Full Text of HB0257 95th General Assembly
HB0257enr 95TH GENERAL ASSEMBLY
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HB0257 Enrolled |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Section 3-106 as follows: | 6 |
| (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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| Sec. 3-106. Exemptions. )
Nothing contained in Section | 8 |
| 3-102 shall
prohibit:
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| (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:
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| (a)
(1) 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;
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| (b)
(2) The owner or a member of his or her family | 16 |
| was the last current
resident of the home;
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| (c)
(3) The home is sold without the use in any | 18 |
| manner of the sales or
rental facilities or services of | 19 |
| any real estate broker or salesman, or
of any employee | 20 |
| or agent of any real estate broker or salesman;
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| (d)
(4) 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 |
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| Section 3-102.
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| (2) This exemption does not apply to paragraph (F) of | 3 |
| Section 3-102.
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| (B) Apartments. Rental of a housing accommodation in a | 5 |
| building
which contains housing accommodations for not more | 6 |
| than 4
five families
living independently of each other, if the | 7 |
| owner
lessor or a member of his or
her family resides in one of | 8 |
| the housing accommodations . ;
This exemption does not apply to | 9 |
| paragraph (F) of Section 3-102.
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| (C) Private Rooms. Rental of a room or rooms in a private | 11 |
| home by
an owner if he or she or a member of his or her family | 12 |
| resides therein or,
while absent for a period of not more than | 13 |
| twelve months, if he or she or a
member of his or her family | 14 |
| 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 | 17 |
| dwelling.
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| (E) Religious Organizations. A religious organization, | 19 |
| association,
or society, or any nonprofit institution or | 20 |
| organization operated,
supervised or controlled by or in | 21 |
| conjunction with a religious
organization, association, or | 22 |
| society, from limiting the sale, rental or
occupancy of a | 23 |
| dwelling which it owns or operates for other than a
commercial | 24 |
| purpose to persons of the same religion, or from giving
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| preference to such persons, unless membership in such religion | 26 |
| is
restricted on account of race, color, or national origin.
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| (F) Sex. Restricting the rental of rooms in a housing | 2 |
| accommodation to
persons of one sex.
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| (G) Persons Convicted of Drug-Related Offenses.
Conduct | 4 |
| against a person because such person has been convicted by
any | 5 |
| court of competent jurisdiction of the illegal manufacture or
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| distribution of a controlled substance as defined in Section | 7 |
| 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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| (H) Persons engaged in the business of furnishing | 9 |
| appraisals of real
property from taking into consideration | 10 |
| factors other than those based on
unlawful discrimination or | 11 |
| familial status in furnishing appraisals.
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| (H-1) The owner of an owner-occupied residential building | 13 |
| with 4
5 or
fewer units (including the unit in which the owner | 14 |
| resides) from making
decisions regarding whether to rent to a | 15 |
| person based upon that person's
sexual orientation.
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| (I) Housing for Older Persons. No provision in this Article | 17 |
| regarding
familial status shall apply with respect to housing | 18 |
| for older persons.
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| (1) As used in this Section, "housing for older | 20 |
| persons" means housing:
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| (a) provided under any State or Federal program | 22 |
| that the Department
determines is specifically | 23 |
| designed and operated to assist elderly persons
(as | 24 |
| defined in the State or Federal program); or
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| (b) intended for, and solely occupied by, persons | 26 |
| 62 years of age or
older;
or
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| (c) intended and operated for occupancy by persons | 2 |
| 55 years of age or
older and:
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| (i) at least 80% of the occupied units are | 4 |
| occupied by at
least one person who is 55 years of | 5 |
| age or older;
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| (ii) the housing facility or community | 7 |
| 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 | 11 |
| complies with rules adopted by
the
Department for | 12 |
| verification of occupancy, which shall:
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| (aa) provide for verification by reliable | 14 |
| surveys and affidavits;
and
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| (bb) include examples of the types of | 16 |
| policies and procedures
relevant to
a | 17 |
| determination of compliance with the | 18 |
| requirement of clause (ii).
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| These surveys and affidavits shall be admissible in | 20 |
| administrative and
judicial proceedings for the purposes | 21 |
| of such verification.
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| (2) Housing shall not fail to meet the requirements for | 23 |
| housing for
older persons by reason of:
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| (a) persons residing in such housing as of the | 25 |
| effective date of this
amendatory Act of 1989 who do | 26 |
| not meet the age requirements of subsections
(1)(b) or |
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| (c); provided, that new occupants of such housing meet | 2 |
| the age
requirements of
subsections (1)(b) or (c) of | 3 |
| this subsection; or
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| (b) unoccupied units; provided, that such units | 5 |
| are reserved for
occupancy by persons who meet the age | 6 |
| requirements of subsections (1)(b)
or (c) of this | 7 |
| subsection.
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| (3) (a) A person shall not be held personally liable | 9 |
| for monetary damages
for a violation of this Article if | 10 |
| the person reasonably relied, in good
faith, on the | 11 |
| application of the exemption under this subsection (I) | 12 |
| relating
to housing for older persons.
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| (b) For the purposes of this item (3), a person may | 14 |
| show good faith
reliance on the application of the | 15 |
| exemption only by showing that:
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| (i) the person has no actual knowledge that the | 17 |
| facility or community
is
not, or will not be, | 18 |
| eligible for the exemption; and
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| (ii) the facility or community has stated | 20 |
| formally, in writing, that
the
facility or | 21 |
| community complies with the requirements for the | 22 |
| exemption.
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| (Source: P.A. 93-1078, eff. 1-1-06 .)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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