Illinois Landlords and Criminal History Inquiries: What Renters Need to Know

Understanding your rights as a renter in Illinois can ease concerns, especially if you are asked about your criminal history. Illinois has clear rules under fair housing laws about what landlords can and cannot ask when you apply for a place to live. This article explains what questions landlords may ask, what laws protect you, and what steps you can take if you believe your rights are violated.

Illinois Fair Housing Laws and Criminal History: An Overview

Illinois state law, as well as several federal statutes, protect renters from discrimination in housing based on factors like race, religion, and—importantly for many—certain aspects of criminal history. While landlords do have some rights to screen for safety, there are limits to what they may ask and how they use your background information under the Illinois Human Rights Act and federal laws like the Fair Housing Act.^[1]

Can Landlords Ask About Criminal History?

Landlords in Illinois are allowed to ask about criminal convictions, but with important restrictions:

• They cannot ask about arrests that did not result in a conviction.
• They cannot deny housing solely based on an arrest record or expunged/sealed convictions.
• They must comply with Chicago’s special rules (the "Just Housing Amendment") if the rental property is in Cook County. This law requires a two-step process before a landlord can consider criminal history.

It’s important to note that laws differ throughout Illinois. In Cook County (including Chicago), renters have extra protections due to the Just Housing Amendment.

The Just Housing Amendment (Cook County)

If you are renting in Cook County, landlords must:

• First, decide if your application meets all non-criminal criteria (like income and credit).
• Only then may they review criminal conviction history from the previous three years.
• Provide you with a copy of any background check and an opportunity to dispute inaccurate information.

Your Rights When Asked About Criminal History

Understanding when a landlord can ask these questions helps you know if your rights are being respected.:

• You have the right to receive written notice if your criminal history will be considered (in Cook County).
• You may provide evidence of rehabilitation or mistakes in a background report.
• Landlords can only consider convictions, not arrests or sealed records.

Statewide, landlords must ensure that their screening does not violate the Illinois Human Rights Act or federal Fair Housing Act standards.^[1][2]

Official Forms and Complaint Process

If you believe a landlord illegally discriminated against you—by improperly using criminal history, for example—you may file a complaint with the Illinois Department of Human Rights (IDHR).

• Form Name: Illinois Department of Human Rights (IDHR) Charge of Discrimination Form
• How it’s used: Submit this form to report housing discrimination. For instance, if you were denied an apartment after disclosing a criminal record that should not have been considered, you can complete this form and file it with IDHR.
• Access the IDHR Charge of Discrimination Form

The IDHR—a state enforcement agency—will review your complaint, investigate, and could offer hearings if needed.

Tribunal for Housing Disputes in Illinois: Residential tenancy and discrimination cases in Illinois are handled by either the Illinois Department of Human Rights (IDHR) for discrimination issues or local courts for rental disputes.

Key Legislation Protecting Renters

• Illinois Human Rights Act
• Cook County Just Housing Amendment
• Federal Fair Housing Act

These laws ensure that renters are protected from unfair disputes around criminal history in applications.

Frequently Asked Questions

1. Can a landlord in Illinois deny my rental application because of my criminal record?
   Only under limited circumstances. Landlords may deny applications for recent, relevant criminal convictions, but not for arrests, expunged, or sealed records. In Cook County, special rules require a two-step application process.
2. What should I do if I think I've been discriminated against for my criminal history?
   You can file a complaint with the Illinois Department of Human Rights (IDHR) using the Charge of Discrimination Form. Keep records of your application and all landlord communications.
3. Does the Just Housing Amendment apply outside of Chicago?
   Yes, it applies across all of Cook County but does not extend to other Illinois counties.
4. Can landlords see expunged or sealed records?
   No, expunged or sealed records cannot be used against you in rental housing decisions and should not appear in background checks.

Conclusion: Protecting Your Fair Housing Rights

• Illinois renters have protections against discrimination based on criminal history—especially for non-conviction, sealed, or expunged records.
• Cook County renters benefit from the Just Housing Amendment's two-step application process.
• If you suspect discrimination, use the IDHR’s official complaint form to seek help.

Staying informed helps ensure you are treated fairly in your rental search. For more guidance, reach out to the official agencies below.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – For complaints and information on fair housing.
• Cook County Just Housing Amendment – Detailed rules for renters in Cook County.
• U.S. Department of Housing and Urban Development (HUD): Housing Discrimination Complaints
• Illinois Legal Aid: Tenant Rights

---

1. Illinois Human Rights Act – Rental Housing Protections
2. HUD Guidance on Criminal History and Fair Housing

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations