on familial status or source of income in | 22 | | real
estate transactions.
| 23 | | (E) Public Health, Welfare and Safety. To promote the | 24 | | public health,
welfare and safety by protecting the interest | 25 | | of all people in Illinois
in maintaining personal dignity, in | 26 | | realizing their full productive
capacities, and in furthering |
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| 1 | | their interests, rights and privileges as
citizens of this | 2 | | State.
| 3 | | (F) Implementation of Constitutional Guarantees. To secure | 4 | | and
guarantee the rights established by Sections 17, 18 and 19 | 5 | | of Article I
of the Illinois Constitution of 1970.
| 6 | | (G) Equal Opportunity, Affirmative Action. To establish | 7 | | Equal
Opportunity and Affirmative Action as the policies of | 8 | | this State in all
of its decisions, programs and activities, | 9 | | and to assure that all State
departments, boards, commissions | 10 | | and instrumentalities rigorously take
affirmative action to | 11 | | provide equality of opportunity and eliminate the
effects of | 12 | | past discrimination in the internal affairs of State
| 13 | | government and in their relations with the public.
| 14 | | (H) Unfounded Charges. To protect citizens of this State | 15 | | against
unfounded charges of unlawful discrimination, sexual | 16 | | harassment in
employment and sexual harassment in elementary, | 17 | | secondary, and higher education, and discrimination
based on | 18 | | citizenship status in employment.
| 19 | | (Source: P.A. 98-1050, eff. 1-1-15 .)
| 20 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 21 | | Sec. 1-103. General definitions. When used in this Act, | 22 | | unless the
context requires otherwise, the term:
| 23 | | (A) Age. "Age" means the chronological age of a person who | 24 | | is at least
40 years old, except with regard to any practice | 25 | | described in Section
2-102, insofar as that practice concerns |
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| 1 | | training or apprenticeship
programs. In the case of training | 2 | | or apprenticeship programs, for the
purposes of Section 2-102, | 3 | | "age" means the chronological age of a person
who is 18 but not | 4 | | yet 40 years old.
| 5 | | (B) Aggrieved party. "Aggrieved party" means a person who | 6 | | is alleged
or proved to have been injured by a civil rights | 7 | | violation or believes he
or she will be injured by a civil | 8 | | rights violation under Article 3 that is
about to occur.
| 9 | | (B-5) Arrest record. "Arrest record" means: | 10 | | (1) an arrest not leading to a conviction; | 11 | | (2) a juvenile record; or | 12 | | (3) criminal history record information ordered | 13 | | expunged, sealed, or impounded under Section 5.2 of the | 14 | | Criminal Identification Act. | 15 | | (C) Charge. "Charge" means an allegation filed with the | 16 | | Department
by an aggrieved party or initiated by the | 17 | | Department under its
authority.
| 18 | | (D) Civil rights violation. "Civil rights violation" | 19 | | includes and
shall be limited to only those specific acts set | 20 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 21 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 22 | | 6-101, and 6-102 of this Act.
| 23 | | (E) Commission. "Commission" means the Human Rights | 24 | | Commission
created by this Act.
| 25 | | (F) Complaint. "Complaint" means the formal pleading filed | 26 | | by
the Department with the Commission following an |
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| 1 | | investigation and
finding of substantial evidence of a civil | 2 | | rights violation.
| 3 | | (G) Complainant. "Complainant" means a person including | 4 | | the
Department who files a charge of civil rights violation | 5 | | with the Department or
the Commission.
| 6 | | (H) Department. "Department" means the Department of Human | 7 | | Rights
created by this Act.
| 8 | | (I) Disability. "Disability" means a determinable physical | 9 | | or mental
characteristic of a person, including, but not | 10 | | limited to, a determinable
physical characteristic which | 11 | | necessitates the person's use of a guide,
hearing or support | 12 | | dog, the history of such characteristic, or the
perception of | 13 | | such characteristic by the person complained against, which
| 14 | | may result from disease, injury, congenital condition of birth | 15 | | or
functional disorder and which characteristic:
| 16 | | (1) For purposes of Article 2, is unrelated to the | 17 | | person's ability
to perform the duties of a particular job | 18 | | or position and, pursuant to
Section 2-104 of this Act, a | 19 | | person's illegal use of drugs or alcohol is not a
| 20 | | disability;
| 21 | | (2) For purposes of Article 3, is unrelated to the | 22 | | person's ability
to acquire, rent, or maintain a housing | 23 | | accommodation;
| 24 | | (3) For purposes of Article 4, is unrelated to a | 25 | | person's ability to
repay;
| 26 | | (4) For purposes of Article 5, is unrelated to a |
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| 1 | | person's ability to
utilize and benefit from a place of | 2 | | public accommodation;
| 3 | | (5) For purposes of Article 5, also includes any | 4 | | mental, psychological, or developmental disability, | 5 | | including autism spectrum disorders. | 6 | | (J) Marital status. "Marital status" means the legal | 7 | | status of being
married, single, separated, divorced, or | 8 | | widowed.
