Bill Text: IL SB2818 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB2818 Detail]

Download: Illinois-2023-SB2818-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2818 Introduced 1/17/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
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Amends the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) to inquire into a person's conviction record before making a conditional offer to sell, lease, or rent real property; (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of conviction record, to refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (3) use a conviction record as a basis to rescind a conditional offer to sell, lease, or rent real property, unless there is a substantial relationship between one or more of the previous criminal offenses and the offer made, the granting or continuation of the offer would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or the use is otherwise authorized by law; and (4) for a third-party loan modification service provider, because of a conviction record to refuse to engage in loan modification services, alter the terms, conditions, or privileges of such services, or discriminate in making such services available. Provides that nothing shall prohibit: the owner of an owner-occupied residential building with 4 or fewer units from making decisions regarding whether to rent to a person based upon that person's conviction record; inquiry into or the use of a conviction record if the inquiry or use is otherwise authorized by State or federal law; and use of a criminal conviction that results in a current sex offender registration requirement or a current child sex offender residency restriction.
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A BILL FOR
SB2818 LRB103 37250 JRC 67370 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 3-102.10 and 3-106 and by adding Section
3-102.2 as follows:
(775 ILCS 5/3-102.2 new)
Sec. 3-102.2. Civil rights violations; conviction record.
(A) It is a civil rights violation to inquire into a
person's conviction record as defined under subsection (G-5)
of Section 1-103 prior to making a conditional offer to sell,
lease, or rent real property. As used in this Section,
"conditional offer" means an offer to sell, lease, or rent
real property contingent on conducting a criminal history
check or criminal background check.
(B) Unless otherwise authorized by law, 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 conviction record, to:
(1) refuse to engage in a real estate transaction with
a person or to discriminate in making available such a
transaction;
(2) alter the terms, conditions, or privilege of a

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real estate transaction or in the furnishing of facilities
or services in connection therewith;
(3) refuse to receive or to fail to transmit a bona
fide offer to engage in a real estate transaction from a
person;
(4) refuse to negotiate for a real estate transaction
with a person;
(5) represent to a person that real property is not
available for inspection, sale, rental, or lease when in
fact it is so available, or to fail to bring a property
listing to his or her attention, or to refuse to permit him
or her to inspect real property;
(6) make, print, circulate, post, mail, publish, or
cause to be made, printed, circulated, posted, mailed, or
published any notice, statement, advertisement, or sign,
or use a form of application for a real estate
transaction, or make a record or inquiry in connection
with a prospective real estate transaction, that indicates
any preference or limitation, or an intention to make any
such preference, limitation, or discrimination; or
(7) offer, solicit, accept, use, or retain a listing
of real property with knowledge that discrimination in a
real estate transaction is intended.
(C) Nothing in this Article shall be construed to require
an owner or any other person to conduct a criminal history
check or criminal background check after making a conditional

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offer to sell, lease, or rent real property. Unless otherwise
authorized by law, it is a civil rights violation to use a
conviction record as a basis to rescind a conditional offer to
sell, lease, or rent real property, unless:
(1) there is a substantial relationship between one or
more of the previous criminal offenses and the offer made;
(2) the granting or continuation of the offer would
involve an unreasonable risk to property or to the safety
or welfare of specific individuals or the general public;
or
(3) the use is otherwise authorized by law.
As used in this subsection, "substantial relationship"
means a consideration of whether the conditional offer
presents an opportunity for the same or a similar offense to
occur and whether the circumstances leading to the conduct for
which the person was convicted will recur as a result of the
offer.
(D) In making a determination pursuant to subsection (C),
an owner or any other person who elects to, or is otherwise
required to, consider a person's conviction record in
connection with a conditional offer shall consider the
following factors before making a preliminary decision that
the conviction record is disqualifying:
(1) the nature and severity of the conduct underlying
the conviction;
(2) whether the nature of the conviction presents a

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direct threat to the health or safety of other tenants or
to the property;
(3) the terms of the sentence;
(4) the number of convictions on the person's record;
(5) the age of the person at the time of the
conviction;
(6) the length of time since the conviction; and
(7) evidence of rehabilitation.
(E) If, after considering the factors in subsection (C),
the owner or any other person making the conditional offer
makes a preliminary decision that the conviction record is
disqualifying, the owner or person making the conditional
offer shall provide written notification to the disqualified
person within 5 business days which shall contain the
following:
(1) notice of the disqualifying conviction or
convictions that are the basis of the preliminary decision
and the reasons for the disqualification;
(2) a copy of the conviction record or other
information relied upon to make the preliminary decision
to disqualify; and
(3) an explanation of the disqualified person's right
to respond to the decision of the owner or any other person
making the conditional offer before the preliminary
decision becomes final. The explanation shall inform the
disqualified person that the response may include, but is

