Full Text of SB0664 103rd General Assembly
SB0664sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 3/28/2023
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| 1 | | AMENDMENT TO SENATE BILL 664
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 664 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 Section | 6 | | 3-102.2 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 to inquire into a | 10 | | person's conviction record as defined under subsection (G-5) | 11 | | of Section 1-103 prior to making a conditional offer to sell, | 12 | | lease, or rent real property. As used in this Section, | 13 | | "conditional offer" means an offer to sell, lease, or rent | 14 | | real property contingent on conducting a criminal history | 15 | | check or criminal background check. | 16 | | (B) Unless otherwise authorized by law, it is a civil |
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| 1 | | rights violation for an owner or any other person engaging in a | 2 | | real estate transaction, or for a real estate broker or | 3 | | salesman, because of conviction record, to: | 4 | | (1) refuse to engage in a real estate transaction with | 5 | | a person or to discriminate in making available such a | 6 | | transaction; | 7 | | (2) alter the terms, conditions, or privilege of a | 8 | | real estate transaction or in the furnishing of facilities | 9 | | or services in connection therewith; | 10 | | (3) refuse to receive or to fail to transmit a bona | 11 | | fide offer to engage in a real estate transaction from a | 12 | | person; | 13 | | (4) refuse to negotiate for a real estate transaction | 14 | | with a person; | 15 | | (5) represent to a person that real property is not | 16 | | available for inspection, sale, rental, or lease when in | 17 | | fact it is so available, or to fail to bring a property | 18 | | listing to his or her attention, or to refuse to permit him | 19 | | or her to inspect real property; | 20 | | (6) make, print, circulate, post, mail, publish, or | 21 | | cause to be made, printed, circulated, posted, mailed, or | 22 | | published any notice, statement, advertisement, or sign, | 23 | | or use a form of application for a real estate | 24 | | transaction, or make a record or inquiry in connection | 25 | | with a prospective real estate transaction, that indicates | 26 | | any preference or limitation, or an intention to make any |
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| 1 | | such preference, limitation, or discrimination; or | 2 | | (7) offer, solicit, accept, use, or retain a listing | 3 | | of real property with knowledge that discrimination in a | 4 | | real estate transaction is intended. | 5 | | (C) Nothing in this Article shall be construed to require | 6 | | an owner or any other person to conduct a criminal history | 7 | | check or criminal background check after making a conditional | 8 | | offer to sell, lease, or rent real property. Unless otherwise | 9 | | authorized by law, it is a civil rights violation to use a | 10 | | conviction record as a basis to rescind a conditional offer to | 11 | | sell, lease, or rent real property, unless: | 12 | | (1) there is a substantial relationship between one or | 13 | | more of the previous criminal offenses and the offer made; | 14 | | (2) the granting or continuation of the offer would | 15 | | involve an unreasonable risk to property or to the safety | 16 | | or welfare of specific individuals or the general public; | 17 | | or | 18 | | (3) the use is otherwise authorized by law. | 19 | | As used in this subsection, "substantial relationship" | 20 | | means a consideration of whether the conditional offer | 21 | | presents an opportunity for the same or a similar offense to | 22 | | occur and whether the circumstances leading to the conduct for | 23 | | which the person was convicted will recur as a result of the | 24 | | offer. | 25 | | (D) In making a determination pursuant to subsection (C), | 26 | | an owner or any other person who elects to, or is otherwise |
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| 1 | | required to, consider a person's conviction record in | 2 | | connection with a conditional offer shall consider the | 3 | | following factors before making a preliminary decision that | 4 | | the conviction record is disqualifying: | 5 | | (1) the nature and severity of the conduct underlying | 6 | | the conviction; | 7 | | (2) whether the nature of the conviction presents a | 8 | | direct threat to the health or safety of other tenants or | 9 | | to the property; | 10 | | (3) the terms of the sentence; | 11 | | (4) the number of convictions on the person's record; | 12 | | (5) the age of the person at the time of the | 13 | | conviction; | 14 | | (6) the length of time since the conviction; and | 15 | | (7) evidence of rehabilitation. | 16 | | (E) If, after considering the factors in subsection (C), | 17 | | the owner or any other person making the conditional offer | 18 | | makes a preliminary decision that the conviction record is | 19 | | disqualifying, the owner or person making the conditional | 20 | | offer shall provide written notification to the disqualified | 21 | | person within 5 business days which shall contain the | 22 | | following: | 23 | | (1) notice of the disqualifying conviction or | 24 | | convictions that are the basis of the preliminary decision | 25 | | and the reasons for the disqualification; | 26 | | (2) a copy of the conviction record or other |