| 9 | | (J-1) Military status. "Military status" means a person's | 10 | | status on
active duty in or status as a veteran of the armed | 11 | | forces of the United States, status as a current member or | 12 | | veteran of any
reserve component of the armed forces of the | 13 | | United States, including the United
States Army Reserve, | 14 | | United States Marine Corps Reserve, United States Navy
| 15 | | Reserve, United States Air Force Reserve, and United States | 16 | | Coast Guard
Reserve, or status as a current member or veteran | 17 | | of the Illinois Army National Guard or Illinois Air National
| 18 | | Guard.
| 19 | | (K) National origin. "National origin" means the place in | 20 | | which a
person or one of his or her ancestors was born.
| 21 | | (K-5) "Order of protection status" means a person's status | 22 | | as being a person protected under an order of protection | 23 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 24 | | Article 112A of the Code of Criminal Procedure of 1963, the | 25 | | Stalking No Contact Order Act, or the Civil No Contact Order | 26 | | Act, or an order of protection issued by a court of another |
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| 1 | | state. | 2 | | (L) Person. "Person" includes one or more individuals, | 3 | | partnerships,
associations or organizations, labor | 4 | | organizations, labor unions, joint
apprenticeship committees, | 5 | | or union labor associations, corporations, the
State of | 6 | | Illinois and its instrumentalities, political subdivisions, | 7 | | units
of local government, legal representatives, trustees in | 8 | | bankruptcy
or receivers.
| 9 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 10 | | or medical or common conditions related to pregnancy or | 11 | | childbirth. | 12 | | (M) Public contract. "Public contract" includes every | 13 | | contract to which the
State, any of its political | 14 | | subdivisions, or any municipal corporation is a
party.
| 15 | | (N) Religion. "Religion" includes all aspects of religious | 16 | | observance
and practice, as well as belief, except that with | 17 | | respect to employers, for
the purposes of Article 2, | 18 | | "religion" has the meaning ascribed to it in
paragraph (F) of | 19 | | Section 2-101.
| 20 | | (O) Sex. "Sex" means the status of being male or female.
| 21 | | (O-1) Sexual orientation. "Sexual orientation" means | 22 | | actual or
perceived heterosexuality, homosexuality, | 23 | | bisexuality, or gender-related identity,
whether or not | 24 | | traditionally associated with the person's designated sex at
| 25 | | birth. "Sexual orientation" does not include a physical or | 26 | | sexual attraction to a minor by an adult.
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| 1 | | (O-5) Source of income. "Source of income" means lawful, | 2 | | verifiable income paid directly to a tenant, or to a | 3 | | representative of a tenant, or paid to a housing owner or | 4 | | landlord on behalf of a tenant, including federal, State, or | 5 | | local public or private assistance, and federal, State, or | 6 | | local housing subsidies, including, but not limited to, | 7 | | emergency housing assistance, social security, or federal | 8 | | housing assistance vouchers issued under Section 8 of the | 9 | | United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) and | 10 | | the federal Department of Housing and Urban Development | 11 | | Veterans Affairs Supportive Housing voucher. "Source of | 12 | | income" does not include income derived in a manner that is | 13 | | illegal in this State. | 14 | | (P) Unfavorable military discharge. "Unfavorable military | 15 | | discharge"
includes discharges from the Armed Forces of the | 16 | | United States, their
Reserve components, or any National Guard | 17 | | or Naval Militia which are
classified as RE-3 or the | 18 | | equivalent thereof, but does not include those
characterized | 19 | | as RE-4 or "Dishonorable".
| 20 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 21 | | means discrimination
against a person because of his or her | 22 | | actual or perceived: race, color, religion, national origin,
| 23 | | ancestry, age, sex, marital status, order of protection | 24 | | status, disability, military status, sexual
orientation, | 25 | | pregnancy,
or unfavorable
discharge from military service as | 26 | | those terms are defined in this Section.
