Full Text of HB1551 097th General Assembly
HB1551 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1551 Introduced 2/15/2011, by Rep. Karen A. Yarbrough 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 5/8A-104 | from Ch. 68, par. 8A-104 | 775 ILCS 5/8B-104 | from Ch. 68, par. 8B-104 |
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Amends the Illinois Human Rights Act. With respect to real estate
transactions,
prohibits discrimination on the basis of source of income in relation to residential rental real estate transactions. In provisions making it is a civil rights violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of unlawful discrimination or familial status or source of income, to engage in certain activities, provides that those provisions do not: (i) require a housing authority or housing development project in which 25% or more of the units are owned by a housing authority or subject to a leasing agreement, regulatory and operating agreement, or other similar instrument with a housing authority to lease or rent another unit of that same housing development project to an existing or prospective tenant who is receiving subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part or all of the rent for the unit; (ii) require or prevent, with specified exceptions, any person whose property is located in a municipality with fewer than 1,000,000 inhabitants and is in a concentrated census tract where 3% of the total housing stock in that census tract is occupied by tenants relying on subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part of the rent for the unit to lease or rent a unit to a prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part or all of the rent for the unit (the housing authority shall determine which census tracts within its service area meet the concentrated census tract exemption requirements and annually deliver that information to the municipalities within its jurisdiction); or (iii) prevent an owner or agent from taking into consideration factors other than lawful source of income such as credit history, criminal history, or references. Makes other changes.
Effective January 31, 2012.
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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, 8A-104, and 8B-104 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, 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 | 4 | | Status-Real Estate
Transactions. To prevent discrimination | 5 | | based on familial status in real
estate transactions.
| 6 | | (D-1) Freedom from Discrimination Based on Source of | 7 | | Income-Residential Rental Real Estate Transactions. To prevent | 8 | | discrimination based on source of income in residential rental | 9 | | real estate transactions.
| 10 | | (E) Public Health, Welfare and Safety. To promote the | 11 | | public health,
welfare and safety by protecting the interest of | 12 | | all people in Illinois
in maintaining personal dignity, in | 13 | | realizing their full productive
capacities, and in furthering | 14 | | their interests, rights and privileges as
citizens of this | 15 | | State.
| 16 | | (F) Implementation of Constitutional Guarantees. To secure | 17 | | and
guarantee the rights established by Sections 17, 18 and 19 | 18 | | of Article I
of the Illinois Constitution of 1970.
| 19 | | (G) Equal Opportunity, Affirmative Action. To establish | 20 | | Equal
Opportunity and Affirmative Action as the policies of | 21 | | this State in all
of its decisions, programs and activities, | 22 | | and to assure that all State
departments, boards, commissions | 23 | | and instrumentalities rigorously take
affirmative action to | 24 | | provide equality of opportunity and eliminate the
effects of | 25 | | past discrimination in the internal affairs of State
government | 26 | | and in their relations with the public.
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| 1 | | (H) Unfounded Charges. To protect citizens of this State | 2 | | against
unfounded charges of unlawful discrimination, sexual | 3 | | harassment in
employment and sexual harassment in elementary, | 4 | | secondary, and higher education, and discrimination
based on | 5 | | citizenship status in employment.
| 6 | | (Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10; | 7 | | 96-1319, eff. 7-27-10.)
| 8 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 9 | | Sec. 1-103. General Definitions. When used in this Act, | 10 | | unless the
context requires otherwise, the term:
| 11 | | (A) Age. "Age" means the chronological age of a person who | 12 | | is at least
40 years old, except with regard to any practice | 13 | | described in Section
2-102, insofar as that practice concerns | 14 | | training or apprenticeship
programs. In the case of training or | 15 | | apprenticeship programs, for the
purposes of Section 2-102, | 16 | | "age" means the chronological age of a person
who is 18 but not | 17 | | yet 40 years old.
| 18 | | (B) Aggrieved Party. "Aggrieved party" means a person who | 19 | | is alleged
or proved to have been injured by a civil rights | 20 | | violation or believes he
or she will be injured by a civil | 21 | | rights violation under Article 3 that is
about to occur.
| 22 | | (C) Charge. "Charge" means an allegation filed with the | 23 | | Department
by an aggrieved party or initiated by the Department | 24 | | under its
authority.
