Illinois Rules on Rent Increases After Accessibility Upgrades

Understanding your rights around rent increases is essential—especially if your rental unit has recently been modified for accessibility in Illinois. Landlords and tenants are both protected by state and federal laws, but when upgrades are made for disability access, the rules can become more complex. This article will break down what renters in Illinois need to know about rent increases after accessibility upgrades, which forms to use, and where to turn for support.

Accessibility Modifications in Illinois Rentals

Tenants with disabilities have the right to request reasonable accessibility upgrades under federal and state law. These modifications might include installing ramps, grab bars, or accessible showers. In many cases, the tenant is responsible for the cost, but certain public funding or landlord agreements may help.

When Can a Landlord Increase the Rent?

• Regular Rent Increases: In most of Illinois, landlords can increase rent after a lease term ends, with 30 days’ written notice for month-to-month tenancies. However, Chicago and some cities have their own rules.
• Rent Increases Tied to Accessibility Upgrades: Landlords cannot increase your rent simply because you requested or made a reasonable accommodation or modification for accessibility as protected by the Fair Housing Act and Illinois statutes.^[1]
• If upgrades were at your own expense and are necessary for accessibility, the landlord cannot use these as a reason to raise your rent.
• If a landlord independently chooses to upgrade a unit (for example, makes it universally accessible as a property improvement), a rent increase follows the usual rules and advance notice.

It's illegal for a landlord to retaliate with a rent increase because of a disability accommodation request.

Notice Requirements for Rent Increases

• For month-to-month tenants outside of rent-controlled areas, a landlord must give at least 30 days’ written notice before any rent increase, per the Illinois Rent Control Preemption Act.^[2]
• Fixed-term leases can only have rent increases at renewal unless stated otherwise in the lease.

Required Forms and How to Use Them

• Reasonable Accommodation/Modification Request Form – Used by tenants to formally request changes for accessibility. You can use sample forms or write your own, but be sure to specify the needed change. While Illinois does not have a numbered state-wide form, you can use sample templates from the U.S. Department of Housing and Urban Development (HUD) for guidance.
  Example: Jane, who uses a wheelchair, submits a written request (or the HUD template) to her landlord for a ramp installation. This protects your right to request modifications under the law.
• Illinois Department of Human Rights (IDHR) Discrimination Charge Form – If you suspect the landlord increased your rent as retaliation for an accommodation, file a charge with IDHR.
  Find the form and instructions at: IDHR File a Charge
  When to use: If your landlord raises rent after you ask for accessibility changes, and you believe it is retaliatory, submit this form.
• Chicago Notice of Rent Increase (For Chicago tenants under the Residential Landlord and Tenant Ordinance): Used by landlords to formally provide notice. More at the City of Chicago's Rent Increase Notice portal.

What to Do If You Believe a Rent Increase Is Unfair or Discriminatory

If you suspect that a rent increase is related to your request for disability accommodations or is applied in a discriminatory way, you have the right to file a complaint:

• Document all communications with your landlord (save emails, letters, and notices).
• Submit a complaint to the Illinois Department of Human Rights (IDHR).
• Contact HUD if you live in federally subsidized housing or if your case involves federal laws.
• File a case in court or seek mediation via the local county court or city tribunal.

If you need step-by-step help on how to file, see the action steps below.

Which Board or Tribunal Handles Rental Disputes?

While Illinois does not have a single state tenancy tribunal, cases involving residential landlord-tenant complaints are primarily handled by county courts. If your case involves discrimination or retaliation, it's usually started with a complaint to the Illinois Department of Human Rights (IDHR). Chicago renters may also use the city's Department of Housing for local ordinance issues.

Relevant Illinois Legislation

The rules discussed here are based on:

• Illinois Human Rights Act
• Federal Fair Housing Act
• Illinois Rent Control Preemption Act
• Relevant local ordinances (such as the Chicago RLTO)

Frequently Asked Questions (FAQ)

1. Can my landlord raise the rent because I asked for an accessibility modification?
   No. Under Illinois law and the Fair Housing Act, a landlord cannot raise rent in response to a reasonable accommodation or modification request.
2. Do I have to pay for accessibility upgrades in my apartment?
   Generally, tenants are responsible unless the landlord agrees otherwise or the upgrade is required in public/common areas, in which case the landlord may cover the cost.
3. How much notice does my landlord need to give for a rent increase in Illinois?
   For most month-to-month tenancies, at least 30 days’ written notice is required. For fixed-term leases, rent can only increase at renewal, unless the lease states otherwise.
4. What should I do if I suspect a retaliatory rent increase?
   Document communications and file a discrimination charge with the Illinois Department of Human Rights. You can also seek advice from legal aid or advocacy groups.
5. Can my landlord refuse an accessibility modification request?
   Only if the request is unreasonable or would cause undue hardship. Most requests for necessary accessibility changes must be considered and cannot be denied without valid reason.

Key Takeaways for Illinois Renters

• Rent increases cannot be used to punish or discourage tenants from seeking disability accommodations.
• Written notice, typically 30 days, is always required for any rent hike outside lease agreements.
• Support is available if you suspect disability-based discrimination related to rent increases.

Always keep records and seek help from official channels if unsure about your rights or next steps.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – Main agency for discrimination complaints, forms, and resources.
• HUD Office of Fair Housing and Equal Opportunity – Federal complaints regarding disability discrimination.
• City of Chicago Department of Housing – Issues relating to the RLTO, local notice requirements, and tenant advocacy.
• For legal support in your area, contact Illinois Legal Aid.

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1. Fair Housing Act and Disability Protections
2. Illinois Rent Control Preemption Act - Notice Provisions

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