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| 1 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 2 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 3 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 4 | | Sec. 3-102. Civil rights violations; real estate | 5 | | transactions. It
is a civil rights violation for an owner or | 6 | | any other person engaging in
a real estate transaction, or for | 7 | | a real estate broker or salesman,
because of unlawful | 8 | | discrimination, familial status, source of income, or an | 9 | | arrest record, as defined under subsection (B-5) of Section | 10 | | 1-103, to:
| 11 | | (A) Transaction. Refuse to engage in a real estate | 12 | | transaction with
a person or to discriminate in making | 13 | | available such a transaction;
| 14 | | (B) Terms. Alter the terms, conditions or privileges | 15 | | of a real
estate transaction or in the furnishing of | 16 | | facilities or services in
connection therewith;
| 17 | | (C) Offer. Refuse to receive or to fail to transmit a | 18 | | bona fide
offer to engage in a real estate transaction | 19 | | from a person;
| 20 | | (D) Negotiation. Refuse to negotiate for a real estate | 21 | | transaction
with a person;
| 22 | | (E) Representations. Represent to a person that real | 23 | | property is
not available for inspection, sale, rental, or | 24 | | lease when in fact it is
so available, or to fail to bring | 25 | | a property listing to his or her
attention, or to refuse to |
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| 1 | | permit him or her to inspect real property;
| 2 | | (F) Publication of Intent. Make, print, circulate, | 3 | | post, mail, publish or cause to be made, printed, | 4 | | circulated, posted, mailed, or published any notice, | 5 | | statement, advertisement or sign, or use a form of | 6 | | application for a real estate transaction, or make a | 7 | | record or inquiry in connection with a prospective real | 8 | | estate transaction, that indicates any preference, | 9 | | limitation, or discrimination based on unlawful | 10 | | discrimination or unlawful discrimination based on | 11 | | familial status , source of income, or an arrest record, or | 12 | | an intention to make any such preference, limitation, or | 13 | | discrimination;
| 14 | | (G) Listings. Offer, solicit, accept, use or retain a | 15 | | listing of
real property with knowledge that unlawful | 16 | | discrimination or
discrimination on the basis of familial | 17 | | status , source of income, or an arrest record in a real | 18 | | estate
transaction is intended.
| 19 | | (Source: P.A. 101-565, eff. 1-1-20 .)
| 20 | | (775 ILCS 5/3-102.2 new) | 21 | | Sec. 3-102.2. Calculation of income or assets. If a | 22 | | landlord requires that a prospective tenant or current tenant | 23 | | have a certain level of income, then the landlord shall | 24 | | subtract any source of income in the form of a rent voucher or | 25 | | subsidy from the total of the monthly rent prior to |
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| 1 | | calculating if the income criteria have been met. A landlord | 2 | | shall not apply an income or asset requirement to a tenant with | 3 | | a non-wage source of income that the landlord does not apply to | 4 | | all tenants. A landlord commits a civil rights violation if | 5 | | the landlord does not comply with the requirements of this | 6 | | Section. If an income or asset requirement serves to generally | 7 | | exclude participants in a housing or benefits program, a | 8 | | landlord who imposes such a requirement is presumed to have | 9 | | committed a civil rights violation within the meaning of this | 10 | | Act. | 11 | | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| 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, sexual orientation,
marital | 20 | | status,
familial status , source of income, or
disability.
| 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, |
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| 1 | | sex, sexual orientation, marital status, familial
| 2 | | status ,source of income, or disability
of residents in
the | 3 | | vicinity of the property involved.
| 4 | | (C) Creating Alarm. Intentionally create alarm, among | 5 | | residents of
any community, by transmitting communications in | 6 | | any manner, including
a telephone call
whether or not | 7 | | conversation thereby ensues, with a design to induce any
owner | 8 | | of residential real estate in this state to sell or lease his | 9 | | or
her property because of any present or prospective entry | 10 | | into the
vicinity of the property involved of any person or | 11 | | persons of any
particular race, color, religion, national | 12 | | origin, ancestry, age, sex, sexual
orientation, marital
| 13 | | status, familial status , source of income, or disability.
| 14 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 15 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 16 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 17 | | shall
prohibit:
| 18 | | (A) Private Sales of Single Family Homes. | 19 | | (1) Any sale of a single
family home by its owner so | 20 | | long as the following criteria are met:
| 21 | | (a) The owner does not own or have a beneficial | 22 | | interest in more
than three single family homes at the | 23 | | time of the sale;
| 24 | | (b) The owner or a member of his or her family was | 25 | | the last current
resident of the home;
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| 1 | | (c) The home is sold without the use in any manner | 2 | | of the sales or
rental facilities or services of any | 3 | | real estate broker or salesman, or
of any employee or | 4 | | agent of any real estate broker or salesman;
| 5 | | (d) The home is sold without the publication, | 6 | | posting or mailing,
after notice, of any advertisement | 7 | | or written notice in violation of
paragraph (F) of | 8 | | Section 3-102.
| 9 | | (2) This exemption does not apply to paragraph (F) of | 10 | | Section 3-102.
| 11 | | (B) Apartments. Rental of a housing accommodation in a | 12 | | building
which contains housing accommodations for not more | 13 | | than 4 families
living independently of each other, if the | 14 | | owner resides in one of the housing accommodations.
