Bill Text: IL SB1780 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends 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, because of an arrest 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 receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or 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 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 an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.
Spectrum: Partisan Bill (Democrat 46-2)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0565 [SB1780 Detail]
Download: Illinois-2019-SB1780-Enrolled.html
Bill Title: Amends 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, because of an arrest 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 receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; refuse to negotiate for a real estate transaction with a person; represent a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or 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 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 an arrest record, or any intention to make any such preference, limitation, or discrimination; or offer, solicit, accept, use, or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of an arrest record in a real estate transaction is intended. Provides that the prohibition against the use of an arrest record shall not preclude an owner or any other person engaging in a real estate transaction from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises. Makes conforming changes. Effective January 1, 2020.
Spectrum: Partisan Bill (Democrat 46-2)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0565 [SB1780 Detail]
Download: Illinois-2019-SB1780-Enrolled.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 1-103, 2-103, 3-102, and 3-106 and by adding | ||||||
6 | Section 3-102.5 as follows:
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7 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
8 | Sec. 1-103. General definitions. When used in this Act, | ||||||
9 | unless the
context requires otherwise, the term:
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10 | (A) Age. "Age" means the chronological age of a person who | ||||||
11 | is at least
40 years old, except with regard to any practice | ||||||
12 | described in Section
2-102, insofar as that practice concerns | ||||||
13 | training or apprenticeship
programs. In the case of training or | ||||||
14 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
15 | "age" means the chronological age of a person
who is 18 but not | ||||||
16 | yet 40 years old.
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17 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
18 | is alleged
or proved to have been injured by a civil rights | ||||||
19 | violation or believes he
or she will be injured by a civil | ||||||
20 | rights violation under Article 3 that is
about to occur.
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21 | (B-5) Arrest record. "Arrest record" means: | ||||||
22 | (1) an arrest not leading to a conviction; | ||||||
23 | (2) a juvenile record; or |
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1 | (3) criminal history record information ordered | ||||||
2 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
3 | Criminal Identification Act. | ||||||
4 | (C) Charge. "Charge" means an allegation filed with the | ||||||
5 | Department
by an aggrieved party or initiated by the Department | ||||||
6 | under its
authority.
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7 | (D) Civil rights violation. "Civil rights violation" | ||||||
8 | includes and
shall be limited to only those specific acts set | ||||||
9 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
10 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
11 | 6-101, and 6-102 of this Act.
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12 | (E) Commission. "Commission" means the Human Rights | ||||||
13 | Commission
created by this Act.
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14 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
15 | by
the Department with the Commission following an | ||||||
16 | investigation and
finding of substantial evidence of a civil | ||||||
17 | rights violation.
| ||||||
18 | (G) Complainant. "Complainant" means a person including | ||||||
19 | the
Department who files a charge of civil rights violation | ||||||
20 | with the Department or
the Commission.
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21 | (H) Department. "Department" means the Department of Human | ||||||
22 | Rights
created by this Act.
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23 | (I) Disability. "Disability" means a determinable physical | ||||||
24 | or mental
characteristic of a person, including, but not | ||||||
25 | limited to, a determinable
physical characteristic which | ||||||
26 | necessitates the person's use of a guide,
hearing or support |
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1 | dog, the history of such characteristic, or the
perception of | ||||||
2 | such characteristic by the person complained against, which
may | ||||||
3 | result from disease, injury, congenital condition of birth or
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4 | functional disorder and which characteristic:
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5 | (1) For purposes of Article 2 , is unrelated to the | ||||||
6 | person's ability
to perform the duties of a particular job | ||||||
7 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
8 | person's illegal use of drugs or alcohol is not a
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9 | disability;
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10 | (2) For purposes of Article 3, is unrelated to the | ||||||
11 | person's ability
to acquire, rent , or maintain a housing | ||||||
12 | accommodation;
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13 | (3) For purposes of Article 4, is unrelated to a | ||||||
14 | person's ability to
repay;
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15 | (4) For purposes of Article 5, is unrelated to a | ||||||
16 | person's ability to
utilize and benefit from a place of | ||||||
17 | public accommodation;
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18 | (5) For purposes of Article 5, also includes any | ||||||
19 | mental, psychological, or developmental disability, | ||||||
20 | including autism spectrum disorders. | ||||||
21 | (J) Marital status. "Marital status" means the legal status | ||||||
22 | of being
married, single, separated, divorced , or widowed.
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23 | (J-1) Military status. "Military status" means a person's | ||||||
24 | status on
active duty in or status as a veteran of the armed | ||||||
25 | forces of the United States, status as a current member or | ||||||
26 | veteran of any
reserve component of the armed forces of the |
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1 | United States, including the United
States Army Reserve, United | ||||||
2 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
3 | States Air Force Reserve, and United States Coast Guard
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4 | Reserve, or status as a current member or veteran of the | ||||||
5 | Illinois Army National Guard or Illinois Air National
Guard.
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6 | (K) National origin. "National origin" means the place in | ||||||
7 | which a
person or one of his or her ancestors was born.
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8 | (K-5) "Order of protection status" means a person's status | ||||||
9 | as being a person protected under an order of protection issued | ||||||
10 | pursuant to the Illinois Domestic Violence Act of 1986, Article | ||||||
11 | 112A of the Code of Criminal Procedure of 1963, the Stalking No | ||||||
12 | Contact Order Act, or the Civil No Contact Order Act, or an | ||||||
13 | order of protection issued by a court of another state. | ||||||
14 | (L) Person. "Person" includes one or more individuals, | ||||||
15 | partnerships,
associations or organizations, labor | ||||||
16 | organizations, labor unions, joint
apprenticeship committees, | ||||||
17 | or union labor associations, corporations, the
State of | ||||||
18 | Illinois and its instrumentalities, political subdivisions, | ||||||
19 | units
of local government, legal representatives, trustees in | ||||||
20 | bankruptcy
or receivers.
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21 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
22 | or medical or common conditions related to pregnancy or | ||||||
23 | childbirth. | ||||||
24 | (M) Public contract. "Public contract" includes every | ||||||
25 | contract to which the
State, any of its political subdivisions , | ||||||
26 | or any municipal corporation is a
party.
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1 | (N) Religion. "Religion" includes all aspects of religious | ||||||
2 | observance
and practice, as well as belief, except that with | ||||||
3 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
4 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
5 | 2-101.
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6 | (O) Sex. "Sex" means the status of being male or female.
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7 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
8 | actual or
perceived heterosexuality, homosexuality, | ||||||
9 | bisexuality, or gender-related identity,
whether or not | ||||||
10 | traditionally associated with the person's designated sex at
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11 | birth. "Sexual orientation" does not include a physical or | ||||||
12 | sexual attraction to a minor by an adult.
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13 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
14 | discharge"
includes discharges from the Armed Forces of the | ||||||
15 | United States, their
Reserve components , or any National Guard | ||||||
16 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
17 | thereof, but does not include those
characterized as RE-4 or | ||||||
18 | "Dishonorable".
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19 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
20 | means discrimination
against a person because of his or her | ||||||
21 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
22 | marital status, order of protection status, disability, | ||||||
23 | military status, sexual
orientation, pregnancy,
or unfavorable
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24 | discharge from military service as those terms are defined in | ||||||
25 | this Section.
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26 | (Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
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1 | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
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2 | Sec. 2-103. Arrest Record.
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3 | (A) Unless otherwise authorized by law,
it is a civil | ||||||
4 | rights violation for any
employer, employment agency or labor | ||||||
5 | organization to inquire
into or to use the fact of an arrest or | ||||||
6 | criminal history
record , as defined under subsection (B-5) of | ||||||
7 | Section 1-103, information
ordered expunged, sealed or | ||||||
8 | impounded under Section 5.2 of the Criminal
Identification Act | ||||||
9 | as a basis to
refuse to hire, to segregate, or to act
with | ||||||
10 | respect to recruitment, hiring, promotion, renewal of | ||||||
11 | employment,
selection for training or apprenticeship, | ||||||
12 | discharge, discipline, tenure or
terms, privileges or | ||||||
13 | conditions of employment. This Section
does not prohibit a | ||||||
14 | State agency, unit of local government or school
district, or | ||||||
15 | private organization from requesting or utilizing sealed | ||||||
16 | felony
conviction information obtained from the Department of | ||||||
17 | State Police under
the provisions of Section 3 of the
Criminal | ||||||
18 | Identification Act or under other State or federal laws or | ||||||
19 | regulations that require criminal background checks in | ||||||
20 | evaluating the qualifications
and character of an employee or a | ||||||
21 | prospective employee.
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22 | (B) The prohibition against the use of the fact of an | ||||||
23 | arrest record, as defined under paragraph (1) of subsection | ||||||
24 | (B-5) of Section 1-103, contained in
this Act Section shall not | ||||||
25 | be construed to prohibit an employer, employment agency,
or |
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1 | labor organization from obtaining or using other information | ||||||
2 | which indicates
that a person actually engaged in the conduct | ||||||
3 | for which he or she was
arrested.
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4 | (Source: P.A. 96-409, eff. 1-1-10.)
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5 | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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6 | Sec. 3-102. Civil rights violations; real estate | ||||||
7 | transactions. It
is a civil rights violation for an owner or | ||||||
8 | any other person engaging in
a real estate transaction, or for | ||||||
9 | a real estate broker or salesman,
because of unlawful | ||||||
10 | discrimination , or familial status , or an arrest record , as | ||||||
11 | defined under subsection (B-5) of Section 1-103, to :
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12 | (A) Transaction. Refuse to engage in a real estate | ||||||
13 | transaction with
a person or to discriminate in making | ||||||
14 | available such a transaction;
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15 | (B) Terms. Alter the terms, conditions or privileges of | ||||||
16 | a real
estate transaction or in the furnishing of | ||||||
17 | facilities or services in
connection therewith;
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18 | (C) Offer. Refuse to receive or to fail to transmit a | ||||||
19 | bona fide
offer to engage in a real estate transaction from | ||||||
20 | a person;
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21 | (D) Negotiation. Refuse to negotiate for a real estate | ||||||
22 | transaction
with a person;
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23 | (E) Representations. Represent to a person that real | ||||||
24 | property is
not available for inspection, sale, rental, or | ||||||
25 | lease when in fact it is
so available, or to fail to bring |
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1 | a property listing to his or her
attention, or to refuse to | ||||||
2 | permit him or her to inspect real property;
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3 | (F) Publication of Intent. Make, print, circulate, | ||||||
4 | post, mail, publish or cause to be made, printed, | ||||||
5 | circulated, posted, mailed, or published any notice, | ||||||
6 | statement, advertisement or sign, or use a form of | ||||||
7 | application for a real estate transaction, or make a record | ||||||
8 | or inquiry in connection with a prospective real estate | ||||||
9 | transaction, that indicates any preference, limitation, or | ||||||
10 | discrimination based on unlawful discrimination or | ||||||
11 | unlawful discrimination based on familial status or an | ||||||
12 | arrest record , or an intention to make any such preference, | ||||||
13 | limitation, or discrimination;
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14 | (G) Listings. Offer, solicit, accept, use or retain a | ||||||
15 | listing of
real property with knowledge that unlawful | ||||||
16 | discrimination or
discrimination on the basis of familial | ||||||
17 | status or an arrest record in a real estate
transaction is | ||||||
18 | intended.
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19 | (Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
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20 | (775 ILCS 5/3-102.5 new) | ||||||
21 | Sec. 3-102.5. Unlawful activity. The prohibition against | ||||||
22 | the use of an arrest record under Section 3-102 shall not | ||||||
23 | preclude an owner or any other person engaging in a real estate | ||||||
24 | transaction, or a real estate broker or salesman, from | ||||||
25 | prohibiting the tenant, a member of the tenant's household, or |
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1 | a guest of the tenant from engaging in unlawful activity on the | ||||||
2 | premises.
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3 | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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4 | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | ||||||
5 | shall
prohibit:
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6 | (A) Private Sales of Single Family Homes. | ||||||
7 | (1) Any sale of a single
family home by its owner so | ||||||
8 | long as the following criteria are met:
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9 | (a) The owner does not own or have a beneficial | ||||||
10 | interest in more
than three single family homes at the | ||||||
11 | time of the sale;
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12 | (b) The owner or a member of his or her family was | ||||||
13 | the last current
resident of the home;
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14 | (c) The home is sold without the use in any manner | ||||||
15 | of the sales or
rental facilities or services of any | ||||||
16 | real estate broker or salesman, or
of any employee or | ||||||
17 | agent of any real estate broker or salesman;
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18 | (d) The home is sold without the publication, | ||||||
19 | posting or mailing,
after notice, of any advertisement | ||||||
20 | or written notice in violation of
paragraph (F) of | ||||||
21 | Section 3-102.
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22 | (2) This exemption does not apply to paragraph (F) of | ||||||
23 | Section 3-102.
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24 | (B) Apartments. Rental of a housing accommodation in a | ||||||
25 | building
which contains housing accommodations for not more |
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1 | than 4 families
living independently of each other, if the | ||||||
2 | owner resides in one of the housing accommodations.
This | ||||||
3 | exemption does not apply to paragraph (F) of Section 3-102.
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4 | (C) Private Rooms. Rental of a room or rooms in a private | ||||||
5 | home by
an owner if he or she or a member of his or her family | ||||||
6 | resides therein or,
while absent for a period of not more than | ||||||
7 | twelve months, if he or she or a
member of his or her family | ||||||
8 | intends to return to reside therein.
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9 | (D) Reasonable local, State, or Federal restrictions
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10 | regarding the maximum number of occupants permitted to occupy a | ||||||
11 | dwelling.
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12 | (E) Religious Organizations. A religious organization, | ||||||
13 | association,
or society, or any nonprofit institution or | ||||||
14 | organization operated,
supervised or controlled by or in | ||||||
15 | conjunction with a religious
organization, association, or | ||||||
16 | society, from limiting the sale, rental or
occupancy of a | ||||||
17 | dwelling which it owns or operates for other than a
commercial | ||||||
18 | purpose to persons of the same religion, or from giving
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19 | preference to such persons, unless membership in such religion | ||||||
20 | is
restricted on account of race, color, or national origin.
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21 | (F) Sex. Restricting the rental of rooms in a housing | ||||||
22 | accommodation to
persons of one sex.
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23 | (G) Persons Convicted of Drug-Related Offenses.
Conduct | ||||||
24 | against a person because such person has been convicted by
any | ||||||
25 | court of competent jurisdiction of the illegal manufacture or
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26 | distribution of a controlled substance as defined in Section |
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1 | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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2 | (H) Persons engaged in the business of furnishing | ||||||
3 | appraisals of real
property from taking into consideration | ||||||
4 | factors other than those based on
unlawful discrimination or | ||||||
5 | familial status in furnishing appraisals.
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6 | (H-1) The owner of an owner-occupied residential building | ||||||
7 | with 4 or
fewer units (including the unit in which the owner | ||||||
8 | resides) from making
decisions regarding whether to rent to a | ||||||
9 | person based upon that person's
sexual orientation.
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10 | (I) Housing for Older Persons. No provision in this Article | ||||||
11 | regarding
familial status shall apply with respect to housing | ||||||
12 | for older persons.
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13 | (1) As used in this Section, "housing for older | ||||||
14 | persons" means housing:
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15 | (a) provided under any State or Federal program | ||||||
16 | that the Department
determines is specifically | ||||||
17 | designed and operated to assist elderly persons
(as | ||||||
18 | defined in the State or Federal program); or
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19 | (b) intended for, and solely occupied by, persons | ||||||
20 | 62 years of age or
older;
or
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21 | (c) intended and operated for occupancy by persons | ||||||
22 | 55 years of age or
older and:
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23 | (i) at least 80% of the occupied units are | ||||||
24 | occupied by at
least one person who is 55 years of | ||||||
25 | age or older;
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26 | (ii) the housing facility or community |
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1 | publishes and adheres to
policies and procedures
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2 | that demonstrate the intent required under this
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3 | subdivision (c); and
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4 | (iii) the housing facility or community | ||||||
5 | complies with rules adopted by
the
Department for | ||||||
6 | verification of occupancy, which shall:
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7 | (aa) provide for verification by reliable | ||||||
8 | surveys and affidavits;
and
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9 | (bb) include examples of the types of | ||||||
10 | policies and procedures
relevant to
a | ||||||
11 | determination of compliance with the | ||||||
12 | requirement of clause (ii).
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13 | These surveys and affidavits shall be admissible in | ||||||
14 | administrative and
judicial proceedings for the purposes | ||||||
15 | of such verification.
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16 | (2) Housing shall not fail to meet the requirements for | ||||||
17 | housing for
older persons by reason of:
| ||||||
18 | (a) persons residing in such housing as of the | ||||||
19 | effective date of this
amendatory Act of 1989 who do | ||||||
20 | not meet the age requirements of subsections
(1)(b) or | ||||||
21 | (c); provided, that new occupants of such housing meet | ||||||
22 | the age
requirements of
subsections (1)(b) or (c) of | ||||||
23 | this subsection; or
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24 | (b) unoccupied units; provided, that such units | ||||||
25 | are reserved for
occupancy by persons who meet the age | ||||||
26 | requirements of subsections (1)(b)
or (c) of this |
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1 | subsection.
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2 | (3) (a) A person shall not be held personally liable | ||||||
3 | for monetary damages
for a violation of this Article if | ||||||
4 | the person reasonably relied, in good
faith, on the | ||||||
5 | application of the exemption under this subsection (I) | ||||||
6 | relating
to housing for older persons.
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7 | (b) For the purposes of this item (3), a person may | ||||||
8 | show good faith
reliance on the application of the | ||||||
9 | exemption only by showing that:
| ||||||
10 | (i) the person has no actual knowledge that the | ||||||
11 | facility or community
is
not, or will not be, | ||||||
12 | eligible for the exemption; and
| ||||||
13 | (ii) the facility or community has stated | ||||||
14 | formally, in writing, that
the
facility or | ||||||
15 | community complies with the requirements for the | ||||||
16 | exemption.
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17 | (J) Child Sex Offender Refusal to Rent. Refusal of a child | ||||||
18 | sex offender who owns and resides at residential real estate to | ||||||
19 | rent any residential unit within the same building in which he | ||||||
20 | or she resides to a person who is the parent or guardian of a | ||||||
21 | child or children under 18 years of age. | ||||||
22 | (K) Arrest Records. Inquiry into or the use of an arrest | ||||||
23 | record if the inquiry or use is otherwise authorized by State | ||||||
24 | or federal law. | ||||||
25 | (Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
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26 | Section 99. Effective date. This Act takes effect January |
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1 | 1, 2020.
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