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09500HB4207ham002 |
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LRB095 14731 RLC 49258 a |
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| terminate the lease based upon such discovery that the lessor |
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| is a child sex offender and such lease shall be in full force |
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| and effect. |
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| Section 15. The Illinois Human Rights Act is amended by |
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| changing Section 3-106 as follows: |
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| (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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| Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 |
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| shall
prohibit:
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| (A) Private Sales of Single Family Homes. |
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| (1) Any sale of a single
family home by its owner so |
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| long as the following criteria are met:
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| (a) The owner does not own or have a beneficial |
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| interest in more
than three single family homes at the |
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| time of the sale;
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| (b) The owner or a member of his or her family was |
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| the last current
resident of the home;
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| (c) The home is sold without the use in any manner |
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| of the sales or
rental facilities or services of any |
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| real estate broker or salesman, or
of any employee or |
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| agent of any real estate broker or salesman;
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| (d) The home is sold without the publication, |
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| posting or mailing,
after notice, of any advertisement |
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| or written notice in violation of
paragraph (F) of |
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| Section 3-102.
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09500HB4207ham002 |
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LRB095 14731 RLC 49258 a |
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| (2) This exemption does not apply to paragraph (F) of |
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| Section 3-102.
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| (B) Apartments. Rental of a housing accommodation in a |
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| building
which contains housing accommodations for not more |
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| than 4 families
living independently of each other, if the |
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| owner resides in one of the housing accommodations.
This |
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| exemption does not apply to paragraph (F) of Section 3-102.
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| (C) Private Rooms. Rental of a room or rooms in a private |
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| home by
an owner if he or she or a member of his or her family |
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| resides therein or,
while absent for a period of not more than |
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| twelve months, if he or she or a
member of his or her family |
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| intends to return to reside therein.
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| (D) Reasonable local, State, or Federal restrictions
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| regarding the maximum number of occupants permitted to occupy a |
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| dwelling.
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| (E) Religious Organizations. A religious organization, |
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| association,
or society, or any nonprofit institution or |
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| organization operated,
supervised or controlled by or in |
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| conjunction with a religious
organization, association, or |
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| society, from limiting the sale, rental or
occupancy of a |
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| dwelling which it owns or operates for other than a
commercial |
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| purpose to persons of the same religion, or from giving
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| preference to such persons, unless membership in such religion |
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| is
restricted on account of race, color, or national origin.
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| (F) Sex. Restricting the rental of rooms in a housing |
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| accommodation to
persons of one sex.
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09500HB4207ham002 |
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LRB095 14731 RLC 49258 a |
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| (G) Persons Convicted of Drug-Related Offenses.
Conduct |
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| against a person because such person has been convicted by
any |
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| court of competent jurisdiction of the illegal manufacture or
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| distribution of a controlled substance as defined in Section |
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| 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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| (H) Persons engaged in the business of furnishing |
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| appraisals of real
property from taking into consideration |
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| factors other than those based on
unlawful discrimination or |
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| familial status in furnishing appraisals.
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| (H-1) The owner of an owner-occupied residential building |
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| with 4 or
fewer units (including the unit in which the owner |
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| resides) from making
decisions regarding whether to rent to a |
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| person based upon that person's
sexual orientation.
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| (I) Housing for Older Persons. No provision in this Article |
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| regarding
familial status shall apply with respect to housing |
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| for older persons.
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| (1) As used in this Section, "housing for older |
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| persons" means housing:
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| (a) provided under any State or Federal program |
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| that the Department
determines is specifically |
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| designed and operated to assist elderly persons
(as |
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| defined in the State or Federal program); or
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| (b) intended for, and solely occupied by, persons |
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| 62 years of age or
older;
or
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| (c) intended and operated for occupancy by persons |
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| 55 years of age or
older and:
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09500HB4207ham002 |
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LRB095 14731 RLC 49258 a |
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| (i) at least 80% of the occupied units are |
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| occupied by at
least one person who is 55 years of |
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| age or older;
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| (ii) the housing facility or community |
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| publishes and adheres to
policies and procedures
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| that demonstrate the intent required under this
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| subdivision (c); and
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| (iii) the housing facility or community |
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| complies with rules adopted by
the
Department for |
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| verification of occupancy, which shall:
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| (aa) provide for verification by reliable |
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| surveys and affidavits;
and
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| (bb) include examples of the types of |
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| policies and procedures
relevant to
a |
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| determination of compliance with the |
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| requirement of clause (ii).
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| These surveys and affidavits shall be admissible in |
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| administrative and
judicial proceedings for the purposes |
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| of such verification.
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| (2) Housing shall not fail to meet the requirements for |
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| housing for
older persons by reason of:
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| (a) persons residing in such housing as of the |
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| effective date of this
amendatory Act of 1989 who do |
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| not meet the age requirements of subsections
(1)(b) or |
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| (c); provided, that new occupants of such housing meet |
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| the age
requirements of
subsections (1)(b) or (c) of |
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09500HB4207ham002 |
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LRB095 14731 RLC 49258 a |
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| this subsection; or
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| (b) unoccupied units; provided, that such units |
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| are reserved for
occupancy by persons who meet the age |
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| requirements of subsections (1)(b)
or (c) of this |
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| subsection.
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| (3) (a) A person shall not be held personally liable |
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| for monetary damages
for a violation of this Article if |
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| the person reasonably relied, in good
faith, on the |
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| application of the exemption under this subsection (I) |
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| relating
to housing for older persons.
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| (b) For the purposes of this item (3), a person may |
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| show good faith
reliance on the application of the |
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| exemption only by showing that:
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| (i) the person has no actual knowledge that the |
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| facility or community
is
not, or will not be, |
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| eligible for the exemption; and
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| (ii) the facility or community has stated |
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| formally, in writing, that
the
facility or |
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| community complies with the requirements for the |
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| exemption.
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| (J) Child Sex Offender Refusal to Rent. Refusal of a child |
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| sex offender who owns and resides at residential real estate to |
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| rent such real estate to a person who is a parent or guardian |
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| of a child or children under 18 years of age. |
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| (Source: P.A. 95-42, eff. 8-10-07.)".
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