This | 15 | | exemption does not apply to paragraph (F) of Section 3-102.
| 16 | | (C) Private Rooms. Rental of a room or rooms in a private | 17 | | home by
an owner if he or she or a member of his or her family | 18 | | resides therein or,
while absent for a period of not more than | 19 | | twelve months, if he or she or a
member of his or her family | 20 | | intends to return to reside therein.
| 21 | | (D) Reasonable local, State, or Federal restrictions
| 22 | | regarding the maximum number of occupants permitted to occupy | 23 | | a dwelling.
| 24 | | (E) Religious Organizations. A religious organization, | 25 | | association,
or society, or any nonprofit institution or | 26 | | 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 or source of income in furnishing appraisals.
| 18 | | (H-1) The owner of an owner-occupied residential building | 19 | | with 4 or
fewer units (including the unit in which the owner | 20 | | resides) from making
decisions regarding whether to rent to a | 21 | | person based upon that person's
sexual orientation.
| 22 | | (I) Housing for Older Persons. No provision in this | 23 | | Article regarding
familial status shall apply with respect to | 24 | | housing for older persons.
| 25 | | (1) As used in this Section, "housing for older | 26 | | persons" means housing:
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| 1 | | (a) provided under any State or Federal program | 2 | | that the Department
determines is specifically | 3 | | designed and operated to assist elderly persons
(as | 4 | | defined in the State or Federal program); or
| 5 | | (b) intended for, and solely occupied by, persons | 6 | | 62 years of age or
older;
or
| 7 | | (c) intended and operated for occupancy by persons | 8 | | 55 years of age or
older and:
| 9 | | (i) at least 80% of the occupied units are | 10 | | occupied by at
least one person who is 55 years of | 11 | | age or older;
| 12 | | (ii) the housing facility or community | 13 | | publishes and adheres to
policies and procedures
| 14 | | that demonstrate the intent required under this
| 15 | | subdivision (c); and
| 16 | | (iii) the housing facility or community | 17 | | complies with rules adopted by
the
Department for | 18 | | verification of occupancy, which shall:
| 19 | | (aa) provide for verification by reliable | 20 | | surveys and affidavits;
and
| 21 | | (bb) include examples of the types of | 22 | | policies and procedures
relevant to
a | 23 | | determination of compliance with the | 24 | | requirement of clause (ii).
| 25 | | These surveys and affidavits shall be admissible in | 26 | | administrative and
judicial proceedings for the purposes |
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| 1 | | of such verification.
| 2 | | (2) Housing shall not fail to meet the requirements | 3 | | for housing for
older persons by reason of:
| 4 | | (a) persons residing in such housing as of the | 5 | | effective date of this
amendatory Act of 1989 who do | 6 | | not meet the age requirements of subsections
(1)(b) or | 7 | | (c); provided, that new occupants of such housing meet | 8 | | the age
requirements of
subsections (1)(b) or (c) of | 9 | | this subsection; or
| 10 | | (b) unoccupied units; provided, that such units | 11 | | are reserved for
occupancy by persons who meet the age | 12 | | requirements of subsections (1)(b)
or (c) of this | 13 | | subsection.
| 14 | | (3) (a) A person shall not be held personally liable | 15 | | for monetary damages
for a violation of this Article | 16 | | if the person reasonably relied, in good
faith, on the | 17 | | application of the exemption under this subsection (I) | 18 | | relating
to housing for older persons.
| 19 | | (b) For the purposes of this item (3), a person may | 20 | | show good faith
reliance on the application of the | 21 | | exemption only by showing that:
| 22 | | (i) the person has no actual knowledge that | 23 | | the facility or community
is
not, or will not be, | 24 | | eligible for the exemption; and
| 25 | | (ii) the facility or community has stated | 26 | | formally, in writing, that
the
facility or |
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| 1 | | community complies with the requirements for the | 2 | | exemption.
