Bill Title: Amends the Illinois Human Rights Act. Provides that it is a civil rights violation, because of immigration status, to: refuse to engage in a real estate transaction or otherwise make unavailable or deny real property; alter the terms, conditions, or privileges of a real estate transaction; refuse to receive or fail to transmit a bona fide offer in a real estate transaction from a person; refuse to negotiate a real estate transaction with a person; represent to a person that real property is not available for inspection, sale, rental, or lease, fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property; make, print, circulate, post, mail, publish, or cause such actions, any notice, statement, advertisement, or sign, use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction that indicates any preference, limitation, or discrimination based on immigration status, or an intention to make such preference, limitation, or discrimination; offer, solicit, accept, use, or retain a listing of real property with knowledge that discrimination based on immigration status in a real estate transaction is intended; refuse to engage in loan modification services; alter the terms, conditions, or privileges of loan modification services; discriminate in making loan modification services available; solicit for sale, lease, listing, or purchase any residential real estate on the grounds of loss of value due to the present or prospective entry into the vicinity of the property involved of any person of any particular immigration status; distribute or cause to be distributed, written material or statements designed to induce any owner of residential real estate to sell or lease property because of any present or prospective changes in the immigration status of residents in the vicinity of the property involved; or intentionally create alarm by transmitting communications to induce any owner of residential real estate to sell or lease property because of any present or prospective entry into the vicinity of the property involved of any person of any particular immigration status. Provides that nothing prohibits inquiry into or the use of immigration status if the inquiry or use is otherwise required by federal law. Makes other changes.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0232
[SB1817 Detail]Download: Illinois-2023-SB1817-Chaptered.html
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| Public Act 103-0232
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| SB1817 Enrolled | LRB103 27774 LNS 54152 b |
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by |
changing Sections 3-101, 3-102, 3-102.10, 3-103, 3-104.1, and |
3-106 as follows:
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(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
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Sec. 3-101. Definitions. The following definitions are |
applicable strictly
in the context of this Article:
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(A) Real Property. "Real property" includes buildings, |
structures, real
estate, lands, tenements, leaseholds, |
interests in real estate cooperatives,
condominiums, and |
hereditaments, corporeal and incorporeal, or any interest
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therein.
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(B) Real Estate Transaction. "Real estate transaction" |
includes the
sale, exchange, rental or lease of real property. |
"Real estate
transaction" also includes the brokering or |
appraising of residential real
property and the making or |
purchasing of loans or providing other financial assistance:
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(1) for purchasing, constructing, improving, repairing or |
maintaining a dwelling; or
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(2) secured by residential real estate.
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(C) Housing Accommodations. "Housing accommodation" |
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includes any improved
or unimproved real property, or part |
thereof, which is used or occupied,
or is intended, arranged |
or designed to be used or occupied, as the home
or residence of |
one or more individuals.
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(D) Real Estate Broker or Salesman. "Real estate broker or |
salesman"
means a person, whether licensed or not, who, for or |
with the expectation
of receiving a consideration, lists, |
sells, purchases, exchanges, rents,
or leases real property, |
or who negotiates or attempts to negotiate any
of these |
activities, or who holds oneself himself or herself out as |
engaged in these.
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(E) Familial Status. "Familial status" means one or more |
individuals
(who have not attained the age of 18 years) being |
domiciled with:
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(1) a parent or person having legal custody of such |
individual or individuals; or
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(2) the designee of such parent or other person having |
such custody,
with the written permission of such parent or
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other person.
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The protections afforded by this Article against |
discrimination on the
basis of familial status apply to any |
person who is pregnant or is in the
process of securing legal |
custody of any individual who has not attained
the age of 18 |
years.
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(F) Conciliation. "Conciliation" means the attempted |
resolution of
issues raised by a charge, or by the |
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investigation of
such charge, through informal negotiations |
involving the
aggrieved party, the respondent and the |
Department.
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(G) Conciliation Agreement. "Conciliation agreement" means |
a written
agreement setting forth the resolution of the issues |
in conciliation.
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(H) Covered Multifamily Dwellings. As used in Section |
3-102.1, "covered
multifamily dwellings" means:
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(1) buildings consisting of 4 or more units if such |
buildings have one
or more elevators; and
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(2) ground floor units in other buildings consisting of 4 |
or more units. |
(I) Immigration Status. "Immigration status" means a |
person's actual or perceived citizenship or immigration |
status.
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(Source: P.A. 86-820; 86-910; 86-1028.)
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(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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Sec. 3-102. Civil rights violations; real estate |
transactions and other prohibited acts. It
is a civil rights |
violation for an owner or any other person engaging in
a real |
estate transaction, or for a real estate broker or salesman,
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because of unlawful discrimination, familial status, |
immigration status, source of income, or an arrest record, as |
defined under subsection (B-5) of Section 1-103, to:
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(A) Transactions. Transaction. Refuse to engage in a |
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real estate transaction with
a person or to discriminate |
in making available such a transaction;
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(B) Terms. Alter the terms, conditions or privileges |
of a real
estate transaction or in the furnishing of |
facilities or services in
connection therewith;
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(C) Offers. Offer. Refuse to receive or to fail to |
transmit a bona fide
offer to engage in a real estate |
transaction from a person;
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(D) Negotiation. Refuse to negotiate for a real estate |
transaction
with a person;
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(E) Representations. Represent to a person that real |
property is
not available for inspection, sale, rental, or |
lease when in fact it is
so available, or to fail to bring |
a property listing to the person's his or her
attention, |
or to refuse to permit the person him or her to inspect |
real property;
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(F) Publication of Intent. Make, print, circulate, |
post, mail, publish or cause to be made, printed, |
circulated, posted, mailed, or published any notice, |
statement, advertisement or sign, or use a form of |
application for a real estate transaction, or make a |
record or inquiry in connection with a prospective real |
estate transaction, that indicates any preference, |
limitation, or discrimination based on unlawful |
discrimination or unlawful discrimination based on |
familial status, immigration status, source of income, or |
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an arrest record, or an intention to make any such |
preference, limitation, or discrimination;
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(G) Listings. Offer, solicit, accept, use or retain a |
listing of
real property with knowledge that unlawful |
discrimination or
discrimination on the basis of familial |
status, immigration status, source of income, or an arrest |
record in a real estate
transaction is intended.
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(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
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(775 ILCS 5/3-102.10) |
Sec. 3-102.10. Third-party loan modification service |
provider. |
(A) It is a civil rights violation for a third-party loan |
modification service provider, because of unlawful |
discrimination, familial status, immigration status, source of |
income, or an arrest record, to: |
(1) refuse to engage in loan modification services; |
(2) alter the terms, conditions, or privileges of such
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services; or |
(3) discriminate in making such services available, |
including, but not limited to, by making a statement, |
advertisement, representation, inquiry, listing, offer, or |
solicitation that indicates a preference or the intention |
to make such a preference in making such services |
available. |
(B) For purposes of this Section, "third-party loan |
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modification service provider" means a person or entity, |
whether licensed or not, who, for or with the expectation of |
receiving consideration, provides assistance or services to a |
loan borrower to obtain a modification to a term of an existing |
real estate loan or to obtain foreclosure relief. "Third-party |
loan modification service provider" does not include lenders, |
brokers or appraisers of mortgage loans, or the servicers, |
subsidiaries, affiliates, or agents of the lender.
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(Source: P.A. 102-362, eff. 1-1-22.)
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(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
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Sec. 3-103. Blockbusting. It is a civil rights violation |
for any
person to:
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(A) Solicitation. Solicit for sale, lease, listing or |
purchase any
residential real estate within this State, on |
the grounds of loss of
value due to the present or |
prospective entry into the vicinity of the
property |
involved of any person or persons of any particular race,
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color, religion, national origin, ancestry, age, sex, |
sexual orientation,
marital status,
familial status, |
immigration status, source of income, or
disability.
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(B) Statements. Distribute or cause to be distributed, |
written
material or statements designed to induce any |
owner of residential real
estate in this State to sell or |
lease the owner's his or her property because of any
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present or prospective changes in the race, color, |
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religion, national
origin, ancestry, age, sex, sexual |
orientation, marital status, familial
status, immigration |
status, source of income, or disability
of residents in
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the vicinity of the property involved.
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(C) Creating Alarm. Intentionally create alarm, among |
residents of
any community, by transmitting communications |
in any manner, including
a telephone call
whether or not |
conversation thereby ensues, with a design to induce any
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owner of residential real estate in this state to sell or |
lease the owner's his or
her property because of any |
present or prospective entry into the
vicinity of the |
property involved of any person or persons of any
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particular race, color, religion, national origin, |
ancestry, age, sex, sexual
orientation, marital
status, |
familial status, immigration status, source of income, or |
disability.
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(Source: P.A. 102-896, eff. 1-1-23.)
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(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
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Sec. 3-104.1. Refusal to sell or rent because a person has |
a guide,
hearing or support dog. It is a civil rights violation |
for the
owner or agent of any housing accommodation to:
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(A) refuse to sell or rent after the making of a bona |
fide bonafide offer, or to
refuse to negotiate for the |
sale or rental of, or otherwise make unavailable
or deny |
property to any blind or hearing impaired person or person |
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with a physical disability because the blind or hearing |
impaired person or person with a physical disability he |
has a guide, hearing, or support dog; or
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(B) discriminate against any blind or hearing impaired |
person or person with a physical disability in the terms, |
conditions, or privileges of sale or
rental property, or |
in the provision of services or facilities in connection
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therewith, because the blind or hearing impaired person or |
person with a physical disability he has a guide, hearing, |
or support dog; or
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(C) require, because a blind or hearing impaired |
person or person with a physical disability has a guide, |
hearing, or support dog,
an extra charge in a lease, |
rental agreement, or contract of purchase or
sale, other |
than for actual damage done to the premises by the dog.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 |
shall
prohibit:
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(A) Private Sales of Single Family Homes. |
(1) Any sale of a single
family home by its owner so |
long as the following criteria are met:
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(a) The owner does not own or have a beneficial |
interest in more
than 3 three single family homes at |
the time of the sale;
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(b) The owner or a member of the owner's his or her |
family was the last current
resident of the home;
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(c) The home is sold without the use in any manner |
of the sales or
rental facilities or services of any |
real estate broker or salesman, or
of any employee or |
agent of any real estate broker or salesman;
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(d) The home is sold without the publication, |
posting or mailing,
after notice, of any advertisement |
or written notice in violation of
paragraph (F) of |
Section 3-102.
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(2) This exemption does not apply to paragraph (F) of |
Section 3-102.
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(B) Apartments. Rental of a housing accommodation in a |
building
which contains housing accommodations for not more |
than 4 families
living independently of each other, if the |
owner resides in one of the housing accommodations.
This |
exemption does not apply to paragraph (F) of Section 3-102.
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(C) Private Rooms. Rental of a room or rooms in a private |
home by
an owner if the owner he or she or a member of the |
owner's his or her family resides therein or,
while absent for |
a period of not more than 12 twelve months, if the owner he or |
she or a
member of the owner's his or her family intends to |
return to reside therein.
This exemption does not apply to |
paragraph (F) of Section 3-102.
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(D) Reasonable local, State, or Federal restrictions
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regarding the maximum number of occupants permitted to occupy |
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a dwelling.
