Illinois General Assembly - Full Text of SB1331
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Full Text of SB1331  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Melinda Bush


775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/3-102  from Ch. 68, par. 3-102
775 ILCS 5/3-103  from Ch. 68, par. 3-103
775 ILCS 5/3-106  from Ch. 68, par. 3-106

    Amends the Illinois Human Rights Act. Changes the Section concerning the declaration of policy to include preventing discrimination based on source of income. Provides that "source of income" means the source of any lawful income or any lawful rent payment that can be verified as to its amount, length of time received, regularity, or receipt, including any subsidy authorized under Section 8 of the United States Housing Act of 1937 and any other local, State, or federal subsidy or benefit. Provides that it is a civil rights violation for an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, to engage in specified behaviors because of source of income. Provides that specified provisions of the Act do not prohibit persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on, among other factors, source of income in furnishing appraisals.

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1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-102, 1-103, 3-102, 3-103, and 3-106 as
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    Sec. 1-102. Declaration of Policy. It is the public policy
9of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for all
11individuals within Illinois the freedom from discrimination
12against any individual because of his or her race, color,
13religion, sex, national origin, ancestry, age, order of
14protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship



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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (D) Freedom from Discrimination Based on Familial Status or
4Source of Income-Real Estate Transactions. To prevent
5discrimination based on familial status or source of income in
6real estate transactions.
7    (E) Public Health, Welfare and Safety. To promote the
8public health, welfare and safety by protecting the interest of
9all people in Illinois in maintaining personal dignity, in
10realizing their full productive capacities, and in furthering
11their interests, rights and privileges as citizens of this
13    (F) Implementation of Constitutional Guarantees. To secure
14and guarantee the rights established by Sections 17, 18 and 19
15of Article I of the Illinois Constitution of 1970.
16    (G) Equal Opportunity, Affirmative Action. To establish
17Equal Opportunity and Affirmative Action as the policies of
18this State in all of its decisions, programs and activities,
19and to assure that all State departments, boards, commissions
20and instrumentalities rigorously take affirmative action to
21provide equality of opportunity and eliminate the effects of
22past discrimination in the internal affairs of State government
23and in their relations with the public.
24    (H) Unfounded Charges. To protect citizens of this State
25against unfounded charges of unlawful discrimination, sexual
26harassment in employment and sexual harassment in elementary,



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1secondary, and higher education, and discrimination based on
2citizenship status in employment.
3(Source: P.A. 98-1050, eff. 1-1-15.)
4    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
5    Sec. 1-103. General Definitions. When used in this Act,
6unless the context requires otherwise, the term:
7    (A) Age. "Age" means the chronological age of a person who
8is at least 40 years old, except with regard to any practice
9described in Section 2-102, insofar as that practice concerns
10training or apprenticeship programs. In the case of training or
11apprenticeship programs, for the purposes of Section 2-102,
12"age" means the chronological age of a person who is 18 but not
13yet 40 years old.
14    (B) Aggrieved Party. "Aggrieved party" means a person who
15is alleged or proved to have been injured by a civil rights
16violation or believes he or she will be injured by a civil
17rights violation under Article 3 that is about to occur.
18    (C) Charge. "Charge" means an allegation filed with the
19Department by an aggrieved party or initiated by the Department
20under its authority.
21    (D) Civil Rights Violation. "Civil rights violation"
22includes and shall be limited to only those specific acts set
23forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
243-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
256-101, and 6-102 of this Act.



