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Illinois laws and regulations topic guide

Illinois Human Rights Act for real estate candidates

An owner says, "I do not accept vouchers." Another asks for an ad aimed only at adults. Both situations require more than memorizing the seven federal fair housing classes. For an Illinois question, identify the state protection, the housing action and the exact limits of any claimed exception.

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The short answer

The Illinois Human Rights Act prohibits discrimination in covered real estate transactions and related advertising. Illinois adds protections beyond the federal Fair Housing Act, including lawful source of income, immigration status and arrest record. A broker cannot carry out a discriminatory owner instruction. Work through the protected basis, the conduct, any disability-related request and the specific exemption before choosing an answer.

Reviewed October 24, 2026. The June 24, 2026 PSI broker outline lists the Act and fair housing advertising in State III.G. The whole Additional Illinois Laws area is 10 of 40 scored state questions; that is not a quota for this page. This guide focuses on transaction and housing examples. Article 3 also reaches covered commercial transactions; it is not limited to residential rentals.

Read the housing action before choosing the rule

  1. Identify whose decision is being made. Refusing a showing, withholding an offer, changing a deposit or repeating an owner's discriminatory instruction can matter as much as rejecting an application. Section 3-102 covers owners and others engaging in transactions as well as brokers and salespeople.
  2. Use the Illinois protections in the table below. Do not substitute the federal seven-class list for state law. Some definitions cover perceived status, so a mistaken assumption is not a defense. Read an exception against the particular protection and conduct it actually addresses.
  3. Examine both treatment and effect. A neutral-looking criterion is not automatically lawful because everyone receives it. Section 3-102(H) addresses discriminatory effects, the necessity of a substantial legitimate nondiscriminatory interest and whether a less discriminatory practice can serve that interest.
  4. For a disability request, separate a policy or service change from a physical alteration. Ask what is necessary for equal use and enjoyment, who bears the cost under the applicable law and whether a supported limitation applies. Do not convert a request into a higher disability deposit.
  5. Check advertising separately. Section 3-102(F) reaches statements, notices and application inquiries as well as ads. Describe the property and its features. Do not communicate a protected occupant preference or keep a listing when you know discrimination is intended.
  6. Treat an exemption as a checklist, not a slogan. A small property, a private owner or an older-persons label does not establish every required element. Illinois, federal and local rules may overlap; satisfying one exception does not establish immunity under another law.
  7. Choose a lawful next action. Stop the discriminatory request, explain the applicable limit and involve the sponsoring broker where needed. Keep the relevant ad, instruction and response. A complaint is not itself a final discrimination finding or an automatic loss of license.
Illinois housing protections: read Sections 1-103, 3-101 and 3-102 together
Protection or groupWhat to rememberCommon exam trap
Race, color, religion, national origin and ancestryIllinois names each of these protections.Treating ancestry as interchangeable with citizenship.
Age, sex and marital statusAge means at least 40 for this housing analysis.Importing an employment-training age exception into a rental question.
Sexual orientation, including gender-related identityUse the Illinois statutory definition.Assuming a change in federal administrative policy erases state protection.
Pregnancy and reproductive health decisionsBoth appear in the state unlawful-discrimination definition.Assuming reproductive decisions matter only at work.
Disability and order of protection statusA disability question may also involve accommodation or modification duties.Treating identical rules as an answer to every disability request.
Military status and unfavorable military dischargeThese are distinct protections with statutory definitions.Assuming every discharge classification is included.
Familial statusIncludes qualifying households with children under 18, pregnancy and securing legal custody.Assuming only a married parent qualifies.
Immigration status, lawful source of income and arrest recordArticle 3 expressly includes these additional bases.Using a federal-only checklist or treating arrest as conviction.

The distinctions that matter

Illinois Human Rights Act for real estate candidates: key distinctions
DistinctionHow it worksWhat to notice
Federal baseline vs. Illinois protectionThe federal Fair Housing Act names race, color, religion, sex, national origin, disability and familial status. Illinois adds the protections above. Other federal program laws can add duties of their own.Identify which law the question asks about.
Steering vs. blockbustingSteering channels a housing search based on a protected characteristic. Blockbusting uses specified demographic changes or associated fear to induce owners to sell or lease.Restricting choices versus inducing an owner transaction.
Accommodation vs. modificationAn accommodation changes a rule, policy, practice or service. A modification changes physical premises. A reserved space and a doorway alteration present different requests.Policy change versus construction.
Arrest record vs. conviction recordThe protected arrest-record definition includes a nonconviction arrest, juvenile record and specified expunged, sealed or impounded history. Do not infer that every conviction is covered by the same definition or that every conviction-based rule is lawful.Read the actual record and other applicable rules.
Owner instruction vs. broker responsibilityThe client relationship does not authorize prohibited discrimination. A broker must not turn a discriminatory instruction into screening, a withheld listing or an ad.An instruction does not create an exemption.
Complaint vs. adjudicated findingIDHR investigates discrimination. Licensing consequences under Section 20-50 depend on the specified finding, notice and hearing process, with appeal qualifications.Do not skip from allegation to automatic revocation.

