(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)

(Text of Section before amendment by P.A. 103-232)
Sec. 3-106.

Exemptions.

Nothing contained in Section 3-102 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 three single

family homes at the time of the sale;

(b) The owner or a member of his or her 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 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.

(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 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 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 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.)

(Text of Section after amendment by P.A. 103-232)
Sec. 3-106.

Exemptions.

Nothing contained in Section 3-102 shall
prohibit: