Full Text of HB2818 103rd General Assembly
HB2818ham002 103RD GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2818
| 2 | | AMENDMENT NO. ______. Amend House Bill 2818 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 3-102.10 and 3-106 and by adding Sections | 6 | | 3-102.2 and 7-114 as follows: | 7 | | (775 ILCS 5/3-102.2 new) | 8 | | Sec. 3-102.2. Civil rights violations; conviction record. | 9 | | (A) It is a civil rights violation for an owner or any | 10 | | other person engaging in a real estate transaction, or for a | 11 | | real estate broker or salesman, because of a conviction | 12 | | record, except as provided by subsection (C), to: | 13 | | (1) refuse to engage in a real estate transaction or | 14 | | otherwise make unavailable or deny real property; | 15 | | (2) alter the terms, conditions, or privilege of a | 16 | | real estate transaction or in the furnishing of facilities |
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| 1 | | or services in connection therewith; | 2 | | (3) refuse to receive or to fail to transmit a bona | 3 | | fide offer to engage in a real estate transaction from a | 4 | | person; | 5 | | (4) refuse to negotiate for a real estate transaction | 6 | | with a person; | 7 | | (5) represent to a person that real property is not | 8 | | available for inspection, sale, rental, or lease when in | 9 | | fact it is so available, or to fail to bring a property | 10 | | listing to his or her attention, or to refuse to permit him | 11 | | or her to inspect real property; | 12 | | (6) make, print, circulate, post, mail, publish, or | 13 | | cause to be made, printed, circulated, posted, mailed, or | 14 | | published any notice, statement, advertisement, or sign, | 15 | | or use a form of application for a real estate | 16 | | transaction, or make a record or inquiry in connection | 17 | | with a prospective real estate transaction, that indicates | 18 | | any preference or limitation, or an intention to make any | 19 | | such preference, limitation, or discrimination; or | 20 | | (7) offer, solicit, accept, use, or retain a listing | 21 | | of real property with knowledge that discrimination in a | 22 | | real estate transaction is intended. | 23 | | (B) It is a civil rights violation to inquire into a | 24 | | person's conviction record prior to making a conditional offer | 25 | | to sell, lease, or rent real property. For the purposes of this | 26 | | subsection, "conditional offer" means an offer to sell, lease, |
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| 1 | | or rent real property contingent on conducting a criminal | 2 | | history check or criminal background check. | 3 | | (C) Nothing in this Article shall be construed to require | 4 | | an owner or any other person to conduct a criminal history | 5 | | check or criminal background check when engaging in a real | 6 | | estate transaction. An owner or any other person who elects | 7 | | to, or is otherwise required to, consider a person's | 8 | | conviction record in connection with a real estate transaction | 9 | | shall consider the following factors before making a | 10 | | preliminary decision that the conviction record is | 11 | | disqualifying: | 12 | | (1) the nature and severity of the conduct underlying | 13 | | the conviction; | 14 | | (2) the terms of the sentence; | 15 | | (3) the number of convictions on the person's record; | 16 | | (4) the age of the person at the time of the | 17 | | conviction; | 18 | | (5) the length of time since the conviction; and | 19 | | (6) evidence of rehabilitation. | 20 | | (D) If after considering the factors in subsection (C), | 21 | | the owner or any other person engaging in a real estate | 22 | | transaction makes a preliminary decision that the conviction | 23 | | record is disqualifying, the owner or person engaging in a | 24 | | real estate transaction shall provide written notification to | 25 | | the disqualified person within 5 business days which shall | 26 | | contain the following: |
