Fair Housing Rules for Joliet Landlords: Protected Classes, Ads and Screening

Fair housing law applies to almost every rental in the Joliet area, from apartment complexes to a single house or a two-flat. Illinois protects more groups than federal law does, and both prohibit discriminatory advertising. This guide summarizes the rules landlords run into most often when writing a listing and screening applicants. It is general information, not legal advice.

Who is protected

Federal Fair Housing Act

According to HUD, the Fair Housing Act prohibits housing discrimination because of:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status
• Disability

Illinois Human Rights Act

Article 3 of the Illinois Human Rights Act (775 ILCS 5) covers real estate transactions, including rentals. Section 3-102 prohibits discrimination based on "unlawful discrimination," familial status, immigration status, source of income or arrest record. "Unlawful discrimination" is defined in Section 1-103(Q) to include actual or perceived:

Article 3 adds:

Joliet's local ordinance

Within city limits, Joliet's Anti-Discrimination Ordinance (Chapter 9½) separately prohibits discrimination in real estate transactions based on race, color, religion, national origin, sex, age or disability, with complaints filed with the Joliet Community Relations Commission within 120 days.

Advertising: what the rules say

HUD's rule at 24 CFR 100.75 makes it unlawful to publish any notice, statement or advertisement for the rental of a dwelling that indicates a preference, limitation or discrimination based on a federally protected class. It applies to written and oral statements, including applications, flyers, signs and online ads. Discriminatory ads include:

• Words, phrases, photos, illustrations or symbols conveying that a unit is or isn't available to a particular group.
• Telling agents, employees or applicants about a preference for or against renters in a protected class.
• Choosing where to advertise in a way that denies parts of the market information about housing.

Illinois goes further. Section 3-102(F) prohibits ads, statements, application forms and inquiries that indicate a preference, limitation or discrimination based on any category covered by Article 3, including source of income, immigration status and arrest record.

The small-landlord exemption doesn't cover ads

Section 3-106 exempts some rentals from Section 3-102, including units in a building with four or fewer units where the owner lives in one of them, and rooms in an owner-occupied home. Both exemptions state that they do not apply to the advertising rule in Section 3-102(F).

Listing language to avoid

JolietRent's listing form blocks phrases such as "no kids," "adults only," "perfect for singles," "English speakers" and "Christian home." The table lists those and other wording to avoid, because each states a preference about who may live in a unit:

Describe the unit, not the tenant. Bedrooms, bathrooms, square footage, floor level, stairs, parking, laundry, appliances, pet policy, utilities included, rent, deposit, lease length and availability date are all property facts. For leases signed on or after January 1, 2027, Illinois will also require listings to disclose non-optional fees and whether utilities are included, under 765 ILCS 705/35.

Disability: accommodations, modifications and assistance animals

Under Section 3-102.1, it is a civil rights violation to refuse reasonable accommodations in rules, policies, practices or services when they may be needed for a person with a disability to use and enjoy a home, or to refuse reasonable modifications of the premises at the tenant's expense. A landlord may reasonably condition a modification on the tenant agreeing to restore the interior at move-out, but may not raise the customary security deposit for tenants with disabilities. Section 3-104.1 also bars refusing to rent to a person because of a guide, hearing or support dog, or charging extra for the dog beyond actual damage.

Tenant screening basics

• Write down your criteria and apply them to everyone. IDHR says landlords must ask every applicant the same income questions and that credit checks must be applied equally to all applicants. Section 3-102(H) also prohibits criteria that have a discriminatory effect unless they are necessary to a substantial, legitimate, non-discriminatory interest that a less discriminatory practice couldn't serve.
• Count voucher holders' share only. IDHR says a minimum-income requirement must count only the tenant's portion of the rent.
• Arrest records. Under Illinois law, don't base decisions on arrests that didn't lead to conviction, juvenile records, or sealed or expunged records unless state or federal law authorizes it.
• Consumer reports. The FTC says that if you deny an application, require a co-signer, or raise the rent or deposit based even partly on a consumer report, you must give the applicant an adverse action notice. The notice must name the reporting agency, state that the agency didn't make the decision, and explain the applicant's right to a free report and to dispute errors. Dispose of reports securely when you're done.
• Fees. Under the Illinois Landlord and Tenant Act, you can't charge a screening fee to an applicant who provides a qualifying reusable screening report prepared within the last 30 days (Sec. 30). For leases signed on or after January 1, 2027, application fees are capped at $50, with a narrow exception for higher third-party background check costs (Sec. 35).

If a complaint is filed

IDHR's Source of Income FAQ says a person can report discrimination to IDHR within one year, or file a lawsuit in state court within two years. HUD also accepts federal complaints through the File a Complaint link on its fair housing page. Within Joliet, complaints under the city ordinance go to the Community Relations Commission within 120 days.

Questions about a specific situation should go to a lawyer or to IDHR's Fair Housing Division.