Filing a Disability Discrimination Claim as a Renter in Illinois

Facing discrimination because of a disability is not only unfair—it’s illegal in Illinois. Renters should know that strong state and federal laws protect their right to reasonable accommodations and equal treatment. This guide explains how to recognize disability discrimination, outlines the claim process, and connects you to official resources in Illinois.

Understanding Disability Discrimination in Illinois Rentals

In Illinois, it’s illegal for landlords to deny you housing or treat you unfairly due to a physical or mental disability. This includes refusing reasonable accommodations, failing to address accessibility needs, or setting different terms for renters with disabilities. Protections come from both the Illinois Human Rights Act and the federal Fair Housing Act^[1].

What Are Reasonable Accommodations?

Reasonable accommodations are changes to a rental property’s rules or layout that allow a person with a disability equal use and enjoyment. Examples include:

• Allowing a service animal despite a "no pets" policy
• Permitting ramps or grab bars
• Adjusting rent due dates if a disability-related payment schedule is needed

Landlords must consider these requests unless it would cause significant hardship or expense.

Recognizing Disability Discrimination

If a landlord or manager refuses a reasonable accommodation, charges higher rent, gives different lease terms, or denies you a place to live because of your disability, it may be discrimination. Keeping records of your requests and the landlord’s responses can help support your case.

How to File a Disability Discrimination Claim in Illinois

The Illinois Department of Human Rights (IDHR) investigates discrimination in housing. Renters can file a claim if they believe their rights have been violated. You have up to one year from the incident to file with IDHR. Some renters choose to file federally with the U.S. Department of Housing and Urban Development (HUD), but starting with IDHR keeps your case in-state and closer to your rental situation.

Required Forms and Where to Get Them

• IDHR Housing Discrimination Intake Packet
  • Form: IDHR Housing Discrimination Complaint Form
  • How it's used: This is the main form to start your claim with Illinois. For example, if your landlord denied a ramp installation request, you’d complete this form giving details and any supporting evidence.
  • Access the official IDHR forms and instructions
• HUD Form 903 Online or PDF
  • Form: HUD Discrimination Complaint Form 903
  • How it's used: Use this form to file directly with HUD, especially if your discrimination claim involves a landlord who receives federal subsidies or if you want federal review. For instance, if your reasonable accommodation request is denied by a large property chain, HUD might intervene nationally.
  • File a HUD housing discrimination complaint

Where Are Claims Heard?

The Illinois Department of Human Rights (IDHR) processes and investigates these claims. If your complaint is not resolved, it may proceed to the Illinois Human Rights Commission, the tribunal for discrimination hearings^[2].

Action Steps for Filing a Claim

• Complete the required form (IDHR form, optionally also the HUD form).
• Gather any supporting documents (emails, denial notices, medical notes).
• Submit your form: online, by mail, or in person to IDHR (addresses and emails are found on the official IDHR page).
• Await a response and be ready to provide further details if asked.

What Happens After You File?

IDHR will review your complaint and may investigate by contacting both you and your landlord. If discrimination is found, remedies can include allowing modifications, compensation, or stopping unlawful practices. Serious cases can be taken before the Human Rights Commission for a hearing and a final decision.

While the process may take several months, your participation and evidence will be important to the outcome.

FAQ: Disability Discrimination Claims for Illinois Renters

1. Can a landlord reject my rental application because I have a disability?
   No. Illinois law and the federal Fair Housing Act make it illegal to deny housing because of a disability.
2. How long do I have to file a complaint?
   You must file within one year of the act of discrimination with the Illinois Department of Human Rights.
3. What if my landlord retaliates after I file?
   Retaliation for filing a discrimination complaint is also illegal. Report new retaliation to IDHR or HUD right away.
4. Is there a fee to file a claim?
   No, filing a discrimination claim with IDHR or HUD is free for renters.
5. Can I get legal help during this process?
   Yes. Several Illinois legal aid services offer advice and can help represent you during your claim.

Key Takeaways for Illinois Renters

• Illinois law forbids disability discrimination in rentals.
• File a complaint with IDHR within one year if your disability rights are violated.
• Use the correct forms and keep records of your situation.
• Help is available from both state agencies and local legal aid organizations.

Be proactive and seek support early to protect your rights and ensure your housing is fair and accessible.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) Housing Discrimination Forms and Info
• Illinois Human Rights Commission (IHRC) Tribunal
• U.S. HUD Fair Housing & Equal Opportunity
• Illinois Legal Aid Online (legal advice and forms)

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1. See Illinois Human Rights Act (775 ILCS 5) and the federal Fair Housing Act.
2. Illinois Human Rights Commission: official tribunal for discrimination cases.

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