Bill Text: IL SB1780 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately.

Spectrum: Partisan Bill (Democrat 46-2)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [SB1780 Detail]

Download: Illinois-2019-SB1780-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-103, 2-103, 3-102, and 3-106 and by adding
6Section 3-102.5 as follows:
7 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
8 Sec. 1-103. General definitions. When used in this Act,
9unless the context requires otherwise, the term:
10 (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training or
14apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.
17 (B) Aggrieved party. "Aggrieved party" means a person who
18is alleged or proved to have been injured by a civil rights
19violation or believes he or she will be injured by a civil
20rights violation under Article 3 that is about to occur.
21 (B-5) Arrest record. "Arrest record" means:
22 (1) an arrest not leading to a conviction;
23 (2) a juvenile record; or

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1 (3) criminal history record information ordered
2 expunged, sealed, or impounded under Section 5.2 of the
3 Criminal Identification Act.
4 (C) Charge. "Charge" means an allegation filed with the
5Department by an aggrieved party or initiated by the Department
6under its authority.
7 (D) Civil rights violation. "Civil rights violation"
8includes and shall be limited to only those specific acts set
9forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
103-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
116-101, and 6-102 of this Act.
12 (E) Commission. "Commission" means the Human Rights
13Commission created by this Act.
14 (F) Complaint. "Complaint" means the formal pleading filed
15by the Department with the Commission following an
16investigation and finding of substantial evidence of a civil
17rights violation.
18 (G) Complainant. "Complainant" means a person including
19the Department who files a charge of civil rights violation
20with the Department or the Commission.
21 (H) Department. "Department" means the Department of Human
22Rights created by this Act.
23 (I) Disability. "Disability" means a determinable physical
24or mental characteristic of a person, including, but not
25limited to, a determinable physical characteristic which
26necessitates the person's use of a guide, hearing or support

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1dog, the history of such characteristic, or the perception of
2such characteristic by the person complained against, which may
3result from disease, injury, congenital condition of birth or
4functional disorder and which characteristic:
5 (1) For purposes of Article 2, is unrelated to the
6 person's ability to perform the duties of a particular job
7 or position and, pursuant to Section 2-104 of this Act, a
8 person's illegal use of drugs or alcohol is not a
9 disability;
10 (2) For purposes of Article 3, is unrelated to the
11 person's ability to acquire, rent, or maintain a housing
12 accommodation;
13 (3) For purposes of Article 4, is unrelated to a
14 person's ability to repay;
15 (4) For purposes of Article 5, is unrelated to a
16 person's ability to utilize and benefit from a place of
17 public accommodation;
18 (5) For purposes of Article 5, also includes any
19 mental, psychological, or developmental disability,
20 including autism spectrum disorders.
21 (J) Marital status. "Marital status" means the legal status
22of being married, single, separated, divorced, or widowed.
23 (J-1) Military status. "Military status" means a person's
24status on active duty in or status as a veteran of the armed
25forces of the United States, status as a current member or
26veteran of any reserve component of the armed forces of the

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1United States, including the United States Army Reserve, United
2States Marine Corps Reserve, United States Navy Reserve, United
3States Air Force Reserve, and United States Coast Guard
4Reserve, or status as a current member or veteran of the
5Illinois Army National Guard or Illinois Air National Guard.
6 (K) National origin. "National origin" means the place in
7which a person or one of his or her ancestors was born.
8 (K-5) "Order of protection status" means a person's status
9as being a person protected under an order of protection issued
10pursuant to the Illinois Domestic Violence Act of 1986, Article
11112A of the Code of Criminal Procedure of 1963, the Stalking No
12Contact Order Act, or the Civil No Contact Order Act, or an
13order of protection issued by a court of another state.
14 (L) Person. "Person" includes one or more individuals,
15partnerships, associations or organizations, labor
16organizations, labor unions, joint apprenticeship committees,
17or union labor associations, corporations, the State of
18Illinois and its instrumentalities, political subdivisions,
19units of local government, legal representatives, trustees in
20bankruptcy or receivers.
21 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
22or medical or common conditions related to pregnancy or
23childbirth.
24 (M) Public contract. "Public contract" includes every
25contract to which the State, any of its political subdivisions,
26or any municipal corporation is a party.

