Illinois General Assembly - Full Text of SB1817
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Full Text of SB1817  103rd General Assembly


Sen. Ann Gillespie

Filed: 3/20/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1817 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and
63-106 as follows:
7    (775 ILCS 5/3-101)  (from Ch. 68, par. 3-101)
8    Sec. 3-101. Definitions. The following definitions are
9applicable strictly in the context of this Article:
10    (A) Real Property. "Real property" includes buildings,
11structures, real estate, lands, tenements, leaseholds,
12interests in real estate cooperatives, condominiums, and
13hereditaments, corporeal and incorporeal, or any interest
15    (B) Real Estate Transaction. "Real estate transaction"
16includes the sale, exchange, rental or lease of real property.



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1"Real estate transaction" also includes the brokering or
2appraising of residential real property and the making or
3purchasing of loans or providing other financial assistance:
4    (1) for purchasing, constructing, improving, repairing or
5maintaining a dwelling; or
6    (2) secured by residential real estate.
7    (C) Housing Accommodations. "Housing accommodation"
8includes any improved or unimproved real property, or part
9thereof, which is used or occupied, or is intended, arranged
10or designed to be used or occupied, as the home or residence of
11one or more individuals.
12    (D) Real Estate Broker or Salesman. "Real estate broker or
13salesman" means a person, whether licensed or not, who, for or
14with the expectation of receiving a consideration, lists,
15sells, purchases, exchanges, rents, or leases real property,
16or who negotiates or attempts to negotiate any of these
17activities, or who holds oneself himself or herself out as
18engaged in these.
19    (E) Familial Status. "Familial status" means one or more
20individuals (who have not attained the age of 18 years) being
21domiciled with:
22    (1) a parent or person having legal custody of such
23individual or individuals; or
24    (2) the designee of such parent or other person having
25such custody, with the written permission of such parent or
26other person.



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1    The protections afforded by this Article against
2discrimination on the basis of familial status apply to any
3person who is pregnant or is in the process of securing legal
4custody of any individual who has not attained the age of 18
6    (F) Conciliation. "Conciliation" means the attempted
7resolution of issues raised by a charge, or by the
8investigation of such charge, through informal negotiations
9involving the aggrieved party, the respondent and the
11    (G) Conciliation Agreement. "Conciliation agreement" means
12a written agreement setting forth the resolution of the issues
13in conciliation.
14    (H) Covered Multifamily Dwellings. As used in Section
153-102.1, "covered multifamily dwellings" means:
16    (1) buildings consisting of 4 or more units if such
17buildings have one or more elevators; and
18    (2) ground floor units in other buildings consisting of 4
19or more units.
20    (I) Immigration Status. "Immigration status" means a
21person's actual or perceived citizenship or immigration
23(Source: P.A. 86-820; 86-910; 86-1028.)
24    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
25    Sec. 3-102. Civil rights violations; real estate



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1transactions and other prohibited acts. It is a civil rights
2violation for an owner or any other person engaging in a real
3estate transaction, or for a real estate broker or salesman,
4because of unlawful discrimination, familial status,
5immigration status, source of income, or an arrest record, as
6defined under subsection (B-5) of Section 1-103, to:
7        (A) Transactions. Transaction. Refuse to engage in a
8    real estate transaction with a person or otherwise make
9    unavailable or deny real property to discriminate in
10    making available such a transaction;
11        (B) Terms. Alter the terms, conditions or privileges
12    of a real estate transaction or in the furnishing of
13    facilities or services in connection therewith;
14        (C) Offers. Offer. Refuse to receive or to fail to
15    transmit a bona fide offer to engage in a real estate
16    transaction from a person;
17        (D) Negotiation. Refuse to negotiate for a real estate
18    transaction with a person;
19        (E) Representations. Represent to a person that real
20    property is not available for inspection, sale, rental, or
21    lease when in fact it is so available, or to fail to bring
22    a property listing to the person's his or her attention,
23    or to refuse to permit the person him or her to inspect
24    real property;
25        (F) Publication of Intent. Make, print, circulate,
26    post, mail, publish or cause to be made, printed,



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1    circulated, posted, mailed, or published any notice,
2    statement, advertisement or sign, or use a form of
3    application for a real estate transaction, or make a
4    record or inquiry in connection with a prospective real
5    estate transaction, that indicates any preference,
6    limitation, or discrimination based on unlawful
7    discrimination or unlawful discrimination based on
8    familial status, immigration status, source of income, or
9    an arrest record, or an intention to make any such
10    preference, limitation, or discrimination;
11        (G) Listings. Offer, solicit, accept, use or retain a
12    listing of real property with knowledge that unlawful
13    discrimination or discrimination on the basis of familial
14    status, immigration status, source of income, or an arrest
15    record in a real estate transaction is intended.
16(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
17    (775 ILCS 5/3-102.10)
18    Sec. 3-102.10. Third-party loan modification service
20    (A) It is a civil rights violation for a third-party loan
21modification service provider, because of unlawful
22discrimination, familial status, immigration status, source of
23income, or an arrest record, to:
24        (1) refuse to engage in loan modification services;
25        (2) alter the terms, conditions, or privileges of such