Work through the facts

Replace the occupant preference with property facts

For an ordinary, nonexempt apartment, an owner requests this ad: "Adults only. No children."

  1. The wording excludes households because of familial status.
  2. An ordinary apartment is not proven exempt merely because the owner prefers quiet occupants.
  3. Describe rooms, amenities and relevant lease terms instead.

Answer: Do not publish the requested restriction.

A voucher is not a reason to stop processing

An otherwise qualified applicant uses a housing subsidy that requires program approval. The provider refuses to permit an inspection because vouchers involve extra steps. No exemption applies.

  1. The refusal targets the source of payment.
  2. IDHR says the provider must cooperate with the review process, including inspection and reasonable repairs needed for program quality standards.

Answer: Continue the lawful approval process; paperwork and inspection requirements do not justify a blanket refusal.

Use the tenant portion in an income test

Assume a reasonable, otherwise lawful income test of three times the tenant-paid rent. Monthly rent is $1,800, the subsidy pays $1,200, and the applicant pays $600.

  1. The relevant tenant share is $1,800 - $1,200 = $600.
  2. Three times $600 is $1,800, not $5,400.
  3. This arithmetic does not establish that every three-times standard is reasonable or that every other screening criterion is lawful.

Answer: The stated test uses $1,800 of nonsubsidized monthly income.

Separate a space assignment from a physical alteration

A tenant with a mobility disability needs a nearby reserved space. Another needs permission to widen an interior doorway. Both requests are supported and reasonable on the stated facts.

  1. Changing the parking assignment is an accommodation.
  2. Widening the doorway is a modification.
  3. Under the Illinois modification provision the person generally pays, but additional law, such as applicable Section 504 duties, may shift the cost.

Answer: Classify the actual change, then apply the relevant duty and cost rule.

Recognize the transaction being induced

A broker warns owners that values will collapse because families of a particular national origin are moving nearby, then urges them to list now.

  1. The broker is using a specified demographic change and fear of value loss to solicit owner transactions.
  2. Whether the broker actually closes a sale is not the defining fact in this scenario.

Answer: This is a blockbusting pattern under Section 3-103.

An owner cannot direct a discriminatory search

A buyer asks which neighborhood is appropriate for people of the buyer's ethnicity. The broker has several suitable listings matching the buyer's stated price and commute.

  1. The broker should not allocate neighborhoods by ethnicity.
  2. Discuss the buyer's actual property needs and provide objective resources and suitable available choices.

Answer: Keep the search based on the buyer's criteria, rather than the broker's demographic assumptions.

A complaint is not an automatic license revocation

A consumer files a discrimination charge against a licensee. A colleague says the charge alone requires IDFPR to revoke the license.

  1. An allegation and a final finding are different stages.
  2. Section 20-50 distinguishes civil or criminal court adjudications from administrative findings and provides notice, hearing and appeal qualifications. The required court-finding process and the range of actions after an administrative finding are not interchangeable.

Answer: The colleague has skipped the required finding and process.

Mistakes to avoid

  • Memorize only the seven federal fair housing classes. Illinois protects a broader list. Source of income, immigration status, arrest record, ancestry, age, marital status, and other state bases can decide the question.
  • An actual protected characteristic must be proved. Several IHRA protections cover actual or perceived status. Discrimination based on a mistaken protected-status belief can still violate the Act.
  • No Section 8 is an acceptable owner preference. A voucher is a lawful source of income. Blanket rejection and advertising against that income category are prohibited statewide.
  • Treat everyone identically, so never adjust a rule. Disability law can require a reasonable accommodation to a rule, policy, practice, or service so a person has equal opportunity to use and enjoy housing.
  • The landlord always pays for a tenant's physical alteration. A reasonable modification to existing premises is generally at the disabled person's expense. Do not confuse it with a policy accommodation.
  • A support dog can be charged the standard pet deposit. The Act bars an extra charge because of a guide, hearing, or support dog, while preserving recovery for actual damage.
  • Adults only is just an occupancy rule. It signals a familial-status limitation. A reasonable numerical occupancy standard is different from excluding children.
  • An owner can make discriminatory choices if the broker is only following instructions. Agency obedience stops at unlawful instructions. The broker must refuse, document, and involve the sponsoring broker.
  • An owner-occupied building is exempt from all fair housing provisions. Illinois exemptions are narrow, protected-basis specific in places, and element dependent. The main advertising restriction expressly survives several exemptions.
  • Adding an equal-housing logo cures biased wording. A logo does not erase a discriminatory preference, coded phrase, image selection, or audience-targeting practice.

