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1 | AN ACT concerning human rights.
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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 Section 3-106 as follows: | ||||||
6 | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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7 | Sec. 3-106. Exemptions. )
Nothing contained in Section | ||||||
8 | 3-102 shall
prohibit:
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9 | (A) Private Sales of Single Family Homes. | ||||||
10 | (1) Any sale of a single
family home by its owner so | ||||||
11 | long as the following criteria are met:
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12 | (a)
(1) The owner does not own or have a beneficial | ||||||
13 | interest in more
than three single family homes at the | ||||||
14 | time of the sale;
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15 | (b)
(2) The owner or a member of his or her family | ||||||
16 | was the last current
resident of the home;
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17 | (c)
(3) The home is sold without the use in any | ||||||
18 | manner of the sales or
rental facilities or services of | ||||||
19 | any real estate broker or salesman, or
of any employee | ||||||
20 | or agent of any real estate broker or salesman;
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21 | (d)
(4) The home is sold without the publication, | ||||||
22 | posting or mailing,
after notice, of any advertisement | ||||||
23 | or written notice in violation of
paragraph (F) of |
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1 | Section 3-102.
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2 | (2) This exemption does not apply to paragraph (F) of | ||||||
3 | Section 3-102.
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4 | (B) Apartments. Rental of a housing accommodation in a | ||||||
5 | building
which contains housing accommodations for not more | ||||||
6 | than 4
five families
living independently of each other, if the | ||||||
7 | owner
lessor or a member of his or
her family resides in one of | ||||||
8 | the housing accommodations . ;
This exemption does not apply to | ||||||
9 | paragraph (F) of Section 3-102.
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10 | (C) Private Rooms. Rental of a room or rooms in a private | ||||||
11 | home by
an owner if he or she or a member of his or her family | ||||||
12 | resides therein or,
while absent for a period of not more than | ||||||
13 | twelve months, if he or she or a
member of his or her family | ||||||
14 | intends to return to reside therein .
;
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15 | (D) Reasonable local, State, or Federal restrictions
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16 | regarding the maximum number of occupants permitted to occupy a | ||||||
17 | dwelling.
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18 | (E) Religious Organizations. A religious organization, | ||||||
19 | association,
or society, or any nonprofit institution or | ||||||
20 | organization operated,
supervised or controlled by or in | ||||||
21 | conjunction with a religious
organization, association, or | ||||||
22 | society, from limiting the sale, rental or
occupancy of a | ||||||
23 | dwelling which it owns or operates for other than a
commercial | ||||||
24 | purpose to persons of the same religion, or from giving
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25 | preference to such persons, unless membership in such religion | ||||||
26 | is
restricted on account of race, color, or national origin.
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1 | (F) Sex. Restricting the rental of rooms in a housing | ||||||
2 | accommodation to
persons of one sex.
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3 | (G) Persons Convicted of Drug-Related Offenses.
Conduct | ||||||
4 | against a person because such person has been convicted by
any | ||||||
5 | court of competent jurisdiction of the illegal manufacture or
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6 | distribution of a controlled substance as defined in Section | ||||||
7 | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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8 | (H) Persons engaged in the business of furnishing | ||||||
9 | appraisals of real
property from taking into consideration | ||||||
10 | factors other than those based on
unlawful discrimination or | ||||||
11 | familial status in furnishing appraisals.
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12 | (H-1) The owner of an owner-occupied residential building | ||||||
13 | with 4
5 or
fewer units (including the unit in which the owner | ||||||
14 | resides) from making
decisions regarding whether to rent to a | ||||||
15 | person based upon that person's
sexual orientation.
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16 | (I) Housing for Older Persons. No provision in this Article | ||||||
17 | regarding
familial status shall apply with respect to housing | ||||||
18 | for older persons.
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19 | (1) As used in this Section, "housing for older | ||||||
20 | persons" means housing:
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21 | (a) provided under any State or Federal program | ||||||
22 | that the Department
determines is specifically | ||||||
23 | designed and operated to assist elderly persons
(as | ||||||
24 | defined in the State or Federal program); or
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25 | (b) intended for, and solely occupied by, persons | ||||||
26 | 62 years of age or
older;
or
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1 | (c) intended and operated for occupancy by persons | ||||||
2 | 55 years of age or
older and:
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3 | (i) at least 80% of the occupied units are | ||||||
4 | occupied by at
least one person who is 55 years of | ||||||
5 | age or older;
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6 | (ii) the housing facility or community | ||||||
7 | publishes and adheres to
policies and procedures
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8 | that demonstrate the intent required under this
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9 | subdivision (c); and
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10 | (iii) the housing facility or community | ||||||
11 | complies with rules adopted by
the
Department for | ||||||
12 | verification of occupancy, which shall:
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13 | (aa) provide for verification by reliable | ||||||
14 | surveys and affidavits;
and
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15 | (bb) include examples of the types of | ||||||
16 | policies and procedures
relevant to
a | ||||||
17 | determination of compliance with the | ||||||
18 | requirement of clause (ii).
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19 | These surveys and affidavits shall be admissible in | ||||||
20 | administrative and
judicial proceedings for the purposes | ||||||
21 | of such verification.
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22 | (2) Housing shall not fail to meet the requirements for | ||||||
23 | housing for
older persons by reason of:
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24 | (a) persons residing in such housing as of the | ||||||
25 | effective date of this
amendatory Act of 1989 who do | ||||||
26 | not meet the age requirements of subsections
(1)(b) or |
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1 | (c); provided, that new occupants of such housing meet | ||||||
2 | the age
requirements of
subsections (1)(b) or (c) of | ||||||
3 | this subsection; or
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4 | (b) unoccupied units; provided, that such units | ||||||
5 | are reserved for
occupancy by persons who meet the age | ||||||
6 | requirements of subsections (1)(b)
or (c) of this | ||||||
7 | subsection.
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8 | (3) (a) A person shall not be held personally liable | ||||||
9 | for monetary damages
for a violation of this Article if | ||||||
10 | the person reasonably relied, in good
faith, on the | ||||||
11 | application of the exemption under this subsection (I) | ||||||
12 | relating
to housing for older persons.
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13 | (b) For the purposes of this item (3), a person may | ||||||
14 | show good faith
reliance on the application of the | ||||||
15 | exemption only by showing that:
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16 | (i) the person has no actual knowledge that the | ||||||
17 | facility or community
is
not, or will not be, | ||||||
18 | eligible for the exemption; and
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19 | (ii) the facility or community has stated | ||||||
20 | formally, in writing, that
the
facility or | ||||||
21 | community complies with the requirements for the | ||||||
22 | exemption.
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23 | (Source: P.A. 93-1078, eff. 1-1-06 .)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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