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1    services; or
2        (3) discriminate in making such services available,
3    including, but not limited to, by making a statement,
4    advertisement, representation, inquiry, listing, offer, or
5    solicitation that indicates a preference or the intention
6    to make such a preference in making such services
7    available.
8    (B) For purposes of this Section, "third-party loan
9modification service provider" means a person or entity,
10whether licensed or not, who, for or with the expectation of
11receiving consideration, provides assistance or services to a
12loan borrower to obtain a modification to a term of an existing
13real estate loan or to obtain foreclosure relief. "Third-party
14loan modification service provider" does not include lenders,
15brokers or appraisers of mortgage loans, or the servicers,
16subsidiaries, affiliates, or agents of the lender.
17(Source: P.A. 102-362, eff. 1-1-22.)
18    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
19    Sec. 3-103. Blockbusting. It is a civil rights violation
20for any person to:
21        (A) Solicitation. Solicit for sale, lease, listing or
22    purchase any residential real estate within this State, on
23    the grounds of loss of value due to the present or
24    prospective entry into the vicinity of the property
25    involved of any person or persons of any particular race,



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1    color, religion, national origin, ancestry, age, sex,
2    sexual orientation, marital status, familial status,
3    immigration status, source of income, or disability.
4        (B) Statements. Distribute or cause to be distributed,
5    written material or statements designed to induce any
6    owner of residential real estate in this State to sell or
7    lease the owner's his or her property because of any
8    present or prospective changes in the race, color,
9    religion, national origin, ancestry, age, sex, sexual
10    orientation, marital status, familial status, immigration
11    status, source of income, or disability of residents in
12    the vicinity of the property involved.
13        (C) Creating Alarm. Intentionally create alarm, among
14    residents of any community, by transmitting communications
15    in any manner, including a telephone call whether or not
16    conversation thereby ensues, with a design to induce any
17    owner of residential real estate in this state to sell or
18    lease the owner's his or her property because of any
19    present or prospective entry into the vicinity of the
20    property involved of any person or persons of any
21    particular race, color, religion, national origin,
22    ancestry, age, sex, sexual orientation, marital status,
23    familial status, immigration status, source of income, or
24    disability.
25(Source: P.A. 102-896, eff. 1-1-23.)



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1    (775 ILCS 5/3-104.1)  (from Ch. 68, par. 3-104.1)
2    Sec. 3-104.1. Refusal to sell or rent because a person has
3a guide, hearing or support dog. It is a civil rights violation
4for the owner or agent of any housing accommodation to:
5        (A) refuse to sell or rent after the making of a bona
6    fide bonafide offer, or to refuse to negotiate for the
7    sale or rental of, or otherwise make unavailable or deny
8    property to any blind or hearing impaired person or person
9    with a physical disability because the blind or hearing
10    impaired person or person with a physical disability he
11    has a guide, hearing, or support dog; or
12        (B) discriminate against any blind or hearing impaired
13    person or person with a physical disability in the terms,
14    conditions, or privileges of sale or rental property, or
15    in the provision of services or facilities in connection
16    therewith, because the blind or hearing impaired person or
17    person with a physical disability he has a guide, hearing,
18    or support dog; or
19        (C) require, because a blind or hearing impaired
20    person or person with a physical disability has a guide,
21    hearing, or support dog, an extra charge in a lease,
22    rental agreement, or contract of purchase or sale, other
23    than for actual damage done to the premises by the dog.
24(Source: P.A. 99-143, eff. 7-27-15.)
25    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)



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1    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
2shall prohibit:
3    (A) Private Sales of Single Family Homes.
4        (1) Any sale of a single family home by its owner so
5    long as the following criteria are met:
6            (a) The owner does not own or have a beneficial
7        interest in more than 3 three single family homes at
8        the time of the sale;
9            (b) The owner or a member of the owner's his or her
10        family was the last current resident of the home;
11            (c) The home is sold without the use in any manner
12        of the sales or rental facilities or services of any
13        real estate broker or salesman, or of any employee or
14        agent of any real estate broker or salesman;
15            (d) The home is sold without the publication,
16        posting or mailing, after notice, of any advertisement
17        or written notice in violation of paragraph (F) of
18        Section 3-102.
19        (2) This exemption does not apply to paragraph (F) of
20    Section 3-102.
21    (B) Apartments. Rental of a housing accommodation in a
22building which contains housing accommodations for not more
23than 4 families living independently of each other, if the
24owner resides in one of the housing accommodations. This
25exemption does not apply to paragraph (F) of Section 3-102.
26    (C) Private Rooms. Rental of a room or rooms in a private



