Bill Text: IL HB5525 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Defines "source of income". Provides that this definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5525 Detail]
Download: Illinois-2023-HB5525-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||
5 | changing Sections 1-102 and 1-103 as follows:
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6 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | |||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 103-472 ) | |||||||||||||||||||||
8 | Sec. 1-102. Declaration of policy. It is the public | |||||||||||||||||||||
9 | policy of this State: | |||||||||||||||||||||
10 | (A) Freedom from Unlawful Discrimination. To secure for | |||||||||||||||||||||
11 | all individuals within Illinois the freedom from | |||||||||||||||||||||
12 | discrimination against any individual because of his or her | |||||||||||||||||||||
13 | race, color, religion, sex, national origin, ancestry, age, | |||||||||||||||||||||
14 | order of protection status, marital status, physical or mental | |||||||||||||||||||||
15 | disability, military status, sexual orientation, pregnancy, 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 | (C-5) Freedom from Discrimination Based on Work | ||||||
4 | Authorization Status-Employment. To prevent discrimination | ||||||
5 | based on the specific status or term of status that | ||||||
6 | accompanies a legal work authorization. | ||||||
7 | (D) Freedom from Discrimination Based on Familial Status | ||||||
8 | or Source of Income-Real Estate Transactions. To prevent | ||||||
9 | discrimination based on familial status or source of income in | ||||||
10 | real estate transactions. | ||||||
11 | (E) Public Health, Welfare and Safety. To promote the | ||||||
12 | public health, welfare and safety by protecting the interest | ||||||
13 | of all people in Illinois in maintaining personal dignity, in | ||||||
14 | realizing their full productive capacities, and in furthering | ||||||
15 | their interests, rights and privileges as citizens of this | ||||||
16 | State. | ||||||
17 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
18 | and guarantee the rights established by Sections 17, 18 and 19 | ||||||
19 | of Article I of the Illinois Constitution of 1970. | ||||||
20 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
21 | Equal Opportunity and Affirmative Action as the policies of | ||||||
22 | this State in all of its decisions, programs and activities, | ||||||
23 | and to assure that all State departments, boards, commissions | ||||||
24 | and instrumentalities rigorously take affirmative action to | ||||||
25 | provide equality of opportunity and eliminate the effects of | ||||||
26 | past discrimination in the internal affairs of State |
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1 | government and in their relations with the public. | ||||||
2 | (H) Unfounded Charges. To protect citizens of this State | ||||||
3 | against unfounded charges of unlawful discrimination, sexual | ||||||
4 | harassment in employment and sexual harassment in elementary, | ||||||
5 | secondary, and higher education, and discrimination based on | ||||||
6 | citizenship status or work authorization status in employment. | ||||||
7 | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .)
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8 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
9 | Sec. 1-102. Declaration of policy. It is the public | ||||||
10 | policy of this State: | ||||||
11 | (A) Freedom from Unlawful Discrimination. To secure for | ||||||
12 | all individuals within Illinois the freedom from | ||||||
13 | discrimination based on race, color, religion, sex, national | ||||||
14 | origin, ancestry, age, order of protection status, marital | ||||||
15 | status, physical or mental disability, military status, sexual | ||||||
16 | orientation, pregnancy, or unfavorable discharge from military | ||||||
17 | service in connection with employment, real estate | ||||||
18 | transactions, access to financial credit, and the availability | ||||||
19 | of public accommodations, including in elementary, secondary, | ||||||
20 | and higher education. | ||||||
21 | (B) Freedom from Sexual Harassment-Employment and | ||||||
22 | Elementary, Secondary, and Higher Education. To prevent sexual | ||||||
23 | harassment in employment and sexual harassment in elementary, | ||||||
24 | secondary, and higher education. | ||||||
25 | (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 | (C-5) Freedom from Discrimination Based on Work | ||||||
4 | Authorization Status-Employment. To prevent discrimination | ||||||
5 | based on the specific status or term of status that | ||||||
6 | accompanies a legal work authorization. | ||||||
7 | (D) Freedom from Discrimination Based on Familial Status | ||||||
8 | or Source of Income-Real Estate Transactions. To prevent | ||||||
9 | discrimination based on familial status or source of income in | ||||||
10 | real estate transactions because access to housing is a | ||||||
11 | fundamental human right . | ||||||
12 | (E) Public Health, Welfare and Safety. To promote the | ||||||
13 | public health, welfare and safety by protecting the interest | ||||||
14 | of all people in Illinois in maintaining personal dignity, in | ||||||
15 | realizing their full productive capacities, and in furthering | ||||||
16 | their interests, rights and privileges as citizens of this | ||||||
17 | State. | ||||||
18 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
19 | and guarantee the rights established by Sections 17, 18 and 19 | ||||||
20 | of Article I of the Illinois Constitution of 1970. | ||||||
21 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
22 | Equal Opportunity and Affirmative Action as the policies of | ||||||
23 | this State in all of its decisions, programs and activities, | ||||||
24 | and to assure that all State departments, boards, commissions | ||||||
25 | and instrumentalities rigorously take affirmative action to | ||||||
26 | provide equality of opportunity and eliminate the effects of |
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1 | past discrimination in the internal affairs of State | ||||||
2 | government and in their relations with the public. | ||||||
3 | (H) Unfounded Charges. To protect citizens of this State | ||||||
4 | against unfounded charges of prohibited discrimination in | ||||||
5 | employment, real estate transactions, financial credit, and | ||||||
6 | public accommodations, including in elementary, secondary, and | ||||||
7 | higher education. | ||||||
8 | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; | ||||||
9 | 103-472, eff. 8-1-24.)
