Landlords in Illinois cannot say "no section 8" when advertising rental units because it is now a form of discrimination under the Illinois Human Rights Act (IHRA). This act prohibits discrimination in housing based on a number of factors, including source of income. This means that landlords cannot refuse to rent to someone simply because he uses a Section 8 voucher to pay their rent.
The IHRA also prohibits landlords from steering, which is the practice of directing prospective tenants to or away from certain rental units based on their race, color, religion, national origin, sex, familial status, or source of income. For example, a landlord could not refuse to rent one unit to someone because he uses a Section 8 voucher, but then tell him about a different rental unit that is available that does accept Section 8 vouchers.
The IHRA also prohibits landlords from making discriminatory housing-related statements, such as saying that they do not rent to Section 8 tenants. This includes making such statements in advertising or in conversations with prospective tenants.
There are a few exceptions to the IHRA's source-of-income discrimination ban. For example, landlords can refuse to rent to someone if the voucher would not cover the full rent, or if the tenant has a history of nonpayment or other problems. However, these exceptions are narrowly construed and landlords must be able to prove that they have a legitimate reason for refusing to rent to someone.
If a landlord violates the IHRA's source-of-income discrimination ban, he could be liable for damages to the tenant, including lost rent, emotional distress, and attorney's fees. The tenant could also file a complaint with the Illinois Department of Human Rights (IDHR).
Supporters say IHRA's source-of-income discrimination ban is an important protection for low-income renters who rely on Section 8 vouchers to afford housing, claiming it helps to ensure that everyone has an equal opportunity to find a safe and affordable place to live. Detractors say the way to support housing vouchers is to incentivize landlords to accept them, not require them to and punish them if they don't. They point out that the Housing Choice Voucher program is supposed to be a voluntary program for landlords who wish to participate and subject themselves to rules and regulations of the local housing authority that doles out federal voucher dollars.
Regardless of one's viewpoint, the law is in effect now, so make sure you are in compliance and don't disqualify any candidate solely based on the source of his income.
Here are some sources to read about different views on the law:
Landlords oppose bill to expand Section 8 housing in Illinois
Under the new law, Illinois landlords can’t discriminate based on tenants' sources of income
Why some Illinois landlords are unhappy with the proposed mandatory participation in Section 8
New Illinois law bans discrimination based on source of income
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