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| 1 | | information relied upon to make the preliminary decision | 2 | | to disqualify; and | 3 | | (3) an explanation of the disqualified person's right | 4 | | to respond to the decision of the owner or any other person | 5 | | making the conditional offer before the preliminary | 6 | | decision becomes final. The explanation shall inform the | 7 | | disqualified person that the response may include, but is | 8 | | not limited to, submission of evidence challenging the | 9 | | accuracy of the conviction record that is the basis for | 10 | | the disqualification, or evidence of mitigation, such as | 11 | | rehabilitation. | 12 | | (F) The disqualified person shall have at least 5 business | 13 | | days to respond to the notification as provided under | 14 | | subsection (D). | 15 | | (G) The owner or person making the conditional offer shall | 16 | | consider information submitted by the disqualified person | 17 | | before making a final decision. If an owner or any other person | 18 | | making the conditional offer makes a final decision based on | 19 | | the disqualified person's conviction record, the owner or any | 20 | | other person making the conditional offer shall provide | 21 | | written notification to the disqualified person within 5 | 22 | | business days which shall contain the following: | 23 | | (1) notice of the disqualifying conviction or | 24 | | convictions that are the basis of the final decision and | 25 | | the reasons for the disqualification; | 26 | | (2) any existing procedure the owner or any other |
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| 1 | | person making the conditional offer has for the | 2 | | disqualified person to challenge the decision or request | 3 | | reconsideration; and | 4 | | (3) the right to file a charge with the Department. | 5 | | (775 ILCS 5/3-102.10) | 6 | | Sec. 3-102.10. Third-party loan modification service | 7 | | provider. | 8 | | (A) It is a civil rights violation for a third-party loan | 9 | | modification service provider, because of unlawful | 10 | | discrimination, familial status, or an arrest record, or a | 11 | | conviction record, to: | 12 | | (1) refuse to engage in loan modification services; | 13 | | (2) alter the terms, conditions, or privileges of such
| 14 | | services; or | 15 | | (3) discriminate in making such services available, | 16 | | including, but not limited to, by making a statement, | 17 | | advertisement, representation, inquiry, listing, offer, or | 18 | | solicitation that indicates a preference or the intention | 19 | | to make such a preference in making such services | 20 | | available. | 21 | | (B) For purposes of this Section, "third-party loan | 22 | | modification service provider" means a person or entity, | 23 | | whether licensed or not, who, for or with the expectation of | 24 | | receiving consideration, provides assistance or services to a | 25 | | loan borrower to obtain a modification to a term of an existing |
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| 1 | | real estate loan or to obtain foreclosure relief. "Third-party | 2 | | loan modification service provider" does not include lenders, | 3 | | brokers or appraisers of mortgage loans, or the servicers, | 4 | | subsidiaries, affiliates, or agents of the lender.
| 5 | | (Source: P.A. 102-362, eff. 1-1-22 .) | 6 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 7 | | Sec. 3-106. Exemptions.
Nothing contained in Sections | 8 | | Section 3-102 and 3-102.2 shall
prohibit:
| 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:
| 12 | | (a) 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;
| 15 | | (b) The owner or a member of his or her family was | 16 | | the last current
resident of the home;
| 17 | | (c) The home is sold without the use in any manner | 18 | | of the sales or
rental facilities or services of any | 19 | | real estate broker or salesman, or
of any employee or | 20 | | agent of any real estate broker or salesman;
| 21 | | (d) 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 | 24 | | Section 3-102.
| 25 | | (2) This exemption does not apply to paragraph (F) of |
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| 1 | | Section 3-102.
| 2 | | (B) Apartments. Rental of a housing accommodation in a | 3 | | building
which contains housing accommodations for not more | 4 | | than 4 families
living independently of each other, if the | 5 | | owner resides in one of the housing accommodations.
This | 6 | | exemption does not apply to paragraph (F) of Section 3-102.
| 7 | | (C) Private Rooms. Rental of a room or rooms in a private | 8 | | home by
an owner if he or she or a member of his or her family | 9 | | resides therein or,
while absent for a period of not more than | 10 | | twelve months, if he or she or a
member of his or her family | 11 | | intends to return to reside therein.
| 12 | | (D) Reasonable local, State, or Federal restrictions
| 13 | | regarding the maximum number of occupants permitted to occupy | 14 | | a dwelling.
| 15 | | (E) Religious Organizations. A religious organization, | 16 | | association,
or society, or any nonprofit institution or | 17 | | organization operated,
supervised or controlled by or in | 18 | | conjunction with a religious
organization, association, or | 19 | | society, from limiting the sale, rental or
occupancy of a | 20 | | dwelling which it owns or operates for other than a
commercial | 21 | | purpose to persons of the same religion, or from giving
| 22 | | preference to such persons, unless membership in such religion | 23 | | is
restricted on account of race, color, or national origin.
