LGBTQ+ Renters’ Fair Housing Rights in Illinois

Finding safe, welcoming housing is a fundamental right for everyone. If you’re an LGBTQ+ renter in Illinois, knowing your fair housing rights is key to protecting yourself from discrimination and ensuring equal access to rental housing. This guide outlines the state and federal protections LGBTQ+ renters have, explains how to respond to discrimination, and provides access to key resources and forms.

Illinois Fair Housing Protections for LGBTQ+ Renters

In Illinois, it is illegal for landlords or property managers to discriminate against renters or applicants based on sexual orientation, gender identity, or gender expression. Both state laws and federal rules provide strong protections for LGBTQ+ tenants.

Relevant Legislation and Protections

• Illinois Human Rights Act — This state law explicitly prohibits housing discrimination based on sexual orientation and gender identity.^[1]
• Federal Fair Housing Act — As interpreted by the U.S. Department of Housing and Urban Development (HUD), the Act protects against discrimination based on gender identity and sexual orientation.^[2]

Examples of housing discrimination include refusing to rent, setting different terms, harassing, or making derogatory comments due to your sexual orientation or gender identity.

Which Agency Handles Tenant Complaints in Illinois?

The official body handling most housing discrimination complaints in Illinois is the Illinois Department of Human Rights (IDHR). At the federal level, the U.S. Department of Housing and Urban Development (HUD) investigates fair housing complaints. For issues related specifically to tenant-landlord disputes (like evictions or repairs), the appropriate resource is generally your local county circuit court.

How to File a Housing Discrimination Complaint

If you believe you have been discriminated against because of your sexual orientation or gender identity, you can submit a complaint to IDHR or HUD. You must file within 300 days of the incident for IDHR and within one year for HUD.

Key Official Forms and How to Use Them

• Illinois Department of Human Rights Housing Discrimination Intake Form
  IDHR Housing Discrimination Intake Form (PDF)
  When and How to Use: Use this form to start a formal complaint with the IDHR if you feel a landlord or property manager has treated you unfairly because of your gender identity or sexual orientation. For instance, if your rental application was denied after you disclosed your LGBTQ+ status, submit this form online or by mail.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing Complaint Form
  HUD Housing Complaint Form
  When and How to Use: If your discrimination issue extends beyond Illinois or involves federal programs, you can file this complaint online. For example, if a federally funded apartment complex refuses to rent to you because you are transgender, complete the HUD form.

Action Steps for Renters Facing Discrimination

• Document any suspected discrimination, including dates, names, conversations, and relevant documents or emails.
• Submit a complaint form