State of Illinois
92nd General Assembly

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 1        AN ACT concerning human rights.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois Human Rights Act is amended by
 5    changing Sections 3-102 and 3-106 as follows:

 6        (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
 7        Sec.  3-102.   Civil  Rights  Violations;   Real   Estate
 8    Transactions.)
 9        (1)  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  unlawful
12    discrimination or familial status, to
13             (A)  Transaction.  Refuse to engage in a real estate
14        transaction with a person or to  discriminate  in  making
15        available such a transaction;
16             (B)  Terms.    Alter   the   terms,   conditions  or
17        privileges  of  a  real  estate  transaction  or  in  the
18        furnishing  of  facilities  or  services  in   connection
19        therewith;
20             (C)  Offer. Refuse to receive or to fail to transmit
21        a  bona fide offer to engage in a real estate transaction
22        from a person;
23             (D)  Negotiation.  Refuse to negotiate  for  a  real
24        estate transaction with a person;
25             (E)  Representations.   Represent  to  a person that
26        real property is  not  available  for  inspection,  sale,
27        rental,  or  lease when in fact it is so available, or to
28        fail to bring a property listing to his or her attention,
29        or to refuse  to  permit  him  or  her  to  inspect  real
30        property;
31             (F)  Publication of Intent.  Print, circulate, post,
                            -2-                LRB9207606WHcs
 1        mail,  publish  or  cause to be so published a written or
 2        oral statement, advertisement or sign, or to use  a  form
 3        of  application for a real estate transaction, or to make
 4        a record or inquiry in connection with a prospective real
 5        estate  transaction,  which  expresses   any   limitation
 6        founded  upon,  or  indicates, directly or indirectly, an
 7        intent to engage in unlawful discrimination;
 8             (G)  Listings.   Offer,  solicit,  accept,  use   or
 9        retain  a  listing  of  real property with knowledge that
10        unlawful discrimination or discrimination on the basis of
11        familial status in a real estate transaction is intended.
12        (2)  It is a civil rights violation for the owner of  any
13    housing accommodation or an agent or employee of the owner to
14    refuse  to  rent  the  housing  accommodation  to  any person
15    because a majority of the person's income consists  of  child
16    support payments.
17    (Source: P.A. 86-910.)

