House Discrimination Claim

Robert Garcia

Legal Counsel

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Document found:

renters_rights_checklist.pdf

House Discrimination Basics

Have you been trying to rent an apartment or buy a house? In this complaint, you will need to prove housing discrimination.

Evidence Types

Direct evidence - this could be a statement by a landlord. It must state that they don't like people of a certain race, religion, ethnicity, or who have a disability.
Indirect evidence - this could be a statement or actions toward other tenants. It can include anything that suggests that the landlord was discriminating against you.

Show proof that you are a member of a "protected class". Also prove that your landlord harassed or treated you unfairly based on your protected class. This proof should show that people outside of the protected class were treated better.

Protected Classes

It is illegal for you to be discriminated against because of your actual or perceived:

Race, Color, Ancestry, National Origin
Religion
Sex, Sexual orientation (including gender-related identity)
Age (40 and over)
Disability (physical or mental)
Association with a person with a disability
Pregnancy
Marital or familial status (having children)
Order of protection status
Military status, Unfavorable military discharge
Certain criminal records (juvenile record, expunged/sealed record, or arrest not leading to conviction)
Source of income (learn more about source of income discrimination)
Immigration status, starting January 1, 2024

Common examples of housing discrimination

There are many ways landlords can discriminate. For example, the landlord could:

Refuse to rent to you
Make an apartment harder to get
Mislead you about the availability of a rental unit
Have terms in the lease or put conditions on renting that they do not have for other people
Offer a reduction in rent in return for sexual favors
Make sexual advances or demands
Discriminate in the:
- Privileges
- Services
- Facilities provided at the apartment building or complex
Discriminate in advertising for the apartment
Threaten, coerce, intimidate, or interfere with you for exercising a fair housing right or assisting others who are using that right
Deny you a reasonable accommodation

Disabilities and housing discrimination

Landlords may not discriminate against people with disabilities. This includes people who:

Have a physical or mental impairment. This impairment must substantially hinder or impair one or more of their major life activities.
Have a record of such an impairment, or
Are regarded as having such an impairment.

Examples of major life activities include: Caring for yourself, Walking, Seeing, Hearing, Speaking, Breathing, Learning, Working, Bathing, Dressing, Eating, Interacting with others, Reading, Sitting, Standing, Sleeping, Thinking, and Concentrating.

The violation of any of these rights is housing discrimination:

With certain exceptions, a landlord cannot legally ask whether you have a "handicap". They can not ask about its nature or severity.
Your right to have a guide, hearing, or support dog.
Your right to make reasonable modifications to places they rent, if those modifications are necessary to let them use or enjoy the premises. Landlords are not required to pay for these modifications, but they must allow them to be made at the expense of the tenant.

If the building was financed with federal funds, however, the landlord must pay for the modifications. Examples of changes include:

Installation of a flashing light to enable a person with a hearing impairment to see that someone is ringing the doorbell,
The construction of a ramp to allow a person in a wheelchair to enter the unit, and
The replacement of doorknobs with lever handles for a person with severe arthritis.

Your right to request reasonable accommodations from landlords. This means cognitive changes or exceptions in rules, policies, practices, or services when this is necessary to allow a person with a disability an equal opportunity to use or enjoy the premises.

Military personnel and housing discrimination in Chicago

Chicago has laws that protect: people who are on active duty; people who are in any reserve component of any branch of any state or federal armed forces; and veterans. This includes discrimination based on military discharge status. These protections help prevent discrimination in
Employment,
Public accommodations,
Credit transactions,
Bonding, and
Housing.
If a landlord will not rent to you because you're in the military, or if a landlord refuses to accept the G.I. Bill as payment for rent, you can file a complaint. Similarly, if you were passed over for a job or a promotion because you are a current or former member of the military, you can file a complaint against the discriminating employer. For more information about how to file a complaint, visit Military Status Discrimination FAQs. These videos may provide more details:
Housing discrimination based on citizenship status or national origin.
Housing discrimination based on sexual orientation: LGBT Rights and Fair Housing

Housing Discrimination Complaint

To use this program:

You must have been discriminated against by someone during a housing or real estate transaction based on your race, ethnicity, religion, sexual orientation, or other trait, and
The property involved must be located in Illinois.

You cannot use this program if it has been more than a year since the discrimination took place.

What do I need first?

To complete this program, you will need:

The name, address, and phone of the person who you believe discriminated against you,
Information about the property you were trying to buy or rent, including address and type of property,
Information about what happened and why you believe it was discrimination

Filing a workplace discrimination claim

File within 300 days of the alleged act of discrimination

If you think that you have experienced employment discrimination in hiring, promotions, firing, or other work-related actions, you can file a complaint.

To file a complaint, you will complete an employment "Complainant Information Sheet" (CIS). Make sure that you give a complete description of the discrimination. After you complete the form and submit it to the County, you will receive a formal charge document to sign.

Your charge will be sent to your employer

Your employer will receive a copy of the charge within 10 days of the date County receives your signed charge. The company must respond to County's questionnaire by a set date, usually 60 days. County can require you to file a formal response. If you fail to respond, there may be a default finding against you.

The County will investigate

When County investigates your claim, they will collect documents from you and your employer and interview witnesses.

Part of the investigation might also include a fact-finding conference. You and your employer can show evidence to the County to help them decide if discrimination occurred. Each side will get a chance to present its facts. The investigator will question both you and your employer's representative. You can respond to your employer's statements. If you fail to attend the hearing, your charge could be dismissed.

You could also go to mediation. You can only mediate if both sides agree to mediate. The goal of the mediation is to settle. If you do not settle, the investigation will continue.

The County conclude all proceedings and make a finding within 365 days of the date you filed your charge.

If the County investigator finds enough proof of discrimination

The investigator will write a report on whether there is enough proof of discrimination for County to go forward with your complaint. If there is enough proof, you will be given a "Notice of Right to Sue" letter. Then, you will have 2 options:

File a lawsuit in civil court, or
Request that County file a complaint

The letter will tell you the deadline for filing a lawsuit or requesting a complaint, but it is generally 90 days after you get the notice.

If you start a civil suit, you must notify the chief legal counsel of the Department within 21 days by serving them with a copy of the complaint. The complaint is a document created when you or your attorney begin a lawsuit that claims your employer discriminated against you.

If the County investigator finds there is not enough proof of discrimination

If the County investigator finds there is not enough proof of discrimination

The County will dismiss your charge. You will be sent a "Notice of Dismissal," which gives you 2 options if you disagree with the decision:
Request a review of the dismissal or
File a lawsuit in state court.
The letter will tell you the deadline for filing or seeking review, but it is generally 90 days after you receive the Notice of Dismissal.