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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3475

Introduced 2/5/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

775 ILCS 5/3-102

from Ch. 68, par. 3-102
775 ILCS 5/3-106

from Ch. 68, par. 3-106

Amends the Illinois Human Rights Act. Makes it a violation of the Real
Estate Transactions Article of the Act to unlawfully discriminate using
credit score and history, including insufficient credit history. Limits
these provisions to landlord and tenant agreements only in which a tenant
or prospective tenant is seeking to use a rental subsidy.
LRB104 18458 JRC 31900 b

A BILL FOR

SB3475
LRB104 18458 JRC 31900 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 3-102 and 3-106 as follows:

6

(775 ILCS 5/3-102)

(from Ch. 68, par. 3-102)
7

Sec. 3-102.
Civil rights violations; real estate
8
transactions and other prohibited acts.
It is a civil rights
9
violation for an owner or any other person, or for a real
10
estate broker or salesman, because of unlawful discrimination,
11
familial status, immigration status, source of income,
credit
12
score and history including insufficient credit history,
or an
13
arrest record, as defined under subsection (B-5) of Section
14
1-103, to:
15

(A) Transactions. Refuse to engage in a real estate
16

transaction or deny real property, or to discriminate in
17

making available such a transaction;
18

(B) Terms. Alter the terms, conditions or privileges
19

of a real estate transaction or in the furnishing of
20

facilities or services in connection therewith;
21

(C) Offers. Refuse to receive or to fail to transmit a
22

bona fide offer in a real estate transaction from a
23

person;

SB3475
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LRB104 18458 JRC 31900 b
1

(D) Negotiation. Refuse to negotiate a real estate
2

transaction with a person;
3

(E) Representations. Represent to a person that real
4

property is not available for inspection, sale, rental, or
5

lease when in fact it is so available, or to fail to bring
6

a property listing to the person's attention, or to refuse
7

to permit the person to inspect real property;
8

(F) Publication of Intent. Make, print, circulate,
9

post, mail, publish or cause to be made, printed,
10

circulated, posted, mailed, or published any notice,
11

statement, advertisement or sign, or use a form of
12

application for a real estate transaction, or make a
13

record or inquiry in connection with a prospective real
14

estate transaction, that indicates any preference,
15

limitation, or discrimination based on unlawful
16

discrimination or unlawful discrimination based on
17

familial status, immigration status, source of income, or
18

an arrest record, or an intention to make any such
19

preference, limitation, or discrimination;
20

(G) Listings. Offer, solicit, accept, use or retain a
21

listing of real property with knowledge that unlawful
22

discrimination or discrimination on the basis of familial
23

status, immigration status, source of income, or an arrest
24

record in a real estate transaction is intended.
25

(H) Criteria. Use criteria or methods that have the
26

effect of subjecting individuals to unlawful

SB3475
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LRB104 18458 JRC 31900 b
1

discrimination or discrimination based on familial status,
2

immigration status, source of income, or an arrest record
3

in a real estate transaction. Such criteria or methods are
4

unlawful under this subsection if they are not necessary
5

to achieve a substantial, legitimate, non-discriminatory
6

interest; or if the substantial, legitimate,
7

non-discriminatory interest could be served by another
8

practice that has a less discriminatory effect.
9
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24;
10
103-859, eff. 1-1-25
.)

11

(775 ILCS 5/3-106)

(from Ch. 68, par. 3-106)
12

Sec. 3-106.
Exemptions.
Nothing contained in Section 3-102
13
shall prohibit:
14

(A) Private Sales of Single Family Homes.
15

(1) Any sale of a single family home by its owner so
16

long as the following criteria are met:
17

(a) The owner does not own or have a beneficial
18

interest in more than 3 single family homes at the time
19

of the sale;
20

(b) The owner or a member of the owner's family was
21

the last current resident of the home;
22

(c) The home is sold without the use in any manner
23

of the sales or rental facilities or services of any
24

real estate broker or salesman, or of any employee or
25

agent of any real estate broker or salesman;

SB3475
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LRB104 18458 JRC 31900 b
1

(d) The home is sold without the publication,
2

posting or mailing, after notice, of any advertisement
3

or written notice in violation of paragraph (F) of
4

Section 3-102.
5

(2) This exemption does not apply to paragraph (F) of
6

Section 3-102.
7

(B) Apartments. Rental of a housing accommodation in a
8
building which contains housing accommodations for not more
9
than 4 families living independently of each other, if the
10
owner resides in one of the housing accommodations. This
11
exemption does not apply to paragraph (F) of Section 3-102.
12

(C) Private Rooms. Rental of a room or rooms in a private
13
home by an owner if the owner or a member of the owner's family
14
resides therein or, while absent for a period of not more than
15
12 months, if the owner or a member of the owner's family
16
intends to return to reside therein. This exemption does not
17
apply to paragraph (F) of Section 3-102.
18

