Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 3 - Real Estate Transactions

(775 ILCS 5/Art. 3 heading)

(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
Sec. 3-101.
Definitions.
The following definitions are applicable strictly
in the context of this Article:
(A) Real Property. "Real property" includes buildings, structures, real
estate, lands, tenements, leaseholds, interests in real estate cooperatives,
condominiums, and hereditaments, corporeal and incorporeal, or any interest
therein.
(B) Real Estate Transaction. "Real estate transaction" includes the
sale, exchange, rental or lease of real property. "Real estate
transaction" also includes the brokering or appraising of residential real
property and the making or purchasing of loans or providing other financial assistance:
(1) for purchasing, constructing, improving, repairing or maintaining a dwelling; or
(2) secured by residential real estate.
(C) Housing Accommodations. "Housing accommodation" includes any improved
or unimproved real property, or part thereof, which is used or occupied,
or is intended, arranged or designed to be used or occupied, as the home
or residence of one or more individuals.
(D) Real Estate Broker or Salesman. "Real estate broker or salesman"
means a person, whether licensed or not, who, for or with the expectation
of receiving a consideration, lists, sells, purchases, exchanges, rents,
or leases real property, or who negotiates or attempts to negotiate any
of these activities, or who holds himself or herself out as engaged in these.
(E) Familial Status. "Familial status" means one or more individuals
(who have not attained the age of 18 years) being domiciled with:
(1) a parent or person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody,
with the written permission of such parent or
other person.
The protections afforded by this Article against discrimination on the
basis of familial status apply to any person who is pregnant or is in the
process of securing legal custody of any individual who has not attained
the age of 18 years.
(F) Conciliation. "Conciliation" means the attempted resolution of
issues raised by a charge, or by the investigation of
such charge, through informal negotiations involving the
aggrieved party, the respondent and the Department.
(G) Conciliation Agreement. "Conciliation agreement" means a written
agreement setting forth the resolution of the issues in conciliation.
(H) Covered Multifamily Dwellings. As used in Section 3-102.1, "covered
multifamily dwellings" means:
(1) buildings consisting of 4 or more units if such buildings have one
or more elevators; and
(2) ground floor units in other buildings consisting of 4 or more units.

(Source: P.A. 86-820; 86-910; 86-1028.)

(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
Sec. 3-102. Civil rights violations; real estate transactions. It
is a civil rights violation for an owner or any other person engaging in
a real estate transaction, or for a real estate broker or salesman,
because of unlawful discrimination, familial status, source of income, or an arrest record, as defined under subsection (B-5) of Section 1-103, to:
(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)

(775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1)
Sec. 3-102.1. Disability.
(A) It is a civil rights violation to refuse
to sell or rent or to otherwise
make unavailable or deny a dwelling to any buyer or renter because of a
disability of that buyer or renter, a disability of a person residing or intending
to reside in that dwelling after it is sold, rented or made available or
a disability of any person associated with the buyer or renter.
(B) It is a civil rights violation to alter the terms, conditions or privileges
of sale or rental of a dwelling or the provision of services or facilities
in connection with such dwelling because of a disability of a person with a disability

or a disability of any person residing or intending to reside in that dwelling
after it is sold, rented or made available, or a disability of any person associated
with that person.
(C) It is a civil rights violation:
(D) Compliance with the appropriate standards of the Illinois Accessibility
Code for adaptable dwelling units (71 Illinois Administrative Code Section 400.350 (e)
1-6) suffices to satisfy the requirements of subsection (C)(3)(c).
(E) If a unit of local government has incorporated into its law the
requirements set forth in subsection (C)(3), compliance
with its law shall be deemed to satisfy the requirements of that subsection.
(F) A unit of local government may review and approve newly constructed
covered multifamily dwellings for the purpose of making determinations as
to whether the design and construction requirements
of subsection (C)(3) are met.
(G) The Department shall encourage, but may not require, units of local
government to include in their existing procedures for the review and
approval of newly constructed covered multifamily dwellings, determinations
as to whether the design and construction of such dwellings are consistent
with subsection (C)(3), and shall provide technical
assistance to units of local government and other persons to implement the
requirements of subsection (C)(3).
(H) Nothing in this Act shall be construed to require the Department
to review or approve the plans, designs or construction of all covered
multifamily dwellings to determine whether the design and construction of
such dwellings are consistent with the requirements of
subsection (C)(3).
(I) Nothing in subsections (E), (F), (G) or (H) shall be construed to
affect the authority
and responsibility of the Department to receive and
process complaints or otherwise engage in enforcement activities under
State and local law.
(J) Determinations by a unit of local government under subsections (E)
and (F) shall not be conclusive in enforcement proceedings under this Act
if those determinations are not in accord with the terms of this Act.
(K) Nothing in this Section requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health
or safety of others or would result in substantial physical damage to the
property of others.