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1    (E) Commission. "Commission" means the Human Rights
2Commission created by this Act.
3    (F) Complaint. "Complaint" means the formal pleading filed
4by the Department with the Commission following an
5investigation and finding of substantial evidence of a civil
6rights violation.
7    (G) Complainant. "Complainant" means a person including
8the Department who files a charge of civil rights violation
9with the Department or the Commission.
10    (H) Department. "Department" means the Department of Human
11Rights created by this Act.
12    (I) Disability. "Disability" means a determinable physical
13or mental characteristic of a person, including, but not
14limited to, a determinable physical characteristic which
15necessitates the person's use of a guide, hearing or support
16dog, the history of such characteristic, or the perception of
17such characteristic by the person complained against, which may
18result from disease, injury, congenital condition of birth or
19functional disorder and which characteristic:
20        (1) For purposes of Article 2 is unrelated to the
21    person's ability to perform the duties of a particular job
22    or position and, pursuant to Section 2-104 of this Act, a
23    person's illegal use of drugs or alcohol is not a
24    disability;
25        (2) For purposes of Article 3, is unrelated to the
26    person's ability to acquire, rent or maintain a housing



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1    accommodation;
2        (3) For purposes of Article 4, is unrelated to a
3    person's ability to repay;
4        (4) For purposes of Article 5, is unrelated to a
5    person's ability to utilize and benefit from a place of
6    public accommodation;
7        (5) For purposes of Article 5, also includes any
8    mental, psychological, or developmental disability,
9    including autism spectrum disorders.
10    (J) Marital Status. "Marital status" means the legal status
11of being married, single, separated, divorced or widowed.
12    (J-1) Military Status. "Military status" means a person's
13status on active duty in or status as a veteran of the armed
14forces of the United States, status as a current member or
15veteran of any reserve component of the armed forces of the
16United States, including the United States Army Reserve, United
17States Marine Corps Reserve, United States Navy Reserve, United
18States Air Force Reserve, and United States Coast Guard
19Reserve, or status as a current member or veteran of the
20Illinois Army National Guard or Illinois Air National Guard.
21    (K) National Origin. "National origin" means the place in
22which a person or one of his or her ancestors was born.
23    (K-5) "Order of protection status" means a person's status
24as being a person protected under an order of protection issued
25pursuant to the Illinois Domestic Violence Act of 1986 or an
26order of protection issued by a court of another state.



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1    (L) Person. "Person" includes one or more individuals,
2partnerships, associations or organizations, labor
3organizations, labor unions, joint apprenticeship committees,
4or union labor associations, corporations, the State of
5Illinois and its instrumentalities, political subdivisions,
6units of local government, legal representatives, trustees in
7bankruptcy or receivers.
8    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
9or medical or common conditions related to pregnancy or
11    (M) Public Contract. "Public contract" includes every
12contract to which the State, any of its political subdivisions
13or any municipal corporation is a party.
14    (N) Religion. "Religion" includes all aspects of religious
15observance and practice, as well as belief, except that with
16respect to employers, for the purposes of Article 2, "religion"
17has the meaning ascribed to it in paragraph (F) of Section
19    (O) Sex. "Sex" means the status of being male or female.
20    (O-1) Sexual orientation. "Sexual orientation" means
21actual or perceived heterosexuality, homosexuality,
22bisexuality, or gender-related identity, whether or not
23traditionally associated with the person's designated sex at
24birth. "Sexual orientation" does not include a physical or
25sexual attraction to a minor by an adult.
26    (O-5) Source of Income. "Source of income" means the source



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1of any lawful income or any lawful rent payment that can be
2verified as to its amount, length of time received, regularity,
3or receipt, including any subsidy authorized under Section 8 of
4the United States Housing Act of 1937 and any other local,
5State, or federal subsidy or benefit.
6    (P) Unfavorable Military Discharge. "Unfavorable military
7discharge" includes discharges from the Armed Forces of the
8United States, their Reserve components or any National Guard
9or Naval Militia which are classified as RE-3 or the equivalent
10thereof, but does not include those characterized as RE-4 or
12    (Q) Unlawful Discrimination. "Unlawful discrimination"
13means discrimination against a person because of his or her
14race, color, religion, national origin, ancestry, age, sex,
15marital status, order of protection status, disability,
16military status, sexual orientation, pregnancy, or unfavorable
17discharge from military service as those terms are defined in
18this Section.
19(Source: P.A. 97-410, eff. 1-1-12; 97-813, eff. 7-13-12;
2098-1050, eff. 1-1-15.)
21    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
22    Sec. 3-102. Civil rights violations; real estate
23transactions. It is a civil rights violation for an owner or
24any other person engaging in a real estate transaction, or for
25a real estate broker or salesman, because of unlawful