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1 (N) Religion. "Religion" includes all aspects of religious
2observance and practice, as well as belief, except that with
3respect to employers, for the purposes of Article 2, "religion"
4has the meaning ascribed to it in paragraph (F) of Section
52-101.
6 (O) Sex. "Sex" means the status of being male or female.
7 (O-1) Sexual orientation. "Sexual orientation" means
8actual or perceived heterosexuality, homosexuality,
9bisexuality, or gender-related identity, whether or not
10traditionally associated with the person's designated sex at
11birth. "Sexual orientation" does not include a physical or
12sexual attraction to a minor by an adult.
13 (P) Unfavorable military discharge. "Unfavorable military
14discharge" includes discharges from the Armed Forces of the
15United States, their Reserve components, or any National Guard
16or Naval Militia which are classified as RE-3 or the equivalent
17thereof, but does not include those characterized as RE-4 or
18"Dishonorable".
19 (Q) Unlawful discrimination. "Unlawful discrimination"
20means discrimination against a person because of his or her
21race, color, religion, national origin, ancestry, age, sex,
22marital status, order of protection status, disability,
23military status, sexual orientation, pregnancy, or unfavorable
24discharge from military service as those terms are defined in
25this Section.
26(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)

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1 (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
2 Sec. 2-103. Arrest Record.
3 (A) Unless otherwise authorized by law, it is a civil
4rights violation for any employer, employment agency or labor
5organization to inquire into or to use the fact of an arrest or
6criminal history record, as defined under subsection (B-5) of
7Section 1-103, information ordered expunged, sealed or
8impounded under Section 5.2 of the Criminal Identification Act
9as a basis to refuse to hire, to segregate, or to act with
10respect to recruitment, hiring, promotion, renewal of
11employment, selection for training or apprenticeship,
12discharge, discipline, tenure or terms, privileges or
13conditions of employment. This Section does not prohibit a
14State agency, unit of local government or school district, or
15private organization from requesting or utilizing sealed
16felony conviction information obtained from the Department of
17State Police under the provisions of Section 3 of the Criminal
18Identification Act or under other State or federal laws or
19regulations that require criminal background checks in
20evaluating the qualifications and character of an employee or a
21prospective employee.
22 (B) The prohibition against the use of the fact of an
23arrest record, as defined under paragraph (1) of subsection
24(B-5) of Section 1-103, contained in this Act Section shall not
25be construed to prohibit an employer, employment agency, or

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1labor organization from obtaining or using other information
2which indicates that a person actually engaged in the conduct
3for which he or she was arrested.
4(Source: P.A. 96-409, eff. 1-1-10.)
5 (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
6 Sec. 3-102. Civil rights violations; real estate
7transactions. It is a civil rights violation for an owner or
8any other person engaging in a real estate transaction, or for
9a real estate broker or salesman, because of unlawful
10discrimination, or familial status, or an arrest record, as
11defined under subsection (B-5) of Section 1-103, to:
12 (A) Transaction. Refuse to engage in a real estate
13 transaction with a person or to discriminate in making
14 available such a transaction;
15 (B) Terms. Alter the terms, conditions or privileges of
16 a real estate transaction or in the furnishing of
17 facilities or services in connection therewith;
18 (C) Offer. Refuse to receive or to fail to transmit a
19 bona fide offer to engage in a real estate transaction from
20 a person;
21 (D) Negotiation. Refuse to negotiate for a real estate
22 transaction with a person;
23 (E) Representations. Represent to a person that real
24 property is not available for inspection, sale, rental, or
25 lease when in fact it is so available, or to fail to bring

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1 a property listing to his or her attention, or to refuse to
2 permit him or her to inspect real property;
3 (F) Publication of Intent. Make, print, circulate,
4 post, mail, publish or cause to be made, printed,
5 circulated, posted, mailed, or published any notice,
6 statement, advertisement or sign, or use a form of
7 application for a real estate transaction, or make a record
8 or inquiry in connection with a prospective real estate
9 transaction, that indicates any preference, limitation, or
10 discrimination based on unlawful discrimination or
11 unlawful discrimination based on familial status or an
12 arrest record, or an intention to make any such preference,
13 limitation, or discrimination;
14 (G) Listings. Offer, solicit, accept, use or retain a
15 listing of real property with knowledge that unlawful
16 discrimination or discrimination on the basis of familial
17 status or an arrest record in a real estate transaction is
18 intended.
19(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
20 (775 ILCS 5/3-102.5 new)
21 Sec. 3-102.5. Unlawful activity. The prohibition against
22the use of an arrest record under Section 3-102 shall not
23preclude an owner or any other person engaging in a real estate
24transaction, or a real estate broker or salesman, from
25prohibiting the tenant, a member of the tenant's household, or

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1a guest of the tenant from engaging in unlawful activity on the
2premises.
3 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
4 Sec. 3-106. Exemptions. Nothing contained in Section 3-102
5shall prohibit:
6 (A) Private Sales of Single Family Homes.
7 (1) Any sale of a single family home by its owner so
8 long as the following criteria are met:
9 (a) The owner does not own or have a beneficial
10 interest in more than three single family homes at the
11 time of the sale;
12 (b) The owner or a member of his or her family was
13 the last current resident of the home;
14 (c) The home is sold without the use in any manner
15 of the sales or rental facilities or services of any
16 real estate broker or salesman, or of any employee or
17 agent of any real estate broker or salesman;
18 (d) The home is sold without the publication,
19 posting or mailing, after notice, of any advertisement
20 or written notice in violation of paragraph (F) of
21 Section 3-102.
22 (2) This exemption does not apply to paragraph (F) of
23 Section 3-102.
24 (B) Apartments. Rental of a housing accommodation in a
25building which contains housing accommodations for not more