Check your understanding

These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.

1. Which is an Illinois housing protection beyond the seven named federal Fair Housing Act classes?

  1. Religion
  2. Lawful source of income
  3. Color
  4. National origin
Show answer and explanation

Answer: B. Lawful source of income

Illinois expressly protects source of income. The other three choices are also in the federal Fair Housing Act list. A question about another federal program can involve additional protections; do not confuse that with the named seven-class list.

2. For an ordinary nonexempt apartment, which ad avoids a protected occupant preference on the facts given?

  1. Married couples preferred
  2. No voucher applicants
  3. Two bedrooms, balcony and in-unit laundry
  4. Adults only
Show answer and explanation

Answer: C. Two bedrooms, balcony and in-unit laundry

The property-feature description does not state the protected preferences in the other choices. Check the rest of the ad and the actual screening conduct too; a neutral sentence cannot cure a discriminatory process.

3. A tenant needs a reasonable disability-related exception to a first-come parking rule. What type of request is this?

  1. Property tax exemption
  2. Title restriction
  3. Physical modification
  4. Accommodation
Show answer and explanation

Answer: D. Accommodation

The request changes a rule governing use of the property. It does not involve construction. A disability-related doorway alteration would present a physical modification instead.

4. An owner instructs a broker to reject every applicant with a nonconviction arrest. The ordinary rental is covered and no exception applies. What should the broker do?

  1. Reject them without recording the reason
  2. Decline to apply the discriminatory instruction
  3. Use the rule only for applicants without vouchers
  4. Follow the owner because the instruction is written
Show answer and explanation

Answer: B. Decline to apply the discriminatory instruction

Illinois protects the defined arrest record. Written client instructions do not override the Act. The facts expressly state a nonconviction arrest, coverage and no exception; the question is not a ruling on all criminal-history screening.

5. A broker urges owners to sell now because people of a particular race are moving in and values will fall. Which conduct is most directly described?

  1. Blockbusting
  2. A lawful comparative market analysis
  3. Amortization
  4. A disability modification
Show answer and explanation

Answer: A. Blockbusting

The solicitation ties an owner transaction to a specified demographic change and threatened value loss. That is the blockbusting issue, not a neutral analysis of comparable sales.

6. An Illinois owner claims the private single-family sale exemption in Section 3-106(A) but uses a licensed broker to sell the home. What happens to that claim?

  1. The no-broker condition is not met
  2. It becomes a federal exemption
  3. It automatically protects the broker
  4. It covers discriminatory advertising only
Show answer and explanation

Answer: A. The no-broker condition is not met

Use of brokerage services defeats that particular Illinois exemption condition. It is not enough to say the home is privately owned. Other laws and any separately applicable exceptions still need their own analysis.

7. A screening rule is identical for all applicants but has a discriminatory effect. Which statement best reflects Section 3-102(H)?

  1. Discriminatory effects cannot matter before 2027
  2. Uniform wording always makes the rule lawful
  3. Only a signed admission of bias can matter
  4. Uniform use alone does not establish legality; necessity and less discriminatory alternatives matter
Show answer and explanation

Answer: D. Uniform use alone does not establish legality; necessity and less discriminatory alternatives matter

The current transaction provision already addresses discriminatory effects. Apply its substantial legitimate nondiscriminatory interest and less discriminatory practice analysis; a future amendment to another definition does not erase the rule now in force.

8. A blind renter has a guide dog within Section 3-104.1. Which charge does that section expressly distinguish from a prohibited extra dog charge?

  1. A charge for actual damage the dog causes to the premises
  2. A mandatory special pet deposit
  3. An extra application fee because of the dog
  4. An automatic monthly disability surcharge
Show answer and explanation

Answer: A. A charge for actual damage the dog causes to the premises

The section bars an extra charge because the qualifying person has the guide, hearing or support dog, while distinguishing actual premises damage. It is not a general license to add pet fees or a complete definition of every assistance-animal claim.

Common questions

Does Illinois protect more classes than the federal Fair Housing Act?

Yes. Use the Illinois table above. State protections include ancestry, age, marital status, order of protection status, military-related protections, sexual orientation as defined to include gender-related identity, reproductive health decisions, immigration status, lawful source of income and arrest record. Federal program duties and local ordinances may add requirements.

Does source of income protection require accepting every applicant?

No. Lawful, reasonable screening still matters, but rejecting the payment source is prohibited in covered transactions. IDHR instructs providers to use the tenant-paid share for a minimum income test. Uniform application does not excuse a discriminatory effect. A subsidy does not require an owner to lower the asking rent; raising rent to avoid subsidized applicants is a different issue.

Is an accommodation the same as a modification?