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| 1 | | (1) notice of the disqualifying conviction or | 2 | | convictions that are the basis of the preliminary decision | 3 | | and the reason or reasons for the disqualification; | 4 | | (2) a copy of the conviction record or other | 5 | | information relied upon to make the preliminary decision | 6 | | to disqualify; and | 7 | | (3) an explanation of the disqualified person's right | 8 | | to respond to the decision of the owner or any other person | 9 | | engaging in the real estate transaction before the | 10 | | preliminary decision becomes final. The explanation shall | 11 | | inform the disqualified person that the response may | 12 | | include, but is not limited to, submission of evidence | 13 | | challenging the accuracy of the conviction record that is | 14 | | the basis for the disqualification, or evidence of | 15 | | mitigation, such as rehabilitation. | 16 | | (E) The disqualified person shall have at least 5 business | 17 | | days to respond to the notification as provided under | 18 | | subsection (D). | 19 | | (F) The owner or person engaging in a real estate | 20 | | transaction shall consider information submitted by the | 21 | | disqualified person before making a final decision. If an | 22 | | owner or any other person engaging in a real estate | 23 | | transaction makes a final decision based on the disqualified | 24 | | person's conviction record, the owner or any other person | 25 | | engaging in the real estate transaction shall provide written | 26 | | notification to the disqualified person within 5 business days |
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| 1 | | which shall contain the following: | 2 | | (1) notice of the disqualifying conviction or | 3 | | convictions that are the basis of the final decision and | 4 | | the reasons for the disqualification; | 5 | | (2) any existing procedure the owner or any other | 6 | | person engaging in the real estate transaction has for the | 7 | | disqualified person to challenge the decision or request | 8 | | reconsideration; and | 9 | | (3) the right to file a charge with the Department. | 10 | | (775 ILCS 5/3-102.10) | 11 | | Sec. 3-102.10. Third-party loan modification service | 12 | | provider. | 13 | | (A) It is a civil rights violation for a third-party loan | 14 | | modification service provider, because of unlawful | 15 | | discrimination, familial status, or an arrest record, or a | 16 | | conviction record, to: | 17 | | (1) refuse to engage in loan modification services; | 18 | | (2) alter the terms, conditions, or privileges of such
| 19 | | services; or | 20 | | (3) discriminate in making such services available, | 21 | | including, but not limited to, by making a statement, | 22 | | advertisement, representation, inquiry, listing, offer, or | 23 | | solicitation that indicates a preference or the intention | 24 | | to make such a preference in making such services | 25 | | available. |
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| 1 | | (B) For purposes of this Section, "third-party loan | 2 | | modification service provider" means a person or entity, | 3 | | whether licensed or not, who, for or with the expectation of | 4 | | receiving consideration, provides assistance or services to a | 5 | | loan borrower to obtain a modification to a term of an existing | 6 | | real estate loan or to obtain foreclosure relief. "Third-party | 7 | | loan modification service provider" does not include lenders, | 8 | | brokers or appraisers of mortgage loans, or the servicers, | 9 | | subsidiaries, affiliates, or agents of the lender.
| 10 | | (Source: P.A. 102-362, eff. 1-1-22 .) | 11 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 12 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 13 | | or 3-102.2 shall
prohibit:
| 14 | | (A) Private Sales of Single Family Homes. | 15 | | (1) Any sale of a single
family home by its owner so | 16 | | long as the following criteria are met:
| 17 | | (a) The owner does not own or have a beneficial | 18 | | interest in more
than three single family homes at the | 19 | | time of the sale;
| 20 | | (b) The owner or a member of his or her family was | 21 | | the last current
resident of the home;
| 22 | | (c) The home is sold without the use in any manner | 23 | | of the sales or
rental facilities or services of any | 24 | | real estate broker or salesman, or
of any employee or | 25 | | agent of any real estate broker or salesman;
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| 1 | | (d) The home is sold without the publication, | 2 | | posting or mailing,
after notice, of any advertisement | 3 | | or written notice in violation of
paragraph (F) of | 4 | | Section 3-102.
| 5 | | (2) This exemption does not apply to paragraph (F) of | 6 | | Section 3-102.
| 7 | | (B) Apartments. Rental of a housing accommodation in a | 8 | | building
which contains housing accommodations for not more | 9 | | than 4 families
living independently of each other, if the | 10 | | owner resides in one of the housing accommodations.
This | 11 | | exemption does not apply to paragraph (F) of Section 3-102.
| 12 | | (C) Private Rooms. Rental of a room or rooms in a private | 13 | | home by
an owner if he or she or a member of his or her family | 14 | | resides therein or,
while absent for a period of not more than | 15 | | twelve months, if he or she or a
member of his or her family | 16 | | intends to return to reside therein.
| 17 | | (D) Reasonable local, State, or Federal restrictions
| 18 | | regarding the maximum number of occupants permitted to occupy | 19 | | a dwelling.
| 20 | | (E) Religious Organizations. A religious organization, | 21 | | association,
or society, or any nonprofit institution or | 22 | | organization operated,
supervised or controlled by or in | 23 | | conjunction with a religious
organization, association, or | 24 | | society, from limiting the sale, rental or
occupancy of a | 25 | | dwelling which it owns or operates for other than a
commercial | 26 | | purpose to persons of the same religion, or from giving
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| 1 | | preference to such persons, unless membership in such religion | 2 | | is
restricted on account of race, color, or national origin.
| 3 | | (F) Sex. Restricting the rental of rooms in a housing | 4 | | accommodation to
persons of one sex.
| 5 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct | 6 | | against a person because such person has been convicted by
any | 7 | | court of competent jurisdiction of the illegal manufacture or
| 8 | | distribution of a controlled substance as defined in Section | 9 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 10 | | (H) Persons engaged in the business of furnishing | 11 | | appraisals of real
property from taking into consideration | 12 | | factors other than those based on
unlawful discrimination or | 13 | | familial status or source of income in furnishing appraisals.
| 14 | | (H-1) The owner of an owner-occupied residential building | 15 | | with 4 or
fewer units (including the unit in which the owner | 16 | | resides) from making
decisions regarding whether to rent to a | 17 | | person based upon that person's
sexual orientation.
| 18 | | (I) Housing for Older Persons. No provision in this | 19 | | Article regarding
familial status shall apply with respect to | 20 | | housing for older persons.
| 21 | | (1) As used in this Section, "housing for older | 22 | | persons" means housing:
| 23 | | (a) provided under any State or Federal program | 24 | | that the Department
determines is specifically | 25 | | designed and operated to assist elderly persons
(as | 26 | | defined in the State or Federal program); or
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| 1 | | (b) intended for, and solely occupied by, persons | 2 | | 62 years of age or
older;
or
| 3 | | (c) intended and operated for occupancy by persons | 4 | | 55 years of age or
older and:
| 5 | | (i) at least 80% of the occupied units are | 6 | | occupied by at
least one person who is 55 years of | 7 | | age or older;
| 8 | | (ii) the housing facility or community | 9 | | publishes and adheres to
policies and procedures
| 10 | | that demonstrate the intent required under this
| 11 | | subdivision (c); and
| 12 | | (iii) the housing facility or community | 13 | | complies with rules adopted by
the
Department for | 14 | | verification of occupancy, which shall:
| 15 | | (aa) provide for verification by reliable | 16 | | surveys and affidavits;
and
| 17 | | (bb) include examples of the types of | 18 | | policies and procedures
relevant to
a | 19 | | determination of compliance with the | 20 | | requirement of clause (ii).
| 21 | | These surveys and affidavits shall be admissible in | 22 | | administrative and
judicial proceedings for the purposes | 23 | | of such verification.
| 24 | | (2) Housing shall not fail to meet the requirements | 25 | | for housing for
older persons by reason of:
| 26 | | (a) persons residing in such housing as of the |
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| 1 | | effective date of this
amendatory Act of 1989 who do | 2 | | not meet the age requirements of subsections
(1)(b) or | 3 | | (c); provided, that new occupants of such housing meet | 4 | | the age
requirements of
subsections (1)(b) or (c) of | 5 | | this subsection; or
| 6 | | (b) unoccupied units; provided, that such units | 7 | | are reserved for
occupancy by persons who meet the age | 8 | | requirements of subsections (1)(b)
or (c) of this | 9 | | subsection.
| 10 | | (3)(a) A person shall not be held personally liable | 11 | | for monetary damages
for a violation of this Article if | 12 | | the person reasonably relied, in good
faith, on the | 13 | | application of the exemption under this subsection (I) | 14 | | relating
to housing for older persons.
| 15 | | (b) For the purposes of this item (3), a person may | 16 | | show good faith
reliance on the application of the | 17 | | exemption only by showing that:
| 18 | | (i) the person has no actual knowledge that the | 19 | | facility or community
is
not, or will not be, eligible | 20 | | for the exemption; and
| 21 | | (ii) the facility or community has stated | 22 | | formally, in writing, that
the
facility or community | 23 | | complies with the requirements for the exemption.
