Fair Housing Guide — Illinois

Federal Fair Housing Act + Illinois protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race

42 U.S.C. § 3604 — no discrimination based on race or color of skin.

Color

Closely related to race; covers skin color distinctions within racial groups.

National Origin

Country of birth, ancestry, culture, or linguistic characteristics.

Religion

Cannot refuse housing or impose different terms based on religious beliefs or practices.

Sex

Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.

Disability

Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.

Familial Status

Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

Illinois Additional Protected Classes

Illinois law adds the following protections beyond the federal baseline:

Sexual orientation
Gender identity and expression
Source of income (Chicago)
Age
Marital status
Order of protection status
Ancestry
Military discharge status

Source of Income / Housing Vouchers (Section 8)

Not a statewide protected class

Illinois does not have statewide source-of-income protection. However, some cities and counties in Illinois may have local ordinances that do protect it. Check your municipality.

Criminal History Screening

Ban-the-Box Restrictions Apply

You cannot ask about criminal history on the initial rental application. Criminal history inquiries are restricted to after a conditional offer has been made. Even then, an individualized assessment is typically required.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

Race or racial background
Religion or religious practices
National origin or ethnicity
Sex or gender (federal)
Disability or handicap status
Familial status (having children under 18, pregnancy)
Age (unless age-restricted housing)
Marital status
Sexual orientation or gender identity
Order of protection status
Criminal history on application (Chicago — Just Housing Amendment)

These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

Proof of income (pay stubs, bank statements, employer letters)
Employment status and employer contact
Rental history and references from prior landlords
Consent to run a credit check
Personal references
Number of occupants (to apply occupancy standards consistently)
Income-to-rent ratio
Criminal history after conditional offer (Chicago)

Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

"Perfect for young professionals" (implies familial status preference)
"No children" or "adults only" (familial status — illegal unless 55+ senior housing)
"Christian household" or "religious community" (religion)
"No Section 8" (may be illegal in some local jurisdictions)
"Native English speakers preferred" (national origin)
Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

Chicago: Just Housing Amendment (2021) bans asking about criminal history before conditional offer. Chicago: Source of income (including Section 8) is a protected class under RLTO. Illinois statewide: sexual orientation and gender identity protected under IHRA. Evanston, Oak Park have additional local protections.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.