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Synopsis As Introduced Amends the Illinois Human Rights Act. With respect to real estate transactions, prohibits discrimination on the basis of source of income. In provisions making 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 or familial status or source of income, to engage in certain activities, provides that those provisions do not: (i) require a housing authority or housing development project in which 25% or more of the units are owned by a housing authority or subject to a leasing agreement, regulatory and operating agreement, or other similar instrument with a housing authority to lease or rent another unit of that same housing development project to an existing or prospective tenant who is receiving subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part or all of the rent for the unit; (ii) require or prevent, with specified exceptions, any person whose property is located in a municipality with fewer than 1,000,000 inhabitants and is in a concentrated census tract where 3% of the total housing stock in that census tract is occupied by tenants relying on subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher program for payment of part of the rent for the unit to lease or rent a unit to a prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part or all of the rent for the unit (the housing authority shall determine which census tracts within its service area meet the concentrated census tract exemption requirements and annually deliver that information to the municipalities within its jurisdiction); or (iii) prevent an owner or agent from taking into consideration factors other than lawful source of income such as credit history, criminal history, or references. Effective immediately.
Deletes everything and inserts similar provisions with these additions: limits the application of the "source of income" provisions to residential rental real estate transactions; adds language providing that nothing in provisions setting forth civil rights violations in real estate transactions shall require or prevent any person whose property fails to meet federal Housing Quality Standards in connection with the federal Housing Choice Voucher program to lease or rent a unit to a prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part or all of the rent for such unit; provides that a hearing officer may recommend and the Human Rights Commission or a three-member panel may, upon finding a civil rights violation, order the respondent to participate in training to prevent future civil rights violations. Changes the effective date to January 31, 2006.
Judicial Note (H-AM 1) (Admin Office of the Illinois Courts)
Would neither increase nor decrease the number of judges needed in the state.
State Debt Impact Note (H-AM 1) (Government Forecasting & Accountability)
Would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore, would not affect the level of State indebtedness.
Would not impact any public pension fund or retirement system in Illinois.
Housing Affordability Impact Note (H-AM 1) (Housing Development Authority)
No fiscal effect on a single-family residence.
Correctional Note (H-AM 1) (Department of Corrections)
Corrections population impact: None. Fiscal impact: None.
Fiscal Note (H-AM 1) (Department of Corrections)
Corrections population impact: None. Fiscal impact: None.
Balanced Budget Note (Gov. Office of Management & Budget)
No impact on State budget.
Home Rule Note (H-AM 1)(Dept. of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, House Bill 45 (H-AM 1) does pre-empt home rule authority.
State Mandates Fiscal Note (H-AM 1)(Dept. of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, House Bill 45 (H-AM 1) creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act.
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