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1than 4 families living independently of each other, if the
2owner resides in one of the housing accommodations. This
3exemption does not apply to paragraph (F) of Section 3-102.
4 (C) Private Rooms. Rental of a room or rooms in a private
5home by an owner if he or she or a member of his or her family
6resides therein or, while absent for a period of not more than
7twelve months, if he or she or a member of his or her family
8intends to return to reside therein.
9 (D) Reasonable local, State, or Federal restrictions
10regarding the maximum number of occupants permitted to occupy a
11dwelling.
12 (E) Religious Organizations. A religious organization,
13association, or society, or any nonprofit institution or
14organization operated, supervised or controlled by or in
15conjunction with a religious organization, association, or
16society, from limiting the sale, rental or occupancy of a
17dwelling which it owns or operates for other than a commercial
18purpose to persons of the same religion, or from giving
19preference to such persons, unless membership in such religion
20is restricted on account of race, color, or national origin.
21 (F) Sex. Restricting the rental of rooms in a housing
22accommodation to persons of one sex.
23 (G) Persons Convicted of Drug-Related Offenses. Conduct
24against a person because such person has been convicted by any
25court of competent jurisdiction of the illegal manufacture or
26distribution of a controlled substance as defined in Section

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1102 of the federal Controlled Substances Act (21 U.S.C. 802).
2 (H) Persons engaged in the business of furnishing
3appraisals of real property from taking into consideration
4factors other than those based on unlawful discrimination or
5familial status in furnishing appraisals.
6 (H-1) The owner of an owner-occupied residential building
7with 4 or fewer units (including the unit in which the owner
8resides) from making decisions regarding whether to rent to a
9person based upon that person's sexual orientation.
10 (I) Housing for Older Persons. No provision in this Article
11regarding familial status shall apply with respect to housing
12for older persons.
13 (1) As used in this Section, "housing for older
14 persons" means housing:
15 (a) provided under any State or Federal program
16 that the Department determines is specifically
17 designed and operated to assist elderly persons (as
18 defined in the State or Federal program); or
19 (b) intended for, and solely occupied by, persons
20 62 years of age or older; or
21 (c) intended and operated for occupancy by persons
22 55 years of age or older and:
23 (i) at least 80% of the occupied units are
24 occupied by at least one person who is 55 years of
25 age or older;
26 (ii) the housing facility or community

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1 publishes and adheres to policies and procedures
2 that demonstrate the intent required under this
3 subdivision (c); and
4 (iii) the housing facility or community
5 complies with rules adopted by the Department for
6 verification of occupancy, which shall:
7 (aa) provide for verification by reliable
8 surveys and affidavits; and
9 (bb) include examples of the types of
10 policies and procedures relevant to a
11 determination of compliance with the
12 requirement of clause (ii).
13 These surveys and affidavits shall be admissible in
14 administrative and judicial proceedings for the purposes
15 of such verification.
16 (2) Housing shall not fail to meet the requirements for
17 housing for older persons by reason of:
18 (a) persons residing in such housing as of the
19 effective date of this amendatory Act of 1989 who do
20 not meet the age requirements of subsections (1)(b) or
21 (c); provided, that new occupants of such housing meet
22 the age requirements of subsections (1)(b) or (c) of
23 this subsection; or
24 (b) unoccupied units; provided, that such units
25 are reserved for occupancy by persons who meet the age
26 requirements of subsections (1)(b) or (c) of this

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1 subsection.
2 (3) (a) A person shall not be held personally liable
3 for monetary damages for a violation of this Article if
4 the person reasonably relied, in good faith, on the
5 application of the exemption under this subsection (I)
6 relating to housing for older persons.
7 (b) For the purposes of this item (3), a person may
8 show good faith reliance on the application of the
9 exemption only by showing that:
10 (i) the person has no actual knowledge that the
11 facility or community is not, or will not be,
12 eligible for the exemption; and
13 (ii) the facility or community has stated
14 formally, in writing, that the facility or
15 community complies with the requirements for the
16 exemption.
17 (J) Child Sex Offender Refusal to Rent. Refusal of a child
18sex offender who owns and resides at residential real estate to
19rent any residential unit within the same building in which he
20or she resides to a person who is the parent or guardian of a
21child or children under 18 years of age.
22 (K) Arrest Records. Inquiry into or the use of an arrest
23record if the inquiry or use is otherwise authorized by State
24or federal law.
25(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
26 Section 99. Effective date. This Act takes effect January

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11, 2020.
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