(D) Reasonable local, State, or federal restrictions
19
regarding the maximum number of occupants permitted to occupy
20
a dwelling.
21

(E) Religious Organizations. A religious organization,
22
association, or society, or any nonprofit institution or
23
organization operated, supervised, or controlled by or in
24
conjunction with a religious organization, association, or
25
society, from limiting the sale, rental, or occupancy of a
26
dwelling which it owns or operates for other than a commercial

SB3475
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LRB104 18458 JRC 31900 b
1
purpose to persons of the same religion, or from giving
2
preference to such persons, unless membership in such religion
3
is restricted on account of race, color, or national origin.
4

(F) Sex. Restricting the rental of rooms in a housing
5
accommodation to persons of one sex.
6

(G) Persons Convicted of Drug-Related Offenses. Conduct
7
against a person because such person has been convicted by any
8
court of competent jurisdiction of the illegal manufacture or
9
distribution of a controlled substance as defined in Section
10
102 of the federal Controlled Substances Act (21 U.S.C. 802).
11

(H) Persons engaged in the business of furnishing
12
appraisals of real property from taking into consideration
13
factors other than those based on unlawful discrimination or
14
familial status or source of income in furnishing appraisals.
15

(H-1) The owner of an owner-occupied residential building
16
with 4 or fewer units (including the unit in which the owner
17
resides) from making decisions regarding whether to rent to a
18
person based upon that person's sexual orientation.
19

(I) Housing for Older Persons. No provision in this
20
Article regarding familial status shall apply with respect to
21
housing for older persons.
22

(1) As used in this Section, "housing for older
23

persons" means housing:
24

(a) provided under any State or federal program
25

that the Department determines is specifically
26

designed and operated to assist elderly persons (as

SB3475
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LRB104 18458 JRC 31900 b
1

defined in the State or federal program); or
2

(b) intended for, and solely occupied by, persons
3

62 years of age or older; or
4

(c) intended and operated for occupancy by persons
5

55 years of age or older and:
6

(i) at least 80% of the occupied units are
7

occupied by at least one person who is 55 years of
8

age or older;
9

(ii) the housing facility or community
10

publishes and adheres to policies and procedures
11

that demonstrate the intent required under this
12

subparagraph (c); and
13

(iii) the housing facility or community
14

complies with rules adopted by the Department for
15

verification of occupancy, which shall:
16

(aa) provide for verification by reliable
17

surveys and affidavits; and
18

(bb) include examples of the types of
19

policies and procedures relevant to a
20

determination of compliance with the
21

requirement of clause (ii).
22

These surveys and affidavits shall be admissible in
23

administrative and judicial proceedings for the purposes
24

of such verification.
25

(2) Housing shall not fail to meet the requirements
26

for housing for older persons by reason of:

SB3475
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LRB104 18458 JRC 31900 b
1

(a) persons residing in such housing as of the
2

effective date of this amendatory Act of 1989 who do
3

not meet the age requirements of subparagraph (1)(b)
4

or (c); provided, that new occupants of such housing
5

meet the age requirements of subparagraph (1)(b) or
6

(c) of this subsection; or
7

(b) unoccupied units; provided, that such units
8

are reserved for occupancy by persons who meet the age
9

requirements of subparagraph (1)(b) or (c) of this
10

subsection.
11

(3)(a) A person shall not be held personally liable
12

for monetary damages for a violation of this Article if
13

the person reasonably relied, in good faith, on the
14

application of the exemption under this subsection (I)
15

relating to housing for older persons.
16

(b) For the purposes of this paragraph (3), a person
17

may show good faith reliance on the application of the
18

exemption only by showing that:
19

(i) the person has no actual knowledge that the
20

facility or community is not, or will not be, eligible
21

for the exemption; and
22

(ii) the facility or community has stated
23

formally, in writing, that the facility or community
24

complies with the requirements for the exemption.
25

(J) Child Sex Offender Refusal to Rent. Refusal of a child
26
sex offender who owns and resides at residential real estate

SB3475
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LRB104 18458 JRC 31900 b
1
to rent any residential unit within the same building in which
2
the child sex offender resides to a person who is the parent or
3
guardian of a child or children under 18 years of age.
4

(K) Arrest Records. Inquiry into or the use of an arrest
5
record if the inquiry or use is otherwise authorized by State
6
or federal law.
7

(L) Financial Institutions. A financial institution as
8
defined in Article 4 from considering source of income or
9
immigration status in a real estate transaction in compliance
10
with State or federal law.
11

(M) Immigration Status. Inquiry into or the use of
12
immigration status if the inquiry or use is in compliance with
13
State or federal law.
14

(N) Credit Reports. The consideration and use of credit
15
scores and credit history including insufficient credit
16
history is prohibited only for landlord and tenant agreements
17
in which a tenant or prospective tenant is seeking to use a
18
rental subsidy.

19
(Source: P.A. 103-232, eff. 1-1-24; 104-417, eff. 8-15-25.)

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