(Source: P.A. 95-668, eff. 10-10-07.)

(775 ILCS 5/3-102.5)
Sec. 3-102.5. Unlawful activity. The prohibition against the use of an arrest record under Section 3-102 shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises.

(Source: P.A. 101-565, eff. 1-1-20.)

(775 ILCS 5/3-102.10)
Sec. 3-102.10. Third-party loan modification service provider.
(A) It is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to:
(B) For purposes of this Section, "third-party loan modification service provider" means a person or entity, whether licensed or not, who, for or with the expectation of receiving consideration, provides assistance or services to a loan borrower to obtain a modification to a term of an existing real estate loan or to obtain foreclosure relief. "Third-party loan modification service provider" does not include lenders, brokers or appraisers of mortgage loans, or the servicers, subsidiaries, affiliates, or agents of the lender.

(Source: P.A. 102-362, eff. 1-1-22.)

(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
Sec. 3-103. Blockbusting. It is a civil rights violation for any
person to:
(Source: P.A. 102-896, eff. 1-1-23.)

(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
Sec. 3-104.1. Refusal to sell or rent because a person has a guide,
hearing or support dog. It is a civil rights violation for the
owner or agent of any housing accommodation to:
(Source: P.A. 99-143, eff. 7-27-15.)

(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
Sec. 3-105. Restrictive covenants.
(A) Agreements. Every provision in an oral agreement or a written instrument
relating to real property which purports to forbid or restrict the conveyance,
encumbrance, occupancy, or lease thereof on the basis of race, color, religion,
or national origin is void.
(B) Limitations.
(1) Every condition, restriction or prohibition, including
a right of entry or possibility of reverter, which directly or indirectly
limits the use or occupancy of real property on the basis of race, color,
religion, or national origin is void.
(2) This Section shall not apply to a limitation of use on the basis of
religion of real property held by a religious institution or organization
or by a religious or charitable organization operated, supervised, or controlled
by a religious institution or organization, and used for religious or charitable
purposes.
(C) Civil Rights Violations. It is a civil rights violation to insert
in a written instrument relating to real property a provision that is void
under this Section or to honor or attempt to honor such a provision in the
chain of title.

(Source: P.A. 99-642, eff. 7-28-16.)

(775 ILCS 5/3-105.1)
Sec. 3-105.1. Interference, coercion, or intimidation.

It is a civil rights violation to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Article 3.

(Source: P.A. 94-78, eff. 1-1-06.)

(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 shall
prohibit:
(A) Private Sales of Single Family Homes.
(B) Apartments. Rental of a housing accommodation in a building
which contains housing accommodations for not more than 4 families
living independently of each other, if the owner resides in one of the housing accommodations.
This exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private home by
an owner if he or she or a member of his or her family resides therein or,
while absent for a period of not more than twelve months, if he or she or a
member of his or her family intends to return to reside therein.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling.
(E) Religious Organizations. A religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of a dwelling which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing accommodation to
persons of one sex.
(G) Persons Convicted of Drug-Related Offenses.
Conduct against a person because such person has been convicted by
any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
(H) Persons engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than those based on
unlawful discrimination or familial status or source of income in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building with 4 or
fewer units (including the unit in which the owner resides) from making
decisions regarding whether to rent to a person based upon that person's
sexual orientation.
(I) Housing for Older Persons. No provision in this Article regarding
familial status shall apply with respect to housing for older persons.
(J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at residential real estate to rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age.
(K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by State or federal law.
(L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income in a real estate transaction in compliance with State or federal law.
(Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23.)