| 24 | | (F) Sex. Restricting the rental of rooms in a housing | 25 | | accommodation to
persons of one sex.
| 26 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct |
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| 1 | | against a person because such person has been convicted by
any | 2 | | court of competent jurisdiction of the illegal manufacture or
| 3 | | distribution of a controlled substance as defined in Section | 4 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 5 | | (H) Persons engaged in the business of furnishing | 6 | | appraisals of real
property from taking into consideration | 7 | | factors other than those based on
unlawful discrimination or | 8 | | familial status or source of income in furnishing appraisals.
| 9 | | (H-1) The owner of an owner-occupied residential building | 10 | | with 4 or
fewer units (including the unit in which the owner | 11 | | resides) from making
decisions regarding whether to rent to a | 12 | | person based upon that person's
sexual orientation or | 13 | | conviction record .
| 14 | | (I) Housing for Older Persons. No provision in this | 15 | | Article regarding
familial status shall apply with respect to | 16 | | housing for older persons.
| 17 | | (1) As used in this Section, "housing for older | 18 | | persons" means housing:
| 19 | | (a) provided under any State or Federal program | 20 | | that the Department
determines is specifically | 21 | | designed and operated to assist elderly persons
(as | 22 | | defined in the State or Federal program); or
| 23 | | (b) intended for, and solely occupied by, persons | 24 | | 62 years of age or
older;
or
| 25 | | (c) intended and operated for occupancy by persons | 26 | | 55 years of age or
older and:
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| 1 | | (i) at least 80% of the occupied units are | 2 | | occupied by at
least one person who is 55 years of | 3 | | age or older;
| 4 | | (ii) the housing facility or community | 5 | | publishes and adheres to
policies and procedures
| 6 | | that demonstrate the intent required under this
| 7 | | subdivision (c); and
| 8 | | (iii) the housing facility or community | 9 | | complies with rules adopted by
the
Department for | 10 | | verification of occupancy, which shall:
| 11 | | (aa) provide for verification by reliable | 12 | | surveys and affidavits;
and
| 13 | | (bb) include examples of the types of | 14 | | policies and procedures
relevant to
a | 15 | | determination of compliance with the | 16 | | requirement of clause (ii).
| 17 | | These surveys and affidavits shall be admissible in | 18 | | administrative and
judicial proceedings for the purposes | 19 | | of such verification.
| 20 | | (2) Housing shall not fail to meet the requirements | 21 | | for housing for
older persons by reason of:
| 22 | | (a) persons residing in such housing as of the | 23 | | effective date of this
amendatory Act of 1989 who do | 24 | | not meet the age requirements of subsections
(1)(b) or | 25 | | (c); provided, that new occupants of such housing meet | 26 | | the age
requirements of
subsections (1)(b) or (c) of |
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| 1 | | this subsection; or
| 2 | | (b) unoccupied units; provided, that such units | 3 | | are reserved for
occupancy by persons who meet the age | 4 | | requirements of subsections (1)(b)
or (c) of this | 5 | | subsection.
| 6 | | (3)(a) A person shall not be held personally liable | 7 | | for monetary damages
for a violation of this Article if | 8 | | the person reasonably relied, in good
faith, on the | 9 | | application of the exemption under this subsection (I) | 10 | | relating
to housing for older persons.
| 11 | | (b) For the purposes of this item (3), a person may | 12 | | show good faith
reliance on the application of the | 13 | | exemption only by showing that:
| 14 | | (i) the person has no actual knowledge that the | 15 | | facility or community
is
not, or will not be, eligible | 16 | | for the exemption; and
| 17 | | (ii) the facility or community has stated | 18 | | formally, in writing, that
the
facility or community | 19 | | complies with the requirements for the exemption.
| 20 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 21 | | sex offender who owns and resides at residential real estate | 22 | | to rent any residential unit within the same building in which | 23 | | he or she resides to a person who is the parent or guardian of | 24 | | a child or children under 18 years of age. | 25 | | (K) Arrest Records. Inquiry into or the use of an arrest | 26 | | record if the inquiry or use is otherwise authorized by State |
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| 1 | | or federal law. | 2 | | (K-5) Conviction Record. Inquiry into or the use of a | 3 | | conviction record if the inquiry or use is otherwise | 4 | | authorized by State or federal law. | 5 | | (K-10) Sex Offender Conviction Records. Use of a criminal | 6 | | conviction that results in a current sex offender registration | 7 | | requirement pursuant to the Sex Offender Registration Act, or | 8 | | similar law in another jurisdiction, or a current child sex | 9 | | offender residency restriction. | 10 | | (L) Financial Institutions. A financial institution as | 11 | | defined in Article 4 from considering source of income in a | 12 | | real estate transaction in compliance with State or federal | 13 | | law. | 14 | | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)".
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