No. A policy exception is an accommodation; a physical alteration is a modification. Illinois generally places modification expense on the person with the disability. Applicable Section 504 duties can require a recipient to pay, subject to the relevant limits. Do not assume receipt of a tenant-based voucher by itself establishes every Section 504 obligation.

Can a landlord require restoration or a bigger disability deposit?

Section 3-102.1 permits reasonable rental conditions to restore the interior, allowing for ordinary wear. It prohibits an increased customary security deposit. Where necessary, a reasonable restoration agreement may include an interest-bearing escrow, accumulated over a reasonable period and capped at restoration cost, with interest benefiting the tenant. That is different from an automatic disability surcharge. Workmanlike construction, required permits and a reasonable description of the proposed work can also be relevant conditions.

What does Illinois require for newer multifamily accessibility?

Section 3-102.1(C)(3) addresses covered multifamily dwellings first occupied after March 13, 1991. The definition generally reaches buildings with four or more units: all units in elevator buildings and ground-floor units in other covered buildings. Accessible common areas, doors, routes and specified adaptable features are involved. Do not assume every old single-family rental falls within this construction rule. This is a coverage summary, not a construction certification.

Are guide dogs, emotional support animals and pets interchangeable?

No. Section 3-104.1 specifically protects blind or hearing-impaired people and people with physical disabilities who have a guide, hearing or support dog. Broader disability and assistance-animal claims require their own analysis. Use the separate Illinois assistance-animal guide for documentation and accommodation questions; a no-pets label does not decide them. The separate dog section also distinguishes actual damage from an extra charge merely for having the dog.

What are the common private-owner exemption traps?

Section 3-106(A) has multiple conditions for a private single-family sale, including an ownership cap, last-resident condition and no brokerage involvement. Subsection (B) concerns a building for no more than four independent families with the owner residing there. Subsection (C) addresses private-home rooms, including a limited absence-and-return condition. Each expressly preserves Section 3-102(F) advertising restrictions. Read the complete section before claiming an exemption; these are not universal exceptions to every applicable law.

Can housing for older persons simply ban every protected group?

No. Section 3-106(I) addresses familial status for qualifying older-persons housing. The 55-and-over route requires at least 80% of occupied units to have someone 55 or older, plus intent policies and occupancy verification. The percentage alone is insufficient. Other routes exist, including housing solely occupied by people 62 or older.

Does the owner-occupied exception mean every property with four units is exempt?

No. The owner-residence and other applicable statutory conditions matter. The Act also contains protection-specific exceptions, such as Section 3-106(H-1), rather than one all-purpose small-building rule. Check the precise conduct, protection, property and overlapping law.

Can discriminatory language in an old deed still be enforced?

Section 3-105 makes specified race, color, religion and national-origin restrictions void and prohibits inserting or honoring such provisions. Its religious-use limitation has its own conditions. A restriction appearing in the chain of title is not proof that a broker should enforce it.

Can a provider retaliate against someone who reports discrimination?

No. Article 3 prohibits interference, coercion, intimidation and threats connected to exercising or helping another person exercise protected rights. Preserve relevant records and use IDHR's current reporting guidance promptly. Filing deadlines and procedures depend on the claim and forum.

Does a discrimination finding automatically revoke a real estate license?

Section 20-50 distinguishes court adjudications from administrative findings. After the specified civil or criminal court finding, the prescribed licensing process can require suspension or revocation; the administrative branch allows one or more authorized disciplinary actions. Notice, hearing and appeal qualifications matter. A charge alone is not that finding.

Are the 2027 amendments already in force in October 2026?

No. The ILGA definitions page displays multiple versions. This review uses the version in force in October 2026 and does not treat the January 1 or June 1, 2027 amendments as current. Section 3-102(H) already supplies a discriminatory-effect rule for covered transactions.

Are these actual PSI questions?

No. The eight questions are original teaching scenarios, reviewed against the cited sources. They illustrate the stated facts; they do not predict PSI items or validate readiness from a particular percentage. For a live transaction or exemption dispute, obtain advice based on the complete facts.

Keep practising

Your next practice step

Put fair housing into practice

Identify the protected characteristic, covered conduct and applicable exception.

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Official sources and scope

Reviewed October 24, 2026 against current statutory text, official indexed compilations and IDHR guidance. Some ILGA direct pages did not load; the relevant first-party indexed text was cross-checked instead. The definitions page includes future amendments, which are separated from the October 2026 rules. This is a focused exam guide, not a complete catalogue of every exemption, program requirement, local ordinance or filing deadline. HUD guidance is used for the stated federal baseline and Section 504 points, not to change Illinois protections. Hypothetical screening facts expressly assume coverage and no applicable exception; a result here is not a ruling on an unstated property.

This is exam preparation, not advice for a specific transaction. State law and the applicable facts control. Our editorial and corrections process explains how to report an issue.

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