| 3 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 4 | | sex offender who owns and resides at residential real estate | 5 | | to rent any residential unit within the same building in which | 6 | | he or she resides to a person who is the parent or guardian of | 7 | | a child or children under 18 years of age. | 8 | | (K) Arrest Records. Inquiry into or the use of an arrest | 9 | | record if the inquiry or use is otherwise authorized by State | 10 | | or federal law. | 11 | | (Source: P.A. 101-565, eff. 1-1-20 .)
| 12 | | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
| 13 | | Sec. 8B-104. Relief; penalties. Upon finding a civil | 14 | | rights
violation, a hearing officer may recommend and the | 15 | | Commission or any
three-member panel thereof may provide for | 16 | | any relief or penalty
identified in this Section, separately | 17 | | or in combination, by entering an
order directing the | 18 | | respondent to:
| 19 | | (A) Cease and Desist Order. Cease and desist from any | 20 | | violation of
this Act.
| 21 | | (B) Actual Damages. Pay actual damages, as reasonably | 22 | | determined by
the Commission, for injury or loss suffered | 23 | | by the complainant.
| 24 | | (C) Civil Penalty. Pay a civil penalty to vindicate | 25 | | the public interest:
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| 1 | | (i) in an amount not exceeding $16,000 if the | 2 | | respondent has not been
adjudged to have committed any | 3 | | prior civil rights violation under Article 3;
| 4 | | (ii) in an amount not exceeding $42,500 if the | 5 | | respondent has been
adjudged to have committed one | 6 | | other civil rights violation under Article 3 during
| 7 | | the 5-year period ending on the date of the filing of | 8 | | this charge; and
| 9 | | (iii) in an amount not exceeding $70,000 if the | 10 | | respondent has been
adjudged to have committed 2 or | 11 | | more civil rights violations under Article 3
during | 12 | | the 7-year period ending on the date of the filing of | 13 | | this charge;
except that if the acts constituting the | 14 | | civil rights violation
that is the object of the | 15 | | charge are committed by the same natural person
who | 16 | | has been previously adjudged to have committed acts | 17 | | constituting a
civil rights violation under Article 3, | 18 | | then the civil penalties set forth in
subparagraphs | 19 | | (ii) and (iii) may be imposed without regard to the | 20 | | period
of time within which any subsequent civil | 21 | | rights violation under Article 3 occurred.
| 22 | | (D) Attorney Fees; Costs. Pay to the complainant all | 23 | | or a portion
of the costs of maintaining the action, | 24 | | including reasonable attorneys
fees and expert witness | 25 | | fees incurred in maintaining this action before the
| 26 | | Department, the Commission and in any judicial review and |
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| 1 | | judicial
enforcement proceedings.
| 2 | | (E) Compliance Report. Report as to the manner of | 3 | | compliance.
| 4 | | (F) Posting of Notices. Post notices in a conspicuous | 5 | | place which
the Commission may publish or cause to be | 6 | | published setting forth
requirements for compliance with | 7 | | this Act or other relevant information
which the | 8 | | Commission determines necessary to explain this Act.
| 9 | | (G) Make Complainant Whole. Take such action as may be | 10 | | necessary to make
the individual complainant whole, | 11 | | including, but not limited to, awards of
interest on the | 12 | | complainant's actual damages from the date of the
civil | 13 | | rights violation. | 14 | | (H) Other Relief. Any other relief as the hearing | 15 | | officer and the Commission deem appropriate, including any | 16 | | permanent or temporary injunction, temporary restraining | 17 | | order, or other order, including an order enjoining the | 18 | | defendant from engaging in such practice or ordering such | 19 | | affirmative action as may be appropriate.
| 20 | | (Source: P.A. 99-548, eff. 1-1-17 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 310 ILCS 70/4 | from Ch. 67 1/2, par. 1304 | | 4 | | 310 ILCS 70/10 | from Ch. 67 1/2, par. 1310 | | 5 | | 735 ILCS 5/9-106.4 new | | | 6 | | 775 ILCS 5/1-102 | from Ch. 68, par. 1-102 | | 7 | | 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 | | 8 | | 775 ILCS 5/3-102 | from Ch. 68, par. 3-102 | | 9 | | 775 ILCS 5/3-102.2 new | | | 10 | | 775 ILCS 5/3-103 | from Ch. 68, par. 3-103 | | 11 | | 775 ILCS 5/3-106 | from Ch. 68, par. 3-106 | | 12 | | 775 ILCS 5/8B-104 | from Ch. 68, par. 8B-104 |
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