House & Apartment

A law called the Just Housing Amendment (JHA) prohibits suburban Cook County landlords from discriminating against potential tenants based on their criminal record. To report suspected violations, file a complaint with the Cook County Commission on Human Rights.

VIDEO: Learn about the Just Housing Amendment.

The Cook County Commission on Human Rights also shares useful information about the JHA in:

• Frequently Asked Questions for Landlords and 
• Frequently Asked Questions for Applicants.

To learn even more about the Just Housing Amendment, read the text of the amendment and the rules for enforcing it.

JHA requirements and exceptions

The Just Housing Amendment (JHA) applies to all “real estate Property consisting of land or buildings like a house or an apartment transactions,” including the sale, rental, lease, or sublease renewal of residential properties. 

Except for certain convictions for sex offenses Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling , the JHA:

• Prohibits denying a housing application based on juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. or adult Any person 18 years old or over arrest records, 
• Limits the consideration of an applicant's criminal history to the last three years, and
• Requires landlords to perform an “individualized assessment” before denying housing based on criminal history.

Landlords can refuse to rent to applicants who are:

• Restricted on where they can live because of a past conviction When someone is declared guilty of a crime by a court for a sex offense, or
• Required to register because of a past conviction for a sex offense.

Criminal history

Criminal history includes any information about a person’s:

• Convictions,
• Arrests, dismissed Cases dismissed with no further action anticipated. charges, or citations that did not result in a conviction,
• Juvenile records,
• Sealed or expunged records,
• Records of an offense that has been pardoned, or
• Participation in a diversion Includes juveniles sent to the facility in lieu of adjudication as part of a diversion agreement. or deferral of judgment An official decision by a court that ends the dispute between parties program.

Rental application process

Before the tenant applies

The landlord An owner of property who rents it out to a tenant must give the applicant information about how they select tenants. If they consider convictions, the assessment must be related to protecting the personal safety of other tenants or property. It can't be based on stereotypes about people with conviction records.

Before accepting applications, a landlord who plans to not rent to people with past convictions for sex offenses or people required to register as sex offenders should state that as part of the application criteria. The landlord must also inform the applicant that they have the right to:

• Tell the landlord about wrong information on their criminal background check, and
• Provide evidence Anything used to show that something is true of their “rehabilitation,” such as letters and other documents (see above).

Finally, the landlord must provide a copy of the Just Housing Amendment rules.

The landlord may not take an application fee until all this information is given.

Prequalification

Landlords and property managers can't ask about an applicant's criminal record during "prequalification." This is when a landlord screens a tenant A person who rents a space to see if they satisfy criteria such as income, rental history, credit score, and pets.

At this stage, the landlord cannot consider the applicant’s conviction record to deny To refuse or say no them. The landlord must decide whether to allow the applicant to continue the application process based on other information and notify the applicant if they plan to run a criminal background check.

During prequalification, landlords and property managers can't base any decisions on criminal history. For example, they can't:

• Ask people to check a box on the application if they have a criminal record,
• Put up an ad or sign that suggests criminal record discrimination, such as "no felons," "no convicted drug dealers," or "no arrest history,"
• Change the price, terms, conditions, or privileges of a sale or rental agreement due to criminal history,
• Refuse to allow a person to see a property for sale or rent, or say it's no longer available, based on the person's criminal history, or
• Offer to buy property based on the fact that its value is going down because people with a criminal record are moving in (“blockbusting”).

Note: The JHA does not require landlords to conduct criminal background checks.

Individualized assessment

If an applicant has passed prequalification, the landlord has the option to look at their conviction(s) from within the past three years before approving the lease. If the landlord chooses to look at criminal history, they must allow the applicant to show why the record does not impact the applicant’s ability to be a good tenant.

Within three days of receiving a criminal background check, the landlord must give a copy to the applicant:

• By hand,
• Through certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered , or
• Through electronic communication (like email or text message).

The landlord must otherwise keep the background check confidential.

The tenant has 5 business days to dispute any information in the report. They can also argue that the information is not relevant to their ability to be a good tenant.

The landlord must perform an “individualized assessment,” which means considering the applicant as a whole before rejecting them. This assessment can only look at convictions in the past three years except for past convictions for sex offenses or the requirement that a person register as a sex offender. 

During the assessment, the landlord must consider the following relevant factors:

• The conduct that led to the conviction,
• How severe the conduct was,
• How recent the conduct was,
• The sentence,
• The number of convictions,
• The amount of time since the most recent conviction,
• The applicant’s age at the time of the most recent conviction,
• The applicant’s history as a tenant,
• Whether the conviction was related to the applicant’s disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. , and
• If the applicant has a disability, whether the landlord could make a reasonable accommodation A change to a location or job that will help a person with a disability for them.

The landlord must also consider the applicant’s conduct since the conviction. They must consider whether it shows the applicant’s conduct has improved. This is called “evidence of rehabilitation,” and it includes:

• Following the rules of their sentence,
• Certificates of good conduct,
• Employer recommendations,
• Education or job training,
• Treatment, and
• Letters from people who have been around the applicant since their conviction.

The landlord must focus on whether the evidence shows that the applicant is likely to follow the rules of the lease.

Approval or denial of the tenant's application

The landlord must tell the applicant their decision within three business days of receiving information from the applicant disputing the report, or arguing it’s not relevant.

A denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. based on an applicant's criminal record must be in writing. The written denial also must:

• Explain why denial is necessary to protect against risk of harm to personal safety or property, and
• Include a statement informing the applicant that they can file a complaint with the Cook County Commission on Human Rights.

If the applicant has a disability, the decision must be based on objective evidence. It must also be based on a decision that the risk cannot be reduced or removed by making a reasonable change to accommodate them.