| 25 | | (D) Civil Rights Violation. "Civil rights violation" |
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| 1 | | includes and
shall be limited to only those specific acts set | 2 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 3 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 4 | | 6-101, and 6-102 of this Act.
| 5 | | (E) Commission. "Commission" means the Human Rights | 6 | | Commission
created by this Act.
| 7 | | (F) Complaint. "Complaint" means the formal pleading filed | 8 | | by
the Department with the Commission following an | 9 | | investigation and
finding of substantial evidence of a civil | 10 | | rights violation.
| 11 | | (G) Complainant. "Complainant" means a person including | 12 | | the
Department who files a charge of civil rights violation | 13 | | with the Department or
the Commission.
| 14 | | (H) Department. "Department" means the Department of Human | 15 | | Rights
created by this Act.
| 16 | | (I) Disability. "Disability" means a determinable physical | 17 | | or mental
characteristic of a person, including, but not | 18 | | limited to, a determinable
physical characteristic which | 19 | | necessitates the person's use of a guide,
hearing or support | 20 | | dog, the history of such characteristic, or the
perception of | 21 | | such characteristic by the person complained against, which
may | 22 | | result from disease, injury, congenital condition of birth or
| 23 | | functional disorder and which characteristic:
| 24 | | (1) For purposes of Article 2 is unrelated to the | 25 | | person's ability
to perform the duties of a particular job | 26 | | or position and, pursuant to
Section 2-104 of this Act, a |
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| 1 | | person's illegal use of drugs or alcohol is not a
| 2 | | disability;
| 3 | | (2) For purposes of Article 3, is unrelated to the | 4 | | person's ability
to acquire, rent or maintain a housing | 5 | | accommodation;
| 6 | | (3) For purposes of Article 4, is unrelated to a | 7 | | person's ability to
repay;
| 8 | | (4) For purposes of Article 5, is unrelated to a | 9 | | person's ability to
utilize and benefit from a place of | 10 | | public accommodation.
| 11 | | (I-5) Housing authority. "Housing authority" means either | 12 | | a housing authority created under the Housing Authorities Act | 13 | | or other government agency that is authorized by the United | 14 | | States government under the United States Housing Act of 1937 | 15 | | to administer a housing choice voucher program, or the | 16 | | authorized agent of such a housing authority that is authorized | 17 | | to act upon that authority's behalf.
| 18 | | (J) Marital Status. "Marital status" means the legal status | 19 | | of being
married, single, separated, divorced or widowed.
| 20 | | (J-1) Military Status. "Military status" means a person's | 21 | | status on
active duty in or status as a veteran of the armed | 22 | | forces of the United States, status as a current member or | 23 | | veteran of any
reserve component of the armed forces of the | 24 | | United States, including the United
States Army Reserve, United | 25 | | States Marine Corps Reserve, United States Navy
Reserve, United | 26 | | States Air Force Reserve, and United States Coast Guard
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| 1 | | Reserve, or status as a current member or veteran of the | 2 | | Illinois Army National Guard or Illinois Air National
Guard.
| 3 | | (K) National Origin. "National origin" means the place in | 4 | | which a
person or one of his or her ancestors was born.
| 5 | | (K-5) "Order of protection status" means a person's status | 6 | | as being a person protected under an order of protection issued | 7 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 8 | | order of protection issued by a court of another state. | 9 | | (L) Person. "Person" includes one or more individuals, | 10 | | partnerships,
associations or organizations, labor | 11 | | organizations, labor unions, joint
apprenticeship committees, | 12 | | or union labor associations, corporations, the
State of | 13 | | Illinois and its instrumentalities, political subdivisions, | 14 | | units
of local government, legal representatives, trustees in | 15 | | bankruptcy
or receivers.
| 16 | | (M) Public Contract. "Public contract" includes every | 17 | | contract to which the
State, any of its political subdivisions | 18 | | or any municipal corporation is a
party.
| 19 | | (N) Religion. "Religion" includes all aspects of religious | 20 | | observance
and practice, as well as belief, except that with | 21 | | respect to employers, for
the purposes of Article 2, "religion" | 22 | | has the meaning ascribed to it in
paragraph (F) of Section | 23 | | 2-101.
| 24 | | (O) Sex. "Sex" means the status of being male or female.
| 25 | | (O-1) Sexual orientation. "Sexual orientation" means | 26 | | actual or
perceived heterosexuality, homosexuality, |
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| 1 | | bisexuality, or gender-related identity,
whether or not | 2 | | traditionally associated with the person's designated sex at
| 3 | | birth. "Sexual orientation" does not include a physical or | 4 | | sexual attraction to a minor by an adult.
| 5 | | (O-5) Source of Income. "Source of income" means any lawful | 6 | | income, subsidy, or benefit with which an individual supports | 7 | | himself or herself and his or her dependents, including, but | 8 | | not limited to, child support, maintenance,
and any federal, | 9 | | State, or local public assistance, medical assistance, or | 10 | | rental assistance program.
| 11 | | (P) Unfavorable Military Discharge. "Unfavorable military | 12 | | discharge"
includes discharges from the Armed Forces of the | 13 | | United States, their
Reserve components or any National Guard | 14 | | or Naval Militia which are
classified as RE-3 or the equivalent | 15 | | thereof, but does not include those
characterized as RE-4 or | 16 | | "Dishonorable".
| 17 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 18 | | means discrimination
against a person because of his or her | 19 | | race, color, religion, national origin,
ancestry, age, sex, | 20 | | marital status, order of protection status, disability, | 21 | | military status, sexual
orientation,
or unfavorable
discharge | 22 | | from military service as those terms are defined in this | 23 | | Section.
| 24 | | (Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07; | 25 | | 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff. | 26 | | 1-1-10.)
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| 1 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 2 | | Sec. 3-102. Civil Rights Violations; Real Estate | 3 | | Transactions) It
is a civil rights violation for an owner or | 4 | | any other person engaging in
a real estate transaction, or for | 5 | | a real estate broker or salesman,
because of unlawful | 6 | | discrimination or familial status or source of income in | 7 | | connection with residential rental real estate transactions ,
| 8 | | to
| 9 | | (A) Transaction. Refuse to engage in a real estate | 10 | | transaction with
a person or to discriminate in making | 11 | | available such a transaction;
| 12 | | (B) Terms. Alter the terms, conditions or privileges of a | 13 | | real
estate transaction or in the furnishing of facilities or | 14 | | services in
connection therewith;
| 15 | | (C) Offer. Refuse to receive or to fail to transmit a bona | 16 | | fide
offer to engage in a real estate transaction from a | 17 | | person;
| 18 | | (D) Negotiation. Refuse to negotiate for a real estate | 19 | | transaction
with a person;
| 20 | | (E) Representations. Represent to a person that real | 21 | | property is
not available for inspection, sale, rental, or | 22 | | lease when in fact it is
so available, or to fail to bring a | 23 | | property listing to his or her
attention, or to refuse to | 24 | | permit him or her to inspect real property;
| 25 | | (F) Publication of Intent. Print, circulate, post, mail,
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| 1 | | publish or cause
to be so published a written or oral | 2 | | statement, advertisement or sign,
or to use a form
of | 3 | | application for a real estate transaction, or to make a record | 4 | | or
inquiry in connection with a prospective real estate | 5 | | transaction, which
expresses any limitation founded upon, or
| 6 | | indicates, directly or indirectly, an intent to engage in | 7 | | unlawful
discrimination;
| 8 | | (G) Listings. Offer, solicit, accept, use or retain a | 9 | | listing of
real property with knowledge that unlawful | 10 | | discrimination or
discrimination on the basis of familial | 11 | | status in a real estate
transaction is intended.
| 12 | | Nothing in this Section 3-102 or in any municipal or county | 13 | | ordinance described in Section 7-108 of this Act shall require | 14 | | a housing authority, its designated property manager, or any | 15 | | other housing authority agents or assigns of any housing | 16 | | development project in which 25% or more of the units are owned | 17 | | by a housing authority or subject to a leasing agreement, | 18 | | regulatory and operating agreement, or other similar | 19 | | instrument with a housing authority to lease or rent another | 20 | | unit of that same housing development project to an existing or | 21 | | prospective tenant who is receiving subsidies, payment | 22 | | assistance, contributions, or vouchers under or in connection | 23 | | with the federal Housing Choice Voucher (also known as Section | 24 | | 8) program (42 U.S.C. 1437f) for payment of part or all of the | 25 | | rent for the unit.
| 26 | | Nothing in this Section 3-102, except with respect to |
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| 1 | | written statements prohibited by subdivision (F) of this | 2 | | Section, shall require or prevent any person whose property is | 3 | | located in a municipality with fewer than 1,000,000 | 4 | | inhabitants, and is in a concentrated census tract where 3% of | 5 | | the total housing stock in that census tract is occupied by | 6 | | tenants relying on subsidies, payment assistance, | 7 | | contributions, or vouchers under or in connection with the | 8 | | federal Housing Choice Voucher (also known as Section 8) | 9 | | program (42 U.S.C. 1437f) for payment of part of the rent for | 10 | | the unit to lease or rent a unit to a prospective tenant who is | 11 | | relying on such a subsidy, payment assistance, contribution, or | 12 | | voucher for payment of part or all of the rent for the unit.
| 13 | | The housing authority shall determine which census tracts | 14 | | within its service area meet the concentrated census tract | 15 | | exemption requirements and annually deliver that information | 16 | | to the municipalities within its jurisdiction.
| 17 | | Nothing in this Section 3-102 prevents an owner or agent | 18 | | from taking into consideration factors other than lawful source | 19 | | of income such as credit history, criminal history, or | 20 | | references.
| 21 | | Nothing in this Section 3-102 shall require or prevent any | 22 | | person whose property fails to meet federal Housing Quality | 23 | | Standards in connection with the federal Housing Choice Voucher | 24 | | (also known as Section 8) program (42 U.S.C. 1437f) to lease or | 25 | | rent a unit to a prospective tenant who is relying on such a | 26 | | subsidy, payment assistance, contribution, or voucher for |
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| 1 | | payment of part or all of the rent for such unit.
| 2 | | (Source: P.A. 86-910.)
| 3 | | (775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
| 4 | | Sec. 8A-104. Relief; Penalties. Upon finding a civil rights
| 5 | | violation, a hearing officer may recommend and the Commission | 6 | | or any
three-member panel thereof may provide for any relief or | 7 | | penalty
identified in this Section, separately or in | 8 | | combination, by entering an
order directing the respondent to:
| 9 | | (A) Cease and Desist Order. Cease and desist from any | 10 | | violation of
this Act.
| 11 | | (B) Actual Damages. Pay actual damages, as reasonably | 12 | | determined by
the Commission, for injury or loss suffered by | 13 | | the complainant.
| 14 | | (C) Hiring; Reinstatement; Promotion; Backpay; Fringe | 15 | | Benefits.
Hire, reinstate or upgrade the complainant with or | 16 | | without back pay or
provide such fringe benefits as the | 17 | | complainant may have been denied.
| 18 | | (D) Restoration of Membership; Admission To Programs. | 19 | | Admit or
restore the complainant to labor organization | 20 | | membership, to a guidance
program, apprenticeship training | 21 | | program, on the job training program,
or other occupational | 22 | | training or retraining program.
| 23 | | (E) Public Accommodations. Admit the complainant to a | 24 | | public
accommodation.
| 25 | | (F) Services. Extend to the complainant the full and equal
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| 1 | | enjoyment of the goods, services, facilities, privileges, | 2 | | advantages, or
accommodations of the respondent.
| 3 | | (G) Attorneys Fees; Costs. Pay to the complainant all or a | 4 | | portion
of the costs of maintaining the action, including | 5 | | reasonable attorney
fees and expert witness fees incurred in | 6 | | maintaining this action before the
Department, the Commission | 7 | | and in any judicial review and judicial
enforcement | 8 | | proceedings. Provided, however, that no award of attorney
fees | 9 | | or costs shall be made pursuant to this amendatory Act of 1987 | 10 | | with
respect to any charge for which the complaint before the | 11 | | Commission was
filed prior to December 1, 1987. With respect to | 12 | | all charges for which
complaints were filed with the Commission | 13 | | prior to December 1, 1987,
attorney fees and costs shall be | 14 | | awarded pursuant to the terms of this
subsection as it existed | 15 | | prior to revision by this amendatory Act of 1987.
| 16 | | (H) Compliance Report. Report as to the manner of | 17 | | compliance.
| 18 | | (I) Posting of Notices. Post notices in a conspicuous place | 19 | | which
the Commission may publish or cause to be published | 20 | | setting forth
requirements for compliance with this Act or | 21 | | other relevant information
which the Commission determines | 22 | | necessary to explain this Act.
| 23 | | (I-1) Training. Participate in training by the Department | 24 | | or other such training as is necessary to prevent future civil | 25 | | rights violations.
| 26 | | (J) Make Complainant Whole. Take such action as may be |
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| 1 | | necessary to make
the individual complainant whole, including, | 2 | | but not limited to, awards of
interest on the complainant's | 3 | | actual damages and backpay from the date of the
civil rights | 4 | | violation. Provided, however, that no award of prejudgment
| 5 | | interest shall be made pursuant to this amendatory Act of 1987 | 6 | | with respect
to any charge in which the complaint before the | 7 | | Commission was filed prior
to December 1, 1987. With respect to | 8 | | all charges for which complaints were
filed with the Commission | 9 | | prior to December 1, 1987, make whole relief
shall be awarded | 10 | | pursuant to this subsection as it existed prior to
revision by | 11 | | this amendatory Act of 1987.
| 12 | | There shall be no distinction made under this Section | 13 | | between complaints
filed by the Department and those filed by | 14 | | the aggrieved party.
| 15 | | (Source: P.A. 86-910.)
| 16 | | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
| 17 | | Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
| 18 | | violation, a hearing officer may recommend and the Commission | 19 | | or any
three-member panel thereof may provide for any relief or | 20 | | penalty
identified in this Section, separately or in | 21 | | combination, by entering an
order directing the respondent to:
| 22 | | (A) Cease and Desist Order. Cease and desist from any | 23 | | violation of
this Act.
| 24 | | (B) Actual Damages. Pay actual damages, as reasonably | 25 | | determined by
the Commission, for injury or loss suffered by |
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| 1 | | the complainant.
| 2 | | (C) Civil Penalty. Pay a civil penalty to vindicate the | 3 | | public interest:
| 4 | | (i) in an amount not exceeding $10,000 if the respondent | 5 | | has not been
adjudged to have committed any prior civil rights | 6 | | violation under Article 3;
| 7 | | (ii) in an amount not exceeding $25,000 if the respondent | 8 | | has been
adjudged to have committed one other civil rights | 9 | | violation under Article 3 during
the 5-year period ending on | 10 | | the date of the filing of this charge; and
| 11 | | (iii) in an amount not exceeding $50,000 if the respondent | 12 | | has been
adjudged to have committed 2 or more civil rights | 13 | | violations under Article 3
during the 7-year period ending on | 14 | | the date of the filing of this charge;
except that if the acts | 15 | | constituting the civil rights violation
that is the object of | 16 | | the charge are committed by the same natural person
who has | 17 | | been previously adjudged to have committed acts constituting a
| 18 | | civil rights violation under Article 3, then the civil | 19 | | penalties set forth in
subparagraphs (ii) and (iii) may be | 20 | | imposed without regard to the period
of time within which any | 21 | | subsequent civil rights violation under Article 3 occurred.
| 22 | | (D) Attorney Fees; Costs. Pay to the complainant all or a | 23 | | portion
of the costs of maintaining the action, including | 24 | | reasonable attorneys
fees and expert witness fees incurred in | 25 | | maintaining this action before the
Department, the Commission | 26 | | and in any judicial review and judicial
enforcement |
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| 1 | | proceedings.
| 2 | | (E) Compliance Report. Report as to the manner of | 3 | | compliance.
| 4 | | (F) Posting of Notices. Post notices in a conspicuous place | 5 | | which
the Commission may publish or cause to be published | 6 | | setting forth
requirements for compliance with this Act or | 7 | | other relevant information
which the Commission determines | 8 | | necessary to explain this Act.
| 9 | | (F-1) Training. Participate in Fair Housing training by the | 10 | | Department or other such training as is necessary to prevent | 11 | | future civil rights violations.
| 12 | | (G) Make Complainant Whole. Take such action as may be | 13 | | necessary to make
the individual complainant whole, including, | 14 | | but not limited to, awards of
interest on the complainant's | 15 | | actual damages from the date of the
civil rights violation.
| 16 | | (Source: P.A. 86-910.)
| 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 31, 2012. |
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