Full Text of HB1564 097th General Assembly
HB1564 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1564 Introduced 2/15/2011, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 | 775 ILCS 5/3-104.2 new | |
|
Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for the owner or the agent of any housing accommodation to inquire whether a prospective tenant has an arrest record or to refuse to rent a unit because the prospective tenant has an arrest record.
|
| |
| | A BILL FOR |
|
| | | HB1564 | | LRB097 05566 AJO 47845 b |
|
| 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 Section 1-103 and by adding Section 3-104.2 as | 6 | | follows: | 7 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 8 | | Sec. 1-103. General Definitions. When used in this Act, | 9 | | unless the
context requires otherwise, the term:
| 10 | | (A) Age. "Age" means the chronological age of a person who | 11 | | is at least
40 years old, except with regard to any practice | 12 | | described in Section
2-102, insofar as that practice concerns | 13 | | training or apprenticeship
programs. In the case of training or | 14 | | apprenticeship programs, for the
purposes of Section 2-102, | 15 | | "age" means the chronological age of a person
who is 18 but not | 16 | | yet 40 years old.
| 17 | | (B) Aggrieved Party. "Aggrieved party" means a person who | 18 | | is alleged
or proved to have been injured by a civil rights | 19 | | violation or believes he
or she will be injured by a civil | 20 | | rights violation under Article 3 that is
about to occur.
| 21 | | (C) Charge. "Charge" means an allegation filed with the | 22 | | Department
by an aggrieved party or initiated by the Department | 23 | | under its
authority.
|
| | | HB1564 | - 2 - | LRB097 05566 AJO 47845 b |
|
| 1 | | (D) Civil Rights Violation. "Civil rights violation" | 2 | | includes and
shall be limited to only those specific acts set | 3 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 4 | | 3-104, 3-104.1, 3-104.2, 3-105, 3-105.1, 4-102, 4-103,
5-102, | 5 | | 5A-102, 6-101, and 6-102 of this Act.
| 6 | | (E) Commission. "Commission" means the Human Rights | 7 | | Commission
created by this Act.
| 8 | | (F) Complaint. "Complaint" means the formal pleading filed | 9 | | by
the Department with the Commission following an | 10 | | investigation and
finding of substantial evidence of a civil | 11 | | rights violation.
| 12 | | (G) Complainant. "Complainant" means a person including | 13 | | the
Department who files a charge of civil rights violation | 14 | | with the Department or
the Commission.
| 15 | | (H) Department. "Department" means the Department of Human | 16 | | Rights
created by this Act.
| 17 | | (I) Disability. "Disability" means a determinable physical | 18 | | or mental
characteristic of a person, including, but not | 19 | | limited to, a determinable
physical characteristic which | 20 | | necessitates the person's use of a guide,
hearing or support | 21 | | dog, the history of such characteristic, or the
perception of | 22 | | such characteristic by the person complained against, which
may | 23 | | result from disease, injury, congenital condition of birth or
| 24 | | functional disorder and which characteristic:
| 25 | | (1) For purposes of Article 2 is unrelated to the | 26 | | person's ability
to perform the duties of a particular job |
| | | HB1564 | - 3 - | LRB097 05566 AJO 47845 b |
|
| 1 | | or position and, pursuant to
Section 2-104 of this Act, a | 2 | | person's illegal use of drugs or alcohol is not a
| 3 | | disability;
| 4 | | (2) For purposes of Article 3, is unrelated to the | 5 | | person's ability
to acquire, rent or maintain a housing | 6 | | accommodation;
| 7 | | (3) For purposes of Article 4, is unrelated to a | 8 | | person's ability to
repay;
| 9 | | (4) For purposes of Article 5, is unrelated to a | 10 | | person's ability to
utilize and benefit from a place of | 11 | | public accommodation.
| 12 | | (J) Marital Status. "Marital status" means the legal status | 13 | | of being
married, single, separated, divorced or widowed.
| 14 | | (J-1) Military Status. "Military status" means a person's | 15 | | status on
active duty in or status as a veteran of the armed | 16 | | forces of the United States, status as a current member or | 17 | | veteran of any
reserve component of the armed forces of the | 18 | | United States, including the United
States Army Reserve, United | 19 | | States Marine Corps Reserve, United States Navy
Reserve, United | 20 | | States Air Force Reserve, and United States Coast Guard
| 21 | | Reserve, or status as a current member or veteran of the | 22 | | Illinois Army National Guard or Illinois Air National
Guard.
| 23 | | (K) National Origin. "National origin" means the place in | 24 | | which a
person or one of his or her ancestors was born.
| 25 | | (K-5) "Order of protection status" means a person's status | 26 | | as being a person protected under an order of protection issued |
| | | HB1564 | - 4 - | LRB097 05566 AJO 47845 b |
|
| 1 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 2 | | order of protection issued by a court of another state. | 3 | | (L) Person. "Person" includes one or more individuals, | 4 | | partnerships,
associations or organizations, labor | 5 | | organizations, labor unions, joint
apprenticeship committees, | 6 | | or union labor associations, corporations, the
State of | 7 | | Illinois and its instrumentalities, political subdivisions, | 8 | | units
of local government, legal representatives, trustees in | 9 | | bankruptcy
or receivers.
| 10 | | (M) Public Contract. "Public contract" includes every | 11 | | contract to which the
State, any of its political subdivisions | 12 | | or any municipal corporation is a
party.
| 13 | | (N) Religion. "Religion" includes all aspects of religious | 14 | | observance
and practice, as well as belief, except that with | 15 | | respect to employers, for
the purposes of Article 2, "religion" | 16 | | has the meaning ascribed to it in
paragraph (F) of Section | 17 | | 2-101.
| 18 | | (O) Sex. "Sex" means the status of being male or female.
| 19 | | (O-1) Sexual orientation. "Sexual orientation" means | 20 | | actual or
perceived heterosexuality, homosexuality, | 21 | | bisexuality, or gender-related identity,
whether or not | 22 | | traditionally associated with the person's designated sex at
| 23 | | birth. "Sexual orientation" does not include a physical or | 24 | | sexual attraction to a minor by an adult.
| 25 | | (P) Unfavorable Military Discharge. "Unfavorable military | 26 | | discharge"
includes discharges from the Armed Forces of the |
| | | HB1564 | - 5 - | LRB097 05566 AJO 47845 b |
|
| 1 | | United States, their
Reserve components or any National Guard | 2 | | or Naval Militia which are
classified as RE-3 or the equivalent | 3 | | thereof, but does not include those
characterized as RE-4 or | 4 | | "Dishonorable".
| 5 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 6 | | means discrimination
against a person because of his or her | 7 | | race, color, religion, national origin,
ancestry, age, sex, | 8 | | marital status, order of protection status, disability, | 9 | | military status, sexual
orientation,
or unfavorable
discharge | 10 | | from military service as those terms are defined in this | 11 | | Section.
| 12 | | (Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07; | 13 | | 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff. | 14 | | 1-1-10.)
| 15 | | (775 ILCS 5/3-104.2 new) | 16 | | Sec. 3-104.2. Arrest record. Unless otherwise authorized | 17 | | by law, it is a civil rights violation for the owner or agent | 18 | | of any housing accommodation to inquire into or to use the fact | 19 | | of an arrest or criminal history record information ordered | 20 | | expunged, sealed or impounded under Section 5.2 of the Criminal | 21 | | Identification Act as a basis to refuse to rent after the | 22 | | making of a bonafide offer, or to refuse to negotiate for the | 23 | | rental of, or otherwise make unavailable, any rental property.
|
|