2023 Illinois Compiled Statutes › Chapter 775 - HUMAN RIGHTS › 775 ILCS 5/ - Illinois Human Rights Act. › Article 4 - Financial Credit

(775 ILCS 5/Art. 4 heading)
ARTICLE 4.  
		FINANCIAL CREDIT
(775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
Sec. 4-101. Definitions.

The following definitions are applicable strictly
in the context of this Article:
(A) Credit Card. "Credit card" has the meaning set forth in Section 17-0.5 of the Criminal Code of 2012.
(B) Financial Institution. "Financial institution" means any bank, credit
union, insurance company, mortgage banking company or savings and loan
association which operates or has a place of business in this State.
(C) Loan. "Loan" includes, but is not limited to, the providing of funds,
for consideration, which are sought for: (1) the purpose of purchasing,
constructing, improving, repairing, or maintaining a housing accommodation
as that term is defined in paragraph (C) of Section 3-101; or (2) any commercial or
industrial purposes.
(D) Varying Terms.  "Varying the terms of a loan" includes, but is not
limited to, the following practices:
(1) Requiring a greater down payment than is usual     for the particular type of a loan involved.
(2) Requiring a shorter period of amortization than     is usual for the particular type of loan involved.
(3) Charging a higher interest rate than is usual for     the particular type of loan involved.
(4) An under appraisal of real estate or other item     of property offered as security.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(775 ILCS 5/4-102) (from Ch. 68, par. 4-102)
Sec. 4-102. 
		Civil Rights Violations: Loans. 
		It shall be a civil rights
violation for any financial institution, on the grounds of unlawful discrimination, to:
(A) Denial of Services.  Deny any person any of the services normally
offered by such an institution.
(B) Modification of Services.  Provide any person with any service which
is different from, or provided in a different manner than, that which is
provided to other persons similarly situated.
(C) Loan Terms. Deny or vary the terms of a loan.
(D) Property Location.  Deny or vary the terms of a loan on the basis
that a specific parcel of real estate offered as security is located in
a specific geographical area.
(E) Consideration of Income.  Deny or vary the terms of a loan without
having considered all of the regular and dependable income of each person
who would be liable for repayment of the loan.
(F) Lending Standards.  Utilize lending standards that have no economic
basis and which constitute unlawful discrimination.
(Source: P.A. 81-1216.)
(775 ILCS 5/4-103) (from Ch. 68, par. 4-103)
Sec. 4-103. 
		Credit Cards. 
		It is a civil rights violation for a person
who offers credit cards to the public in this State:
(A) Denial.  To refuse to issue a credit card, upon     proper application, on the basis of unlawful discrimination.
(B) Reasons for Rejection.  To fail to inform an     applicant for a credit card, upon request, of the reason that his or her application for a credit card has been rejected.
(Source: P.A. 81-1216.)
(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
Sec. 4-104. Exemptions. Nothing contained in this Article shall
prohibit:
(A) Sound Underwriting Practices.  A financial     institution from considering sound underwriting practices in contemplation of any loan to any person.  Such practices shall include:
(1) The willingness and the financial ability of         the borrower to repay the loan.
(2) The market value of any real estate or other         item of property proposed as security for any loan.
(3) Diversification of the financial         institution's investment portfolio.
(B) Credit-worthiness Information; Credit Systems.  A     financial institution or a person who offers credit cards from:
(1) making an inquiry of the applicant's age,         permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Department;
(2) using any empirically derived credit system         which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Department, except that in the operation of such system the age of an applicant over the age of 62 years may not be assigned a negative factor or value.
(C) Special Credit Programs.  A financial institution     from refusing to extend credit when required to by or pursuant to any:
(1) credit assistance program expressly         authorized by law for an economically disadvantaged class of persons;
(2) credit assistance program administered by a         nonprofit organization for its members of an economically disadvantaged class of persons;
(3) special purpose credit program offered by a         profit-making organization to meet special social needs which meets standards prescribed by the Department in its regulations.
(Source: P.A. 100-201, eff. 8-18-17.)