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1home by an owner if the owner he or she or a member of the
2owner's his or her family resides therein or, while absent for
3a period of not more than 12 twelve months, if the owner he or
4she or a member of the owner's his or her family intends to
5return to reside therein. This exemption does not apply to
6paragraph (F) of Section 3-102.
7    (D) Reasonable local, State, or Federal restrictions
8regarding the maximum number of occupants permitted to occupy
9a dwelling.
10    (E) Religious Organizations. A religious organization,
11association, or society, or any nonprofit institution or
12organization operated, supervised or controlled by or in
13conjunction with a religious organization, association, or
14society, from limiting the sale, rental or occupancy of a
15dwelling which it owns or operates for other than a commercial
16purpose to persons of the same religion, or from giving
17preference to such persons, unless membership in such religion
18is restricted on account of race, color, or national origin.
19    (F) Sex. Restricting the rental of rooms in a housing
20accommodation to persons of one sex.
21    (G) Persons Convicted of Drug-Related Offenses. Conduct
22against a person because such person has been convicted by any
23court of competent jurisdiction of the illegal manufacture or
24distribution of a controlled substance as defined in Section
25102 of the federal Controlled Substances Act (21 U.S.C. 802).
26    (H) Persons engaged in the business of furnishing



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1appraisals of real property from taking into consideration
2factors other than those based on unlawful discrimination or
3familial status or source of income in furnishing appraisals.
4    (H-1) The owner of an owner-occupied residential building
5with 4 or fewer units (including the unit in which the owner
6resides) from making decisions regarding whether to rent to a
7person based upon that person's sexual orientation.
8    (I) Housing for Older Persons. No provision in this
9Article regarding familial status shall apply with respect to
10housing for older persons.
11        (1) As used in this Section, "housing for older
12    persons" means housing:
13            (a) provided under any State or Federal program
14        that the Department determines is specifically
15        designed and operated to assist elderly persons (as
16        defined in the State or Federal program); or
17            (b) intended for, and solely occupied by, persons
18        62 years of age or older; or
19            (c) intended and operated for occupancy by persons
20        55 years of age or older and:
21                (i) at least 80% of the occupied units are
22            occupied by at least one person who is 55 years of
23            age or older;
24                (ii) the housing facility or community
25            publishes and adheres to policies and procedures
26            that demonstrate the intent required under this



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1            subdivision (c); and
2                (iii) the housing facility or community
3            complies with rules adopted by the Department for
4            verification of occupancy, which shall:
5                    (aa) provide for verification by reliable
6                surveys and affidavits; and
7                    (bb) include examples of the types of
8                policies and procedures relevant to a
9                determination of compliance with the
10                requirement of clause (ii).
11        These surveys and affidavits shall be admissible in
12    administrative and judicial proceedings for the purposes
13    of such verification.
14        (2) Housing shall not fail to meet the requirements
15    for housing for older persons by reason of:
16            (a) persons residing in such housing as of the
17        effective date of this amendatory Act of 1989 who do
18        not meet the age requirements of subsections (1)(b) or
19        (c); provided, that new occupants of such housing meet
20        the age requirements of subsections (1)(b) or (c) of
21        this subsection; or
22            (b) unoccupied units; provided, that such units
23        are reserved for occupancy by persons who meet the age
24        requirements of subsections (1)(b) or (c) of this
25        subsection.
26        (3)(a) A person shall not be held personally liable



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1    for monetary damages for a violation of this Article if
2    the person reasonably relied, in good faith, on the
3    application of the exemption under this subsection (I)
4    relating to housing for older persons.
5        (b) For the purposes of this item (3), a person may
6    show good faith reliance on the application of the
7    exemption only by showing that:
8            (i) the person has no actual knowledge that the
9        facility or community is not, or will not be, eligible
10        for the exemption; and
11            (ii) the facility or community has stated
12        formally, in writing, that the facility or community
13        complies with the requirements for the exemption.
14    (J) Child Sex Offender Refusal to Rent. Refusal of a child
15sex offender who owns and resides at residential real estate
16to rent any residential unit within the same building in which
17the child sex offender he or she resides to a person who is the
18parent or guardian of a child or children under 18 years of
20    (K) Arrest Records. Inquiry into or the use of an arrest
21record if the inquiry or use is otherwise authorized by State
22or federal law.
23    (L) Financial Institutions. A financial institution as
24defined in Article 4 from considering source of income or
25immigration status in a real estate transaction in compliance
26with State or federal law.



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1    (M) Immigration Status. Inquiry into or the use of
2immigration status if the inquiry or use is otherwise required
3by State or federal law.
4(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)".