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10 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
11 | Sec. 1-103. General definitions. When used in this Act, | ||||||
12 | unless the context requires otherwise, the term: | ||||||
13 | (A) Age. "Age" means the chronological age of a person who | ||||||
14 | is at least 40 years old, except with regard to any practice | ||||||
15 | described in Section 2-102, insofar as that practice concerns | ||||||
16 | training or apprenticeship programs. In the case of training | ||||||
17 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
18 | "age" means the chronological age of a person who is 18 but not | ||||||
19 | yet 40 years old. | ||||||
20 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
21 | is alleged or proved to have been injured by a civil rights | ||||||
22 | violation or believes he or she will be injured by a civil | ||||||
23 | rights violation under Article 3 that is about to occur. | ||||||
24 | (B-5) Arrest record. "Arrest record" means: | ||||||
25 | (1) an arrest not leading to a conviction; |
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1 | (2) a juvenile record; or | ||||||
2 | (3) criminal history record information ordered | ||||||
3 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
4 | Criminal Identification Act. | ||||||
5 | (C) Charge. "Charge" means an allegation filed with the | ||||||
6 | Department by an aggrieved party or initiated by the | ||||||
7 | Department under its authority. | ||||||
8 | (D) Civil rights violation. "Civil rights violation" | ||||||
9 | includes and shall be limited to only those specific acts set | ||||||
10 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
11 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
12 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
13 | (E) Commission. "Commission" means the Human Rights | ||||||
14 | Commission created by this Act. | ||||||
15 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
16 | by the Department with the Commission following an | ||||||
17 | investigation and finding of substantial evidence of a civil | ||||||
18 | rights violation. | ||||||
19 | (G) Complainant. "Complainant" means a person including | ||||||
20 | the Department who files a charge of civil rights violation | ||||||
21 | with the Department or the Commission. | ||||||
22 | (G-5) Conviction record. "Conviction record" means | ||||||
23 | information indicating that a person has been convicted of a | ||||||
24 | felony, misdemeanor or other criminal offense, placed on | ||||||
25 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
26 | enforcement or military authority. |
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1 | (H) Department. "Department" means the Department of Human | ||||||
2 | Rights created by this Act. | ||||||
3 | (I) Disability. | ||||||
4 | (1) "Disability" means a determinable physical or mental | ||||||
5 | characteristic of a person, including, but not limited to, a | ||||||
6 | determinable physical characteristic which necessitates the | ||||||
7 | person's use of a guide, hearing or support dog, the history of | ||||||
8 | such characteristic, or the perception of such characteristic | ||||||
9 | by the person complained against, which may result from | ||||||
10 | disease, injury, congenital condition of birth or functional | ||||||
11 | disorder and which characteristic: | ||||||
12 | (a) For purposes of Article 2, is unrelated to the | ||||||
13 | person's ability to perform the duties of a particular job | ||||||
14 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
15 | person's illegal use of drugs or alcohol is not a | ||||||
16 | disability; | ||||||
17 | (b) For purposes of Article 3, is unrelated to the | ||||||
18 | person's ability to acquire, rent, or maintain a housing | ||||||
19 | accommodation; | ||||||
20 | (c) For purposes of Article 4, is unrelated to a | ||||||
21 | person's ability to repay; | ||||||
22 | (d) For purposes of Article 5, is unrelated to a | ||||||
23 | person's ability to utilize and benefit from a place of | ||||||
24 | public accommodation; | ||||||
25 | (e) For purposes of Article 5, also includes any | ||||||
26 | mental, psychological, or developmental disability, |
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1 | including autism spectrum disorders. | ||||||
2 | (2) Discrimination based on disability includes unlawful | ||||||
3 | discrimination against an individual because of the | ||||||
4 | individual's association with a person with a disability. | ||||||
5 | (J) Marital status. "Marital status" means the legal | ||||||
6 | status of being married, single, separated, divorced, or | ||||||
