775 ILCS 5/3-106
2021 Illinois Compiled Statutes|Chapter 775 - HUMAN RIGHTS|775 ILCS 5/ - Illinois Human Rights Act.|Article 3 - Real Estate Transactions

(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)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 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. (Source: P.A. 101-565, eff. 1-1-20.)