| 24 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 25 | | sex offender who owns and resides at residential real estate | 26 | | to rent any residential unit within the same building in which |
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| 1 | | he or she resides to a person who is the parent or guardian of | 2 | | a child or children under 18 years of age. | 3 | | (K) Arrest Records. Inquiry into or the use of an arrest | 4 | | record if the inquiry or use is otherwise authorized by State | 5 | | or federal law. | 6 | | (K-5) Conviction Record. Inquiry into or the use of a | 7 | | conviction record if the inquiry or use is otherwise | 8 | | authorized by State or federal law. | 9 | | (L) Financial Institutions. A financial institution as | 10 | | defined in Article 4 from considering source of income in a | 11 | | real estate transaction in compliance with State or federal | 12 | | law. | 13 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
| 14 | | (775 ILCS 5/7-114 new) | 15 | | Sec. 7-114. Protected class status for formerly convicted | 16 | | persons. | 17 | | (A) A formerly convicted person may petition the | 18 | | Department for a grant of protected class status as provided | 19 | | in this Section. The Department may grant protected class | 20 | | status to a formerly convicted person who meets the following | 21 | | conditions: | 22 | | (1) the person has complied with each term and | 23 | | condition of the person's parole, mandatory supervised | 24 | | release, probation, or conditional discharge; | 25 | | (2) if the person has not obtained a high school |
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| 1 | | diploma or received a high school equivalency certificate | 2 | | and has not been diagnosed as a person having an | 3 | | intellectual or developmental disability that prevents the | 4 | | person from successfully passing the high school | 5 | | equivalency test, the person must have passed the high | 6 | | school equivalency test and been issued a high school | 7 | | equivalency certificate under Section 3-15.12 of the | 8 | | School Code; | 9 | | (3) the person must: | 10 | | (a) be employed or actively seeking employment | 11 | | unless the person has been diagnosed as a person | 12 | | having an intellectual or developmental disability | 13 | | that prevents the person from being employed; or | 14 | | (b) be enrolled in or have successfully completed | 15 | | a vocational training or college educational program | 16 | | unless the person has been diagnosed as a person | 17 | | having an intellectual or developmental disability | 18 | | that prevents the person from successfully completing | 19 | | a vocational or college educational program; | 20 | | (4) the person must, for a minimum of 5 years after | 21 | | completion of the person's parole, mandatory supervised | 22 | | release, probation, or conditional discharge, not have | 23 | | been convicted of a felony or misdemeanor under the laws | 24 | | of this State or a municipal or county ordinance of a | 25 | | county or municipality of this State, another state, | 26 | | territory, or possession of the United States, federal |
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| 1 | | law, or the laws of another country that guarantees due | 2 | | process rights similar to those of the United States; and | 3 | | (5) must have completed all sanctions imposed upon the | 4 | | person through due process of law for the person's | 5 | | conviction. | 6 | | (B) The Department shall determine by rule: | 7 | | (1) what constitutes having an intellectual or | 8 | | developmental disability that prevents the formerly | 9 | | convicted person from meeting the requirements of | 10 | | paragraphs (2) and (3) of subsection (A); and | 11 | | (2) who is qualified to diagnose such a person. | 12 | | (C) The Department shall adopt rules, subject to the | 13 | | Illinois Administrative Procedure Act, to carry out the | 14 | | provisions of this Section. | 15 | | (D) Protected class status previously granted to a | 16 | | formerly convicted person under this Section shall be revoked | 17 | | by the Department after notice and a hearing, if the formerly | 18 | | convicted person is subsequently convicted of a felony or | 19 | | misdemeanor, other than a minor traffic offense, under the | 20 | | laws of this State, another state, territory, or possession of | 21 | | the United States, federal law, or the laws of another country | 22 | | that guarantees due process rights similar to those of the | 23 | | United States. The revocation process shall be initiated by a | 24 | | petition filed by a State's Attorney, the Attorney General, | 25 | | other prosecutor, or the Department, that sets forth the date | 26 | | of the subsequent offense, description of the offense, date of |
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| 1 | | conviction for the subsequent offense, and sentence imposed | 2 | | for the conviction. A copy of the petition and notice of the | 3 | | hearing date on the petition shall be served on the formerly | 4 | | convicted person. | 5 | | (E) Nothing in this Section shall preclude a law | 6 | | enforcement agency from continuing to conduct background | 7 | | investigations on applicants and employees or disqualifying | 8 | | applicants due to such investigations. ".
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