7 | widowed. | ||||||
8 | (J-1) Military status. "Military status" means a person's | ||||||
9 | status on active duty in or status as a veteran of the armed | ||||||
10 | forces of the United States, status as a current member or | ||||||
11 | veteran of any reserve component of the armed forces of the | ||||||
12 | United States, including the United States Army Reserve, | ||||||
13 | United States Marine Corps Reserve, United States Navy | ||||||
14 | Reserve, United States Air Force Reserve, and United States | ||||||
15 | Coast Guard Reserve, or status as a current member or veteran | ||||||
16 | of the Illinois Army National Guard or Illinois Air National | ||||||
17 | Guard. | ||||||
18 | (K) National origin. "National origin" means the place in | ||||||
19 | which a person or one of his or her ancestors was born. | ||||||
20 | (K-5) "Order of protection status" means a person's status | ||||||
21 | as being a person protected under an order of protection | ||||||
22 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
23 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
24 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
25 | Act, or an order of protection issued by a court of another | ||||||
26 | state. |
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1 | (L) Person. "Person" includes one or more individuals, | ||||||
2 | partnerships, associations or organizations, labor | ||||||
3 | organizations, labor unions, joint apprenticeship committees, | ||||||
4 | or union labor associations, corporations, the State of | ||||||
5 | Illinois and its instrumentalities, political subdivisions, | ||||||
6 | units of local government, legal representatives, trustees in | ||||||
7 | bankruptcy or receivers. | ||||||
8 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
9 | or medical or common conditions related to pregnancy or | ||||||
10 | childbirth. | ||||||
11 | (M) Public contract. "Public contract" includes every | ||||||
12 | contract to which the State, any of its political | ||||||
13 | subdivisions, or any municipal corporation is a party. | ||||||
14 | (M-5) Race. "Race" includes traits associated with race, | ||||||
15 | including, but not limited to, hair texture and protective | ||||||
16 | hairstyles such as braids, locks, and twists. | ||||||
17 | (N) Religion. "Religion" includes all aspects of religious | ||||||
18 | observance and practice, as well as belief, except that with | ||||||
19 | respect to employers, for the purposes of Article 2, | ||||||
20 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
21 | Section 2-101. | ||||||
22 | (O) Sex. "Sex" means the status of being male or female. | ||||||
23 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
24 | actual or perceived heterosexuality, homosexuality, | ||||||
25 | bisexuality, or gender-related identity, whether or not | ||||||
26 | traditionally associated with the person's designated sex at |
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1 | birth. "Sexual orientation" does not include a physical or | ||||||
2 | sexual attraction to a minor by an adult. | ||||||
3 | (O-5) Source of income. "Source of income" means the | ||||||
4 | lawful manner by which an individual supports himself or | ||||||
5 | herself and his or her dependents. This definition prohibits a | ||||||
6 | person engaged in a real estate transaction from requiring a | ||||||
7 | credit check before approving another person in the process of | ||||||
8 | renting real property or requiring a move-in fee in lieu of a | ||||||
9 | security deposit or in addition to a security deposit. | ||||||
10 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
11 | discharge" includes discharges from the Armed Forces of the | ||||||
12 | United States, their Reserve components, or any National Guard | ||||||
13 | or Naval Militia which are classified as RE-3 or the | ||||||
14 | equivalent thereof, but does not include those characterized | ||||||
15 | as RE-4 or "Dishonorable". | ||||||
16 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
17 | means discrimination against a person because of his or her | ||||||
18 | actual or perceived: race, color, religion, national origin, | ||||||
19 | ancestry, age, sex, marital status, order of protection | ||||||
20 | status, disability, military status, sexual orientation, | ||||||
21 | pregnancy, or unfavorable discharge from military service as | ||||||
22 | those terms are defined in this Section. | ||||||
23 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
24 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
25 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
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