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1discrimination or familial status or source of income, to
2        (A) Transaction. Refuse to engage in a real estate
3    transaction with a person or to discriminate in making
4    available such a transaction;
5        (B) Terms. Alter the terms, conditions or privileges of
6    a real estate transaction or in the furnishing of
7    facilities or services in connection therewith;
8        (C) Offer. Refuse to receive or to fail to transmit a
9    bona fide offer to engage in a real estate transaction from
10    a person;
11        (D) Negotiation. Refuse to negotiate for a real estate
12    transaction with a person;
13        (E) Representations. Represent to a person that real
14    property is not available for inspection, sale, rental, or
15    lease when in fact it is so available, or to fail to bring
16    a property listing to his or her attention, or to refuse to
17    permit him or her to inspect real property;
18        (F) Publication of Intent. Make, print, circulate,
19    post, mail, publish or cause to be made, printed,
20    circulated, posted, mailed, or published any notice,
21    statement, advertisement or sign, or use a form of
22    application for a real estate transaction, or make a record
23    or inquiry in connection with a prospective real estate
24    transaction, that indicates any preference, limitation, or
25    discrimination based on unlawful discrimination or
26    unlawful discrimination based on familial status or source



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1    of income, or an intention to make any such preference,
2    limitation, or discrimination;
3        (G) Listings. Offer, solicit, accept, use or retain a
4    listing of real property with knowledge that unlawful
5    discrimination or discrimination on the basis of familial
6    status or source of income in a real estate transaction is
7    intended.
8(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
9    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
10    Sec. 3-103. Blockbusting. It is a civil rights violation
11for any person to:
12    (A) Solicitation. Solicit for sale, lease, listing or
13purchase any residential real estate within this State, on the
14grounds of loss of value due to the present or prospective
15entry into the vicinity of the property involved of any person
16or persons of any particular race, color, religion, national
17origin, ancestry, age, sex, sexual orientation, marital
18status, familial status, source of income, or disability.
19    (B) Statements. Distribute or cause to be distributed,
20written material or statements designed to induce any owner of
21residential real estate in this State to sell or lease his or
22her property because of any present or prospective changes in
23the race, color, religion, national origin, ancestry, age, sex,
24sexual orientation, marital status, familial status, source of
25income, or disability of residents in the vicinity of the



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1property involved.
2    (C) Creating Alarm. Intentionally create alarm, among
3residents of any community, by transmitting communications in
4any manner, including a telephone call whether or not
5conversation thereby ensues, with a design to induce any owner
6of residential real estate in this state to sell or lease his
7or her property because of any present or prospective entry
8into the vicinity of the property involved of any person or
9persons of any particular race, color, religion, national
10origin, ancestry, age, sex, sexual orientation, marital
11status, familial status, source of income, or disability.
12(Source: P.A. 97-877, eff. 8-2-12.)
13    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
14    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
15shall prohibit:
16    (A) Private Sales of Single Family Homes.
17        (1) Any sale of a single family home by its owner so
18    long as the following criteria are met:
19            (a) The owner does not own or have a beneficial
20        interest in more than three single family homes at the
21        time of the sale;
22            (b) The owner or a member of his or her family was
23        the last current resident of the home;
24            (c) The home is sold without the use in any manner
25        of the sales or rental facilities or services of any



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1        real estate broker or salesman, or of any employee or
2        agent of any real estate broker or salesman;
3            (d) The home is sold without the publication,
4        posting or mailing, after notice, of any advertisement
5        or written notice in violation of paragraph (F) of
6        Section 3-102.
7        (2) This exemption does not apply to paragraph (F) of
8    Section 3-102.
9    (B) Apartments. Rental of a housing accommodation in a
10building which contains housing accommodations for not more
11than 4 families living independently of each other, if the
12owner resides in one of the housing accommodations. This
13exemption does not apply to paragraph (F) of Section 3-102.
14    (C) Private Rooms. Rental of a room or rooms in a private
15home by an owner if he or she or a member of his or her family
16resides therein or, while absent for a period of not more than
17twelve months, if he or she or a member of his or her family
18intends to return to reside therein.
19    (D) Reasonable local, State, or Federal restrictions
20regarding the maximum number of occupants permitted to occupy a
22    (E) Religious Organizations. A religious organization,
23association, or society, or any nonprofit institution or
24organization operated, supervised or controlled by or in
25conjunction with a religious organization, association, or
26society, from limiting the sale, rental or occupancy of a



