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| Public Act 095-0042 |
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Section 3-106 as follows: | ||||
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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Sec. 3-106. Exemptions.)
Nothing contained in Section | ||||
3-102 shall
prohibit:
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(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:
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(a)
(1) The owner does not own or have a beneficial | ||||
interest in more
than three single family homes at the | ||||
time of the sale;
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(b)
(2) The owner or a member of his or her family | ||||
was the last current
resident of the home;
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(c)
(3) 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;
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(d)
(4) 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.
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(2) This exemption does not apply to paragraph (F) of | ||
Section 3-102.
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(B) Apartments. Rental of a housing accommodation in a | ||
building
which contains housing accommodations for not more | ||
than 4
five families
living independently of each other, if the | ||
owner
lessor or a member of his or
her family resides in one of | ||
the housing accommodations. ;
This exemption does not apply to | ||
paragraph (F) of Section 3-102.
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(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.
;
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(D) Reasonable local, State, or Federal restrictions
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regarding the maximum number of occupants permitted to occupy a | ||
dwelling.
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(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
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preference to such persons, unless membership in such religion | ||
is
restricted on account of race, color, or national origin.
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(F) Sex. Restricting the rental of rooms in a housing | ||
accommodation to
persons of one sex.
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(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
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distribution of a controlled substance as defined in Section | ||
102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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(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 in furnishing appraisals.
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(H-1) The owner of an owner-occupied residential building | ||
with 4
5 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.
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(I) Housing for Older Persons. No provision in this Article | ||
regarding
familial status shall apply with respect to housing | ||
for older persons.
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(1) As used in this Section, "housing for older | ||
persons" means housing:
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(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
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(b) intended for, and solely occupied by, persons | ||
62 years of age or
older;
or
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(c) intended and operated for occupancy by persons | ||
55 years of age or
older and:
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(i) at least 80% of the occupied units are | ||
occupied by at
least one person who is 55 years of | ||
age or older;
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(ii) the housing facility or community | ||
publishes and adheres to
policies and procedures
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that demonstrate the intent required under this
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subdivision (c); and
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(iii) the housing facility or community | ||
complies with rules adopted by
the
Department for | ||
verification of occupancy, which shall:
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(aa) provide for verification by reliable | ||
surveys and affidavits;
and
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(bb) include examples of the types of | ||
policies and procedures
relevant to
a | ||
determination of compliance with the | ||
requirement of clause (ii).
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These surveys and affidavits shall be admissible in | ||
administrative and
judicial proceedings for the purposes | ||
of such verification.
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(2) Housing shall not fail to meet the requirements for | ||
housing for
older persons by reason of:
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(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
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(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.
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(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.
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(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:
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(i) the person has no actual knowledge that the | ||
facility or community
is
not, or will not be, | ||
eligible for the exemption; and
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(ii) the facility or community has stated | ||
formally, in writing, that
the
facility or | ||
community complies with the requirements for the | ||
exemption.
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(Source: P.A. 93-1078, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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