HUMAN RIGHTS-DOMESTIC VIOLENCE

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SB3461 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3461

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

775 ILCS 5/3-101

from Ch. 68, par. 3-101
775 ILCS 5/3-102

from Ch. 68, par. 3-102

Amends the Illinois Human Rights Act. Provides that it is a civil
rights violation in the Real Estate Article to unlawfully discriminate
because of a person's history of experiencing domestic or sexual violence.
Defines "domestic violence" and "sexual violence".
LRB104 18900 JRC 32345 b

A BILL FOR

SB3461
LRB104 18900 JRC 32345 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Human Rights Act is amended by
5
changing Sections 3-101 and 3-102 as follows:

6

(775 ILCS 5/3-101)

(from Ch. 68, par. 3-101)
7

Sec. 3-101.
Definitions.
The following definitions are
8
applicable strictly in the context of this Article:
9

(A) Real Property. "Real property" includes buildings,
10
structures, real estate, lands, tenements, leaseholds,
11
interests in real estate cooperatives, condominiums, and
12
hereditaments, corporeal and incorporeal, or any interest
13
therein.
14

(B) Real Estate Transaction. "Real estate transaction"
15
includes the sale, exchange, rental or lease of real property,
16
or any act that otherwise makes available such a transaction
17
or alters a person's rights to real property. "Real estate
18
transaction" also includes the brokering or appraising of
19
residential real property and the making or purchasing of
20
loans or providing other financial assistance:
21

(1) for purchasing, constructing, improving, repairing
22

or maintaining a dwelling; or
23

(2) secured by residential real estate.

SB3461
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LRB104 18900 JRC 32345 b
1

(C) Housing Accommodations. "Housing accommodation"
2
includes any improved or unimproved real property, or part
3
thereof, which is used or occupied, or is intended, arranged
4
or designed to be used or occupied, as the home or residence of
5
one or more individuals.
6

(D) Real Estate Broker or Salesman. "Real estate broker or
7
salesman" means a person, whether licensed or not, who, for or
8
with the expectation of receiving a consideration, lists,
9
sells, purchases, exchanges, rents, or leases real property,
10
or who negotiates or attempts to negotiate any of these
11
activities, or who holds oneself out as engaged in these.
12

(E) Familial Status. "Familial status" means one or more
13
individuals (who have not attained the age of 18 years) being
14
domiciled with:
15

(1) a parent or person having legal custody of such
16

individual or individuals; or
17

(2) the designee of such parent or other person having
18

such custody, with the written permission of such parent
19

or other person.
20

The protections afforded by this Article against
21
discrimination on the basis of familial status apply to any
22
person who is pregnant or is in the process of securing legal
23
custody of any individual who has not attained the age of 18
24
years.
25

(F) Conciliation. "Conciliation" means the attempted
26
resolution of issues raised by a charge, or by the

SB3461
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LRB104 18900 JRC 32345 b
1
investigation of such charge, through informal negotiations
2
involving the aggrieved party, the respondent and the
3
Department.
4

(G) Conciliation Agreement. "Conciliation agreement" means
5
a written agreement setting forth the resolution of the issues
6
in conciliation.
7

(H) Covered Multifamily Dwellings. As used in Section
8
3-102.1, "covered multifamily dwellings" means:
9

(1) buildings consisting of 4 or more units if such
10

buildings have one or more elevators; and
11

(2) ground floor units in other buildings consisting
12

of 4 or more units.
13

(I) Immigration Status. "Immigration status" means a
14
person's actual or perceived citizenship or immigration
15
status.
16

(J) "Domestic violence" means "abuse", as defined in
17
Section 103 of the Illinois Domestic Violence Act of 1986, by a
18
"family or household member", as defined in Section 103 of the
19
Illinois Domestic Violence Act of 1986.
20

(K) "Sexual violence" means any act of sexual assault,
21
sexual abuse, or stalking of an adult or minor child,
22
including, but not limited to, non-consensual sexual conduct
23
or non-consensual sexual penetration as defined in the Civil
24
No Contact Order Act and the offenses of stalking, aggravated
25
stalking, criminal sexual assault, aggravated criminal sexual
26
assault, predatory criminal sexual assault of a child,

SB3461
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LRB104 18900 JRC 32345 b
1
criminal sexual abuse, and aggravated criminal sexual abuse as
2
those offenses are described in the Criminal Code of 2012.

3
(Source: P.A. 103-232, eff. 1-1-24; 103-859, eff. 1-1-25
.)

4

(775 ILCS 5/3-102)

(from Ch. 68, par. 3-102)
5

Sec. 3-102.
Civil rights violations; real estate
6
transactions and other prohibited acts.
It is a civil rights
7
violation for an owner or any other person, or for a real
8
estate broker or salesman, because of unlawful discrimination,
9
familial status, immigration status, source of income,
history
10
of experiencing domestic or sexual violence,
or an arrest
11
record, as defined under subsection (B-5) of Section 1-103,
12
to:
13

(A) Transactions. Refuse to engage in a real estate
14

transaction or deny real property, or to discriminate in
15

making available such a transaction;
16

(B) Terms. Alter the terms, conditions or privileges
17

of a real estate transaction or in the furnishing of
18

facilities or services in connection therewith;
19

(C) Offers. Refuse to receive or to fail to transmit a
20

bona fide offer in a real estate transaction from a
21

person;
22

(D) Negotiation. Refuse to negotiate a real estate
23

transaction with a person;
24

(E) Representations. Represent to a person that real
25

property is not available for inspection, sale, rental, or

SB3461
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LRB104 18900 JRC 32345 b
1

lease when in fact it is so available, or to fail to bring
2

a property listing to the person's attention, or to refuse
3

to permit the person to inspect real property;
4

(F) Publication of Intent. Make, print, circulate,
5

post, mail, publish or cause to be made, printed,
6

circulated, posted, mailed, or published any notice,
7

statement, advertisement or sign, or use a form of
8

application for a real estate transaction, or make a
9

record or inquiry in connection with a prospective real
10

estate transaction, that indicates any preference,
11

limitation, or discrimination based on unlawful
12

discrimination or unlawful discrimination based on
13

familial status, immigration status, source of income, or
14

an arrest record, or an intention to make any such
15

preference, limitation, or discrimination;
16

(G) Listings. Offer, solicit, accept, use or retain a
17

listing of real property with knowledge that unlawful
18

discrimination or discrimination on the basis of familial
19

status, immigration status, source of income, or an arrest
20

record in a real estate transaction is intended.
21

(H) Criteria. Use criteria or methods that have the
22

effect of subjecting individuals to unlawful
23

discrimination or discrimination based on familial status,
24

immigration status, source of income, or an arrest record
25

in a real estate transaction. Such criteria or methods are
26

unlawful under this subsection if they are not necessary

SB3461
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LRB104 18900 JRC 32345 b
1

to achieve a substantial, legitimate, non-discriminatory
2

interest; or if the substantial, legitimate,
3

non-discriminatory interest could be served by another
4

practice that has a less discriminatory effect.
5
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24;
6
103-859, eff. 1-1-25
.)

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