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(E) Religious Organizations. A religious organization, |
association,
or society, or any nonprofit institution or |
organization operated,
supervised or controlled by or in |
conjunction with a religious
organization, association, or |
society, from limiting the sale, rental or
occupancy of a |
dwelling which it owns or operates for other than a
commercial |
purpose to persons of the same religion, or from giving
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preference to such persons, unless membership in such religion |
is
restricted on account of race, color, or national origin.
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(F) Sex. Restricting the rental of rooms in a housing |
accommodation to
persons of one sex.
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(G) Persons Convicted of Drug-Related Offenses.
Conduct |
against a person because such person has been convicted by
any |
court of competent jurisdiction of the illegal manufacture or
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distribution of a controlled substance as defined in Section |
102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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(H) Persons engaged in the business of furnishing |
appraisals of real
property from taking into consideration |
factors other than those based on
unlawful discrimination or |
familial status or source of income in furnishing appraisals.
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(H-1) The owner of an owner-occupied residential building |
with 4 or
fewer units (including the unit in which the owner |
resides) from making
decisions regarding whether to rent to a |
person based upon that person's
sexual orientation.
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(I) Housing for Older Persons. No provision in this |
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Article regarding
familial status shall apply with respect to |
housing for older persons.
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(1) As used in this Section, "housing for older |
persons" means housing:
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(a) provided under any State or Federal program |
that the Department
determines is specifically |
designed and operated to assist elderly persons
(as |
defined in the State or Federal program); or
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(b) intended for, and solely occupied by, persons |
62 years of age or
older;
or
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(c) intended and operated for occupancy by persons |
55 years of age or
older and:
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(i) at least 80% of the occupied units are |
occupied by at
least one person who is 55 years of |
age or older;
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(ii) the housing facility or community |
publishes and adheres to
policies and procedures
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that demonstrate the intent required under this
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subdivision (c); and
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(iii) the housing facility or community |
complies with rules adopted by
the
Department for |
verification of occupancy, which shall:
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(aa) provide for verification by reliable |
surveys and affidavits;
and
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(bb) include examples of the types of |
policies and procedures
relevant to
a |
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determination of compliance with the |
requirement of clause (ii).
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These surveys and affidavits shall be admissible in |
administrative and
judicial proceedings for the purposes |
of such verification.
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(2) Housing shall not fail to meet the requirements |
for housing for
older persons by reason of:
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(a) persons residing in such housing as of the |
effective date of this
amendatory Act of 1989 who do |
not meet the age requirements of subsections
(1)(b) or |
(c); provided, that new occupants of such housing meet |
the age
requirements of
subsections (1)(b) or (c) of |
this subsection; or
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(b) unoccupied units; provided, that such units |
are reserved for
occupancy by persons who meet the age |
requirements of subsections (1)(b)
or (c) of this |
subsection.
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(3)(a) A person shall not be held personally liable |
for monetary damages
for a violation of this Article if |
the person reasonably relied, in good
faith, on the |
application of the exemption under this subsection (I) |
relating
to housing for older persons.
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(b) For the purposes of this item (3), a person may |
show good faith
reliance on the application of the |
exemption only by showing that:
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(i) the person has no actual knowledge that the |
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facility or community
is
not, or will not be, eligible |
for the exemption; and
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(ii) the facility or community has stated |
formally, in writing, that
the
facility or community |
complies with the requirements for the exemption.
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(J) Child Sex Offender Refusal to Rent. Refusal of a child |
sex offender who owns and resides at residential real estate |
to rent any residential unit within the same building in which |
the child sex offender he or she resides to a person who is the |
parent or guardian of a child or children under 18 years of |
age. |
(K) Arrest Records. Inquiry into or the use of an arrest |
record if the inquiry or use is otherwise authorized by State |
or federal law. |
(L) Financial Institutions. A financial institution as |
defined in Article 4 from considering source of income or |
immigration status in a real estate transaction in compliance |
with State or federal law. |
(M) Immigration Status. Inquiry into or the use of |
immigration status if the inquiry or use is in compliance with |
State or federal law. |
(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)
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