18        (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
19        Sec.  3-106.   Exemptions.)  Nothing contained in Section
20    3-102 shall prohibit:
21        (A)  Private Sales of Single Family Homes.  Any sale of a
22    single family home by its owner  so  long  as  the  following
23    criteria are met:
24             (1)  The  owner  does  not  own or have a beneficial
25        interest in more than three single family  homes  at  the
26        time of the sale;
27             (2)  The  owner or a member of his or her family was
28        the last current resident of the home;
29             (3)  The home is sold without the use in any  manner
30        of the sales or rental facilities or services of any real
31        estate broker or salesman, or of any employee or agent of
32        any real estate broker or salesman;
33             (4)  The  home  is  sold  without  the  publication,
                            -3-                LRB9207606WHcs
 1        posting or mailing, after notice, of any advertisement or
 2        written  notice  in  violation  of  paragraph  (1)(F)  of
 3        Section 3-102.
 4        (B)  Apartments.   Rental of a housing accommodation in a
 5    building which contains housing accommodations for  not  more
 6    than five families living independently of each other, if the
 7    lessor or a member of his or her family resides in one of the
 8    housing accommodations;
 9        (C)  Private  Rooms.   Rental  of  a  room  or rooms in a
10    private home by an owner if he or she or a member of  his  or
11    her  family  resides therein or, while absent for a period of
12    not more than twelve months, if he or she or a member of  his
13    or her family intends to return to reside therein;
14        (D)  Reasonable  local,  State,  or  Federal restrictions
15    regarding the maximum number of occupants permitted to occupy
16    a dwelling.
17        (E)  Religious Organizations.  A religious  organization,
18    association,  or  society,  or  any  nonprofit institution or
19    organization operated, supervised  or  controlled  by  or  in
20    conjunction  with  a  religious organization, association, or
21    society, from limiting the sale, rental  or  occupancy  of  a
22    dwelling   which  it  owns  or  operates  for  other  than  a
23    commercial purpose to persons of the same religion,  or  from
24    giving preference  to such persons, unless membership in such
25    religion is restricted on account of race, color, or national
26    origin.
27        (F)  Sex.   Restricting  the rental of rooms in a housing
28    accommodation to persons of one sex.
29        (G)  Persons Convicted of Drug-Related Offenses.  Conduct
30    against  a  person  because such person has been convicted by
31    any  court  of  competent   jurisdiction   of   the   illegal
32    manufacture  or  distribution  of  a  controlled substance as
33    defined in Section 102 of the federal  Controlled  Substances
34    Act (21 U.S.C. 802).
                            -4-                LRB9207606WHcs
 1        (H)  Persons   engaged  in  the  business  of  furnishing
 2    appraisals of real property from  taking  into  consideration
 3    factors  other than those based on unlawful discrimination or
 4    familial status in furnishing appraisals.
 5        (I)  Housing for Older  Persons.  No  provision  in  this
 6    Article regarding familial status shall apply with respect to
 7    housing for older persons.
 8             (1)  As  used  in  this  Section, "housing for older
 9        persons" means housing:
10                  (a)  provided  under  any  State   or   Federal
11             program    that   the   Department   determines   is
12             specifically designed and operated to assist elderly
13             persons  (as  defined  in  the  State   or   Federal
14             program); or
15                  (b)  intended  for,  and  solely  occupied  by,
16             persons 62 years of age or older; or
17                  (c)  intended  and  operated  for  occupancy by
18             persons 55 years of age or older and:
19                       (i)  at least 80% of  the  occupied  units
20                  are  occupied  by at least one person who is 55
21                  years of age or older;
22                       (ii)  the housing  facility  or  community
23                  publishes   and   adheres   to   policies   and
24                  procedures that demonstrate the intent required
25                  under this subdivision (c); and
26                       (iii)  the  housing  facility or community
27                  complies with rules adopted by  the  Department
28                  for verification of occupancy, which shall:
29                            (aa)  provide   for  verification  by
30                       reliable surveys and affidavits; and
31                            (bb)  include examples of  the  types
32                       of  policies  and procedures relevant to a
33                       determination  of  compliance   with   the
34                       requirement of clause (ii).
                            -5-                LRB9207606WHcs
 1        These  surveys  and  affidavits  shall  be  admissible in
 2    administrative and judicial proceedings for the  purposes  of
 3    such verification.
 4             (2)  Housing shall not fail to meet the requirements
 5        for housing for older persons by reason of:
 6                  (a)  persons residing in such housing as of the
 7             effective date of this amendatory Act of 1989 who do
 8             not  meet the age requirements of subsections (1)(b)
 9             or (c); provided, that new occupants of such housing
10             meet the age requirements of subsections  (1)(b)  or
11             (c) of this subsection; or
12                  (b)  unoccupied   units;  provided,  that  such
13             units are reserved for occupancy by persons who meet
14             the age requirements of subsections (1)(b) or (c) of
15             this subsection.
16             (3) (a)  A  person  shall  not  be  held  personally
17             liable for monetary damages for a violation of  this
18             Article  if  the  person  reasonably relied, in good
19             faith, on the application  of  the  exemption  under
20             this  subsection  (I)  relating to housing for older
21             persons.
22                  (b)  For the  purposes  of  this  item  (3),  a
23             person   may   show   good  faith  reliance  on  the
24             application of the exemption only by showing that:
25                       (i)  the person has  no  actual  knowledge
26                  that  the facility or community is not, or will
27                  not be, eligible for the exemption; and
28                       (ii)  the facility or community has stated
29                  formally, in  writing,  that  the  facility  or
30                  community  complies  with  the requirements for
31                  the exemption.
32    (Source: P.A. 89-520, eff. 7-18-96.)

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