Bill Text: IL SB1441 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that 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, because of a conviction record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to negotiate for a real estate transaction with a person; 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 his or her attention, or to refuse to permit him or her to inspect real property; 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 a conviction record or an intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that discrimination on the basis of a conviction record in a real estate transaction is intended. Provides that it is a civil rights violation for a third-party loan modification service provider, because of a conviction record, to: refuse to engage in loan modification services; alter the terms, conditions, or privileges of such services; or discriminate in making such services available. Provides that nothing contained in the provision regarding civil rights violations in real estate transactions shall prohibit inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-04-19 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1441 Detail]

Download: Illinois-2023-SB1441-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1441 Introduced 2/7/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
775 ILCS 5/3-102 from Ch. 68, par. 3-102
775 ILCS 5/3-102.10
775 ILCS 5/3-106 from Ch. 68, par. 3-106
Amends the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that 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, because of a conviction record to: refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; alter the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; refuse to negotiate for a real estate transaction with a person; 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 his or her attention, or to refuse to permit him or her to inspect real property; 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 a conviction record or an intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that discrimination on the basis of a conviction record in a real estate transaction is intended. Provides that it is a civil rights violation for a third-party loan modification service provider, because of a conviction record, to: refuse to engage in loan modification services; alter the terms, conditions, or privileges of such services; or discriminate in making such services available. Provides that nothing contained in the provision regarding civil rights violations in real estate transactions shall prohibit inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law.
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A BILL FOR
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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 3-102, 3-102.10, and 3-106 as follows:
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
Sec. 3-102. Civil rights violations; real estate
transactions. 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, because of unlawful
discrimination, familial status, source of income, or an
arrest record, as defined under subsection (B-5) of Section
1-103, or a conviction record, as defined under subsection
(G-5) of Section 1-103, to:
(A) Transaction. Refuse to engage in a real estate
transaction with a person or to discriminate in making
available such a transaction;
(B) Terms. Alter the terms, conditions, or privileges
of a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(C) 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;
(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 his or her attention, or to refuse to
permit him or her to inspect real property;
(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, source of income, or an arrest record, or
a conviction record, or an intention to make any such
preference, limitation, or discrimination;
(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, source of income, or an arrest record, or a
conviction record in a real estate transaction is
intended.
(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, or an arrest record, or a
conviction record, to:
(1) refuse to engage in loan modification services;
(2) alter the terms, conditions, or privileges of such
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
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.)
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions. Nothing contained in Section 3-102
shall prohibit:
(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:
(a) The owner does not own or have a beneficial
interest in more than three single family homes at the
time of the sale;
(b) The owner or a member of his or her family was
the last current resident of the home;
(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;
(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.
(2) This exemption does not apply to paragraph (F) of
Section 3-102.
(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

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owner resides in one of the housing accommodations. This
exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private
home by an owner if he or she or a member of his or her family
resides therein or, while absent for a period of not more than
twelve months, if he or she or a member of his or her family
intends to return to reside therein.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy
a dwelling.
(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
preference to such persons, unless membership in such religion
is restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing
accommodation to persons of one sex.
(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
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.
(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.
(I) Housing for Older Persons. No provision in this
Article regarding familial status shall apply with respect to
housing for older persons.
(1) As used in this Section, "housing for older
persons" means housing:
(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
(b) intended for, and solely occupied by, persons
62 years of age or older; or
(c) intended and operated for occupancy by persons
55 years of age or older and:
(i) at least 80% of the occupied units are
occupied by at least one person who is 55 years of
age or older;
(ii) the housing facility or community
publishes and adheres to policies and procedures

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that demonstrate the intent required under this
subdivision (c); and
(iii) the housing facility or community
complies with rules adopted by the Department for
verification of occupancy, which shall:
(aa) provide for verification by reliable
surveys and affidavits; and
(bb) include examples of the types of
policies and procedures relevant to a
determination of compliance with the
requirement of clause (ii).
These surveys and affidavits shall be admissible in
administrative and judicial proceedings for the purposes
of such verification.
(2) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
(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
(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.
(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:
(i) the person has no actual knowledge that the
facility or community is not, or will not be, eligible
for the exemption; and
(ii) the facility or community has stated
formally, in writing, that the facility or community
complies with the requirements for the exemption.
(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
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.
(K-1) Conviction Records. Inquiry into or the use of a
conviction record if the inquiry or use is otherwise
authorized by State or federal law.
(L) Financial Institutions. A financial institution as

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defined in Article 4 from considering source of income in a
real estate transaction in compliance with State or federal
law.
(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)