Landlords need to stay updated on changing laws to ensure they’re providing fair and lawful housing. A significant recent change is the new section of the Illinois Human Rights Act, which went into effect in August 2024. This update specifically targets discrimination based on familial status, immigration status, source of income, and arrest records. Non-compliance can lead to serious legal repercussions, so understanding these changes is essential for all property owners. Here’s what you need to know to stay compliant.
What’s New in the Illinois Human Rights Act?
Familial Status Protection: The updated law enhances protections against discrimination based on familial status. This means landlords cannot deny housing to individuals or families simply because they have children. It’s crucial to review rental policies to ensure they don’t inadvertently discriminate against families.
Immigration Status Non-Discrimination: The new amendment prohibits landlords from using immigration status as a criterion for renting. This means you cannot ask about or consider an applicant’s immigration status during the rental process. All applicants must be treated equally, regardless of their citizenship or residency status.
Source of Income: The law now includes source of income as a protected category. Landlords must accept all lawful sources of income, such as housing vouchers or disability payments, as valid for rent payments. Policies that inadvertently exclude certain income sources must be revised.
Arrest Record Protections: The changes also provide protections against discrimination based on an applicant’s arrest record. It’s important to focus on convictions that are directly relevant to the safety of the property and other tenants, rather than on mere arrests that did not result in a conviction.
Lessons from Recent Cases
Staying compliant isn’t just about knowing the law—it’s also about applying it correctly in your daily operations. Let’s take a look at a few recent cases where landlords found themselves in legal trouble for not adhering to best practices:
Unauthorized Entry: A landlord was penalized for entering a tenant’s home without proper notice. This case highlights the importance of respecting tenant privacy and following legal procedures for property access.
Excessive Fees: Charging exorbitant fees for services or late payments can lead to accusations of unfair treatment. A recent case involved a landlord who was sued for applying excessive charges, which ultimately violated tenant protection laws.
Sexual Harassment: This is a severe violation that can lead to lawsuits and substantial penalties. Maintaining professional boundaries and a respectful environment is essential for all landlord-tenant interactions.
Refusal of EV Charging Requests: As electric vehicles become more common, landlords must be prepared to accommodate reasonable requests for charging stations. One landlord faced legal action after refusing to allow a tenant to install an EV charger, illustrating the need for flexibility in property management.
Unpermitted Property Modifications: Modifying a property without the proper permits can lead to safety concerns and legal problems. A landlord who divided a single-family home into multiple units without the necessary approvals was fined and required to restore the property to its original condition.
How to Stay Compliant
To avoid similar pitfalls and ensure compliance with the new amendments to the Illinois Human Rights Act, landlords should:
Update Rental Policies: Make sure all rental criteria and policies reflect the latest changes. Remove any language that could be perceived as discriminatory.
Educate Your Team: Ensure that everyone involved in managing your properties understands the new regulations and the importance of fair housing practices.
Maintain Detailed Records: Keep thorough records of all rental applications, tenant interactions, and property changes. Documentation can be crucial in resolving disputes or defending against claims of discrimination.
Seek Legal Advice: If you’re unsure about how these changes impact your rental operations, consult with a legal expert to ensure full compliance.
By keeping up with these changes and adopting best practices, landlords can create a fair and legally compliant rental environment that benefits both tenants and property owners.
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