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Understanding the New Illinois Human Rights Act Updates: What Landlords Need to Know


As landlords, it’s crucial to stay informed about changes to laws and regulations that affect rental properties and tenant relationships. One significant update to be aware of is the new section of the Illinois Human Rights Act, which took effect in August 2024. This amendment addresses discrimination based on familial status, immigration status, source of income, and arrest record. Failing to comply with these regulations can lead to serious legal consequences. Let’s break down what this means for landlords and how to ensure compliance.

Key Changes in the Illinois Human Rights Act

  1. Familial Status: The new provision strengthens protections against discrimination based on familial status. This means landlords cannot refuse to rent to tenants because they have children or are expecting a child. Any policies or practices that may disproportionately affect families, such as occupancy limits that are stricter than local ordinances, should be reviewed and adjusted to avoid potential violations.

  2. Immigration Status: The updated law prohibits landlords from discriminating against tenants or prospective tenants based on their immigration status. It is essential to treat all applicants fairly and consistently, without making rental decisions based on whether someone is a citizen, resident, or has a specific visa status. This change underscores the importance of not inquiring about or considering immigration status in rental decisions.

  3. Source of Income: This section addresses discrimination against tenants based on the source of their income, including housing vouchers, public assistance, or non-traditional income sources. Landlords must ensure their rental policies do not inadvertently exclude individuals who pay rent with non-employment-based income.

  4. Arrest Record: Landlords are now prohibited from denying housing solely based on an applicant’s arrest record. This change aims to prevent housing discrimination against individuals who may have been arrested but not convicted of a crime. When conducting background checks, it is vital to focus on relevant convictions rather than mere arrests.

Avoiding Legal Pitfalls: Lessons from Recent Cases

To emphasize the importance of following the law, let's review some recent cases where landlords ended up in legal trouble for not adhering to regulations or best practices. These examples serve as a reminder to always remain compliant and uphold ethical standards in property management.

  1. Illegal Entry: Landlords must respect tenants’ rights to privacy and provide proper notice before entering a rental unit. One landlord faced hefty fines for entering a tenant’s apartment without notice, which violated both the lease agreement and tenant rights.

  2. High Fees for Services: Overcharging for services such as maintenance or late payments can be seen as a violation of fair housing laws. A landlord recently made headlines for charging exorbitant fees, leading to legal action and damaged reputation.

  3. Sexual Harassment: This is a serious violation that can result in lawsuits and severe penalties. Landlords must maintain a professional relationship with tenants and avoid any behavior that could be construed as harassment or discrimination.

  4. Not Allowing EV Charging: With the rise of electric vehicles, tenants may request EV charging stations. A landlord recently faced discrimination allegations for refusing a tenant’s request to install a charging station, highlighting the need to consider reasonable accommodations.

  5. Illegally Subdividing Properties: Unpermitted subdivisions of rental units can lead to safety violations and legal issues. One case involved a landlord who converted a single-family home into multiple units without proper permits, resulting in fines and required remediation work.

Best Practices for Compliance

To avoid these pitfalls and ensure compliance with the updated Illinois Human Rights Act, landlords should:

  • Review and Update Rental Policies: Make sure your rental criteria and policies comply with the new law. Remove any language that could be seen as discriminatory or exclusionary.

  • Provide Training for Staff: Educate your team on the changes to the Human Rights Act and the importance of fair housing practices.

  • Document Everything: Keep detailed records of rental applications, communications with tenants, and any incidents that occur. This documentation can be crucial if a dispute arises.

  • Consult Legal Counsel: When in doubt, consult a legal professional who specializes in landlord-tenant law to ensure your practices align with the latest regulations.

Staying informed and proactive is the best way to navigate the complexities of property management. By understanding and complying with the new Illinois Human Rights Act, landlords can provide fair and equitable housing while avoiding costly legal issues.

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