House & Apartment
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Have you been trying to rent an apartment or buy a house? If you encounter discrimination, file a complaint with the Illinois Department of Human Rights (IDHR).
You must file your complaint within one year (365 days) of the last act of the alleged discrimination.
In the complaint, you will need to describe the housing discrimination by:
- Showing direct evidence. This could be a statement by a landlord. It must state that they don't like people who are part of a category protected by law. See the list below for the protected categories in Illinois.
- Showing indirect evidence. This could be statements or actions toward other tenants. It can include anything that suggests that the landlord was discriminating against you.
- Showing proof that (1) you are a member of a "protected class" under the Illinois Human Rights Act and (2) your landlord harassed or treated you unfairly based on your protected class. This proof should show that people outside the protected class were treated better.
Note: In some situations, you may have the right to file a complaint with the federal Department of Housing and Urban Development (HUD). You can learn more from their Report Housing Discrimination page.
Protected categories in Illinois
The Illinois Human Rights Act prohibits housing discrimination based on your actual or perceived:
- Race,
- Color,
- Ancestry,
- National Origin,
- Religion,
- Sex,
- Sexual orientation (including gender-related identity),
- Age (40 and over),
- Disability (physical or mental),
- Association with a person with a disability,
- Pregnancy,
- Marital or familial status (having children under 18 years old),
- Order of protection status,
- Military status,
- Unfavorable military discharge,
- Certain criminal records (juvenile record, expunged/sealed record, or arrest not leading to conviction),
- Source of income (learn more about source of income discrimination),
- Retaliation,
- Immigration status, or
- Starting January 1, 2025, reproductive health decisions.
Common examples of housing discrimination
There are many ways landlords can discriminate. For example, the landlord could:
- Refuse to rent to you,
- Make an apartment harder to get,
- Mislead you 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 you for exercising a fair housing right or assisting others who are using that right, or
- Deny you a reasonable accommodation.
Disabilities and housing discrimination
For Illinois housing discrimination law, people with disabilities are people who:
- 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 don't actually experience an impairment.
Major life activities
Examples of major life activities include:
- Caring for yourself,
- Walking,
- Seeing,
- Hearing,
- Speaking,
- Breathing,
- Learning,
- Working,
- Bathing,
- Dressing,
- Eating,
- Interacting with others,
- Reading,
- Sitting,
- Standing,
- Sleeping,
- Thinking, and
- Concentrating.
Housing rights of people with disabilities
Violating any of these rights is housing discrimination.
Reasonable modifications
You have the right to make reasonable modifications to places you rent if those modifications are necessary for you to use or enjoy the premises.
Examples of 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.
Some landlords aren't required to pay for these modifications. All landlords must allow them to be made at the expense of the tenant. If the building was financed with federal funds, the landlord may be required to pay for the modifications.
Reasonable accommodations
You have the right to request reasonable accommodations. 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.
Note: With certain exceptions, a landlord cannot legally ask whether you have a "handicap." They also cannot ask about its nature or severity.
Chicago military personnel
If you believe you have been discriminated against in Chicago based on your military status, you can file a complaint with the Chicago Commission on Human Relations. Chicago has laws that protect:
- People who are on active duty,
- People who are in any reserve component of any branch of any state or federal armed forces, and
- Veterans.
This includes discrimination based on military discharge status.
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.
Note: If deployment happens during the lease term and appropriate notice is given to the landlord, the landlord must be willing to terminate the lease without penalty if the service member cannot arrange for continued rent payments during such deployment.
Worried about doing this on your own? You may be able to get free legal help.