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1dwelling which it owns or operates for other than a commercial
2purpose to persons of the same religion, or from giving
3preference to such persons, unless membership in such religion
4is restricted on account of race, color, or national origin.
5    (F) Sex. Restricting the rental of rooms in a housing
6accommodation to persons of one sex.
7    (G) Persons Convicted of Drug-Related Offenses. Conduct
8against a person because such person has been convicted by any
9court of competent jurisdiction of the illegal manufacture or
10distribution of a controlled substance as defined in Section
11102 of the federal Controlled Substances Act (21 U.S.C. 802).
12    (H) Persons engaged in the business of furnishing
13appraisals of real property from taking into consideration
14factors other than those based on unlawful discrimination or
15familial status or source of income in furnishing appraisals.
16    (H-1) The owner of an owner-occupied residential building
17with 4 or fewer units (including the unit in which the owner
18resides) from making decisions regarding whether to rent to a
19person based upon that person's sexual orientation.
20    (I) Housing for Older Persons. No provision in this Article
21regarding familial status shall apply with respect to housing
22for older persons.
23        (1) As used in this Section, "housing for older
24    persons" means housing:
25            (a) provided under any State or Federal program
26        that the Department determines is specifically



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1        designed and operated to assist elderly persons (as
2        defined in the State or Federal program); or
3            (b) intended for, and solely occupied by, persons
4        62 years of age or older; or
5            (c) intended and operated for occupancy by persons
6        55 years of age or older and:
7                (i) at least 80% of the occupied units are
8            occupied by at least one person who is 55 years of
9            age or older;
10                (ii) the housing facility or community
11            publishes and adheres to policies and procedures
12            that demonstrate the intent required under this
13            subdivision (c); and
14                (iii) the housing facility or community
15            complies with rules adopted by the Department for
16            verification of occupancy, which shall:
17                    (aa) provide for verification by reliable
18                surveys and affidavits; and
19                    (bb) include examples of the types of
20                policies and procedures relevant to a
21                determination of compliance with the
22                requirement of clause (ii).
23        These surveys and affidavits shall be admissible in
24    administrative and judicial proceedings for the purposes
25    of such verification.
26        (2) Housing shall not fail to meet the requirements for



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1    housing for older persons by reason of:
2            (a) persons residing in such housing as of the
3        effective date of this amendatory Act of 1989 who do
4        not meet the age requirements of subsections (1)(b) or
5        (c); provided, that new occupants of such housing meet
6        the age requirements of subsections (1)(b) or (c) of
7        this subsection; or
8            (b) unoccupied units; provided, that such units
9        are reserved for occupancy by persons who meet the age
10        requirements of subsections (1)(b) or (c) of this
11        subsection.
12        (3) (a) A person shall not be held personally liable
13        for monetary damages for a violation of this Article if
14        the person reasonably relied, in good faith, on the
15        application of the exemption under this subsection (I)
16        relating to housing for older persons.
17            (b) For the purposes of this item (3), a person may
18        show good faith reliance on the application of the
19        exemption only by showing that:
20                (i) the person has no actual knowledge that the
21            facility or community is not, or will not be,
22            eligible for the exemption; and
23                (ii) the facility or community has stated
24            formally, in writing, that the facility or
25            community complies with the requirements for the
26            exemption.



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1    (J) Child Sex Offender Refusal to Rent. Refusal of a child
2sex offender who owns and resides at residential real estate to
3rent any residential unit within the same building in which he
4or she resides to a person who is the parent or guardian of a
5child or children under 18 years of age.
6(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)