House & Apartment
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What kinds of characteristics are protected by the Illinois Human Rights Act?
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The Illinois Human Rights Act prohibits housing discrimination based on a person’s actual or perceived:
- Race, color, ancestry, national origin,
- Disability (physical or mental),
- Religion,
- Sex, sexual orientation (including gender-related identity),
- Pregnancy, reproductive health decisions,
- Military status, unfavorable military discharge,
- Age (40 or older),
- Order of Protection status,
- Marital status,
- Opposition to unlawful discrimination or sexual harassment (retaliation is illegal),
- Arrest record (arrests not leading to a conviction, juvenile records, and expunged, sealed, or impounded records),
- Familial status (families with children under 18 years old),
- Source of income, and
- Immigration status.
Which parties in real estate transactions have to follow housing discrimination laws?
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Housing discrimination laws apply to:
- Real estate owners, managers, and the owner’s agents, such as a real estate agent or salesperson,
- Builders and appraisers,
- Advertisers, and
- Home loan (mortgage) providers, like banks and loan brokers.
Learn more in the Illinois Department of Human Rights Fair Housing Rights Under Illinois Law FAQ.
What does housing discrimination in real estate transactions involve?
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- Refusing to sell,
- Making a home harder to get,
- Not communicating an offer,
- Misleading a person about property availability,
- Not sharing listings,
- Distributing written information that includes unlawful discrimination, like an illegally restricted listing,
- Saying they plan to discriminate,
- Continuing to advertise or participate in a transaction when they become aware of unlawful discrimination,
- Using illegal restrictive covenants to limit who can own or use property (learn more about unlawful restrictive covenants in Recording documents),
- Pushing people to live in or stay away from a particular area, and
- Discriminatory lending and appraisal practices.
Do housing discrimination laws apply to condominiums and cooperatives?
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Yes, housing discrimination laws apply to condominiums and cooperatives. This is true whether a person is renting or an owner.
Watch this video on Fair housing laws for condo associations and cooperatives for additional information. (This video is only available in English.)
What does housing discrimination look like in rental housing?
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There are many ways landlords can violate fair housing laws. For example, a landlord might:
- Refuse to rent,
- Make an apartment harder to get,
- Provide misleading information about the rental unit’s availability,
- Have terms in the lease or put conditions on renting that they do not have for other people,
- Offer a reduction in rent in return for sexual favors,
- Make sexual advances or demands,
- Discriminate in the:
- Privileges,
- Services, or
- Facilities provided at the apartment building or complex,
- Discriminate in advertising for the apartment,
- Threaten, coerce, intimidate, or interfere with someone for exercising a fair housing right or assisting others who are using that right, or
- Deny a reasonable accommodation or modification.
What are source of income protections for Illinois renters?
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The statewide source of income protections for Illinois renters require that housing providers must consider all lawful income when deciding whether a person can afford rent. This includes:
- Money from a job,
- Social security benefits (all types),
- Child support,
- Housing vouchers, including Housing Choice Vouchers (HCVs),
- Rental assistance,
- Veterans benefits, and
- Retirement benefits and pensions.
Learn more from the Illinois Department of Human Rights Source of Income Discrimination FAQ.
Note: Source of income protections went into effect in 2023. Some landlords may still need to update housing application criteria to comply.
Are renters with disabilities protected by Illinois housing discrimination laws?
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Yes, renters with disabilities have the right to:
- Make reasonable modifications, and
- Request reasonable accommodations.
Watch this video on Fair housing laws for individuals with disabilities for additional information. (This video is only available in English.)
What does disability mean in Illinois housing discrimination laws?
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When applying Illinois housing discrimination laws, people with disabilities:
- Have a physical or mental impairment that substantially hinders or impairs one or more major life activity,
- Have a record of such an impairment, or
- Are regarded as having such an impairment, even if they do not actually experience an impairment.
What kinds of major life activities could be involved in a disability covered by Illinois housing discrimination laws?
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Examples of major life activities include:
- Caring for oneself,
- Walking,
- Seeing,
- Hearing,
- Speaking,
- Breathing,
- Learning,
- Working,
- Bathing,
- Dressing,
- Eating,
- Interacting with others,
- Reading,
- Sitting,
- Standing,
- Sleeping,
- Thinking, and
- Concentrating.
What are reasonable modifications for a renter with a disability?
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Reasonable modifications are changes to the rental that are necessary for the person with disabilities to use or enjoy the premises. All landlords must allow a tenant with disabilities to make reasonable modifications.
Examples of common modifications include:
- Installation of a flashing light to enable a person with a hearing impairment to see that someone is ringing the doorbell,
- The construction of a ramp to allow a person in a wheelchair to enter the unit, and
- The replacement of doorknobs with lever handles for a person with severe arthritis.
What are reasonable accommodations for a renter with a disability?
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Reasonable accommodations are changes to rules, policies, or practices that allow people with disabilities to use and enjoy housing equally.
Examples of accommodations include:
- Allowing a guide, hearing, support, or service animal in a building that doesn't normally allow pets,
- Providing documents in alternative formats, such as large print or electronic form, and
- Providing a reserved parking space for someone with a mobility or respiratory disability.
Who pays for reasonable modifications to a rental unit?
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Whether the housing provider or the tenant must pay for reasonable modifications depends on the situation:
- If the building was financed with federal funds, the landlord may be required to pay for the modifications,
- Some landlords are not required to pay for modifications, and
- Landlords must allow tenants to make reasonable modifications if the tenant pays for the changes themselves.
The landlord may be allowed to require the tenant to restore the unit to the original condition when they move out.
Do renters in Champaign County have any protections against criminal history discrimination?
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Yes, Champaign County landlords cannot deny applications based on certain convictions for:
- Forcible felonies, or
- Drug felonies for sale, manufacture, or delivery of illegal drugs.
This only applies when the potential tenant:
- Was convicted and sentenced to prison,
- Has been out of prison for at least the last 2 consecutive years, and
- Has not been convicted of a forcible or drug felony during that time.
What protections against discrimination based on criminal history apply to Cook County properties?
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In Cook County, the Just Housing Amendment (JHA) prohibits discrimination in real estate transactions based on a person’s criminal record. This law sets rules for how landlords consider rental applications. Learn more about Cook County housing rights for people with a criminal record.
Do military personnel in Chicago have additional protections against discrimination based on military status?
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Yes, military personnel in Chicago who believe they have experienced discrimination based on military status can file a complaint with the Chicago Commission on Human Relations.
Chicago laws protect military personnel against discrimination based on being:
- On active duty,
- In any reserve component of any branch of any state or federal armed forces,
- Discharged from the military, regardless of discharge status, and
- A veteran.
It is illegal for a landlord to:
- Refuse to rent to service members who may be deployed during the duration of the lease,
- Refuse to rent to applicants who intend to use their G.I. Bill to pay for housing, or
- Refuse to rent to a military service member based on the fact that the person is a member of the military.
When a service member is called to duty and needs to end a lease, additional protections apply. Learn more about Ending a lease.
Who can help me with housing discrimination issues?
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Use Get Legal Help to find local legal resources to help resolve issues with housing discrimination.
Report problems with housing discrimination by filing a complaint with the Illinois Department of Human Rights. The complaint must be filed within one year (365 days) of the last alleged discriminatory act.
Worried about doing this on your own? You may be able to get free legal help.