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not limited to, submission of evidence challenging the
accuracy of the conviction record that is the basis for
the disqualification, or evidence of mitigation, such as
rehabilitation.
(F) The disqualified person shall have at least 5 business
days to respond to the notification as provided under
subsection (D).
(G) The owner or person making the conditional offer shall
consider information submitted by the disqualified person
before making a final decision. If an owner or any other person
making the conditional offer makes a final decision based on
the disqualified person's conviction record, the owner or any
other person making the conditional offer shall provide
written notification to the disqualified person within 5
business days which shall contain the following:
(1) notice of the disqualifying conviction or
convictions that are the basis of the final decision and
the reasons for the disqualification;
(2) any existing procedure the owner or any other
person making the conditional offer has for the
disqualified person to challenge the decision or request
reconsideration; and
(3) the right to file a charge with the Department.
(775 ILCS 5/3-102.10)
Sec. 3-102.10. Third-party loan modification service

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provider.
(A) It is a civil rights violation for a third-party loan
modification service provider, because of unlawful
discrimination, familial status, immigration status, source of
income, or an arrest record, or a conviction record, to:
(1) refuse to engage in loan modification services;
(2) alter the terms, conditions, or privileges of such
services; or
(3) discriminate in making such services available,
including, but not limited to, by making a statement,
advertisement, representation, inquiry, listing, offer, or
solicitation that indicates a preference or the intention
to make such a preference in making such services
available.
(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; 103-232, eff. 1-1-24.)
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)

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Sec. 3-106. Exemptions. Nothing contained in Sections
Section 3-102 and 3-102.2 shall prohibit:
(A) Private Sales of Single Family Homes.
(1) Any sale of a single family home by its owner so
long as the following criteria are met:
(a) The owner does not own or have a beneficial
interest in more than 3 single family homes at the time
of the sale;
(b) The owner or a member of the owner's family was
the last current resident of the home;
(c) The home is sold without the use in any manner
of the sales or rental facilities or services of any
real estate broker or salesman, or of any employee or
agent of any real estate broker or salesman;
(d) The home is sold without the publication,
posting or mailing, after notice, of any advertisement
or written notice in violation of paragraph (F) of
Section 3-102.
(2) This exemption does not apply to paragraph (F) of
Section 3-102.
(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

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home by an owner if the owner or a member of the owner's family
resides therein or, while absent for a period of not more than
12 months, if the owner or a member of the owner's family
intends to return to reside therein. This exemption does not
apply to paragraph (F) of Section 3-102.
(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

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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 or
conviction record.
(I) Housing for Older Persons. No provision in this
Article regarding familial status shall apply with respect to
housing for older persons.
(1) As used in this Section, "housing for older
persons" means housing:
(a) provided under any State or Federal program
that the Department determines is specifically
designed and operated to assist elderly persons (as
defined in the State or Federal program); or
(b) intended for, and solely occupied by, persons
62 years of age or older; or
(c) intended and operated for occupancy by persons
55 years of age or older and:
(i) at least 80% of the occupied units are
occupied by at least one person who is 55 years of
age or older;
(ii) the housing facility or community
publishes and adheres to policies and procedures
that demonstrate the intent required under this

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subdivision (c); and
(iii) the housing facility or community
complies with rules adopted by the Department for
verification of occupancy, which shall:
(aa) provide for verification by reliable
surveys and affidavits; and
(bb) include examples of the types of
policies and procedures relevant to a
determination of compliance with the
requirement of clause (ii).
These surveys and affidavits shall be admissible in
administrative and judicial proceedings for the purposes
of such verification.
(2) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
(a) persons residing in such housing as of the
effective date of this amendatory Act of 1989 who do
not meet the age requirements of subsections (1)(b) or
(c); provided, that new occupants of such housing meet
the age requirements of subsections (1)(b) or (c) of
this subsection; or
(b) unoccupied units; provided, that such units
are reserved for occupancy by persons who meet the age
requirements of subsections (1)(b) or (c) of this
subsection.
(3)(a) A person shall not be held personally liable

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for monetary damages for a violation of this Article if
the person reasonably relied, in good faith, on the
application of the exemption under this subsection (I)
relating to housing for older persons.
(b) For the purposes of this item (3), a person may
show good faith reliance on the application of the
exemption only by showing that:
(i) the person has no actual knowledge that the
facility or community is not, or will not be, eligible
for the exemption; and
(ii) the facility or community has stated
formally, in writing, that the facility or community
complies with the requirements for the exemption.
(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
the child sex offender 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.
(K-5) Conviction Record. Inquiry into or the use of a
conviction record if the inquiry or use is otherwise
authorized by State or federal law.
(K-10) Sex Offender Conviction Records. Use of a criminal
conviction that results in a current sex offender registration

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requirement pursuant to the Sex Offender Registration Act, or
similar law in another jurisdiction, or a current child sex
offender residency restriction.
(L) Financial Institutions. A financial institution as
defined in Article 4 from considering source of income or
immigration status in a real estate transaction in compliance
with State or federal law.
(M) Immigration Status. Inquiry into or the use of
immigration status if the inquiry or use is in compliance with
State or federal law.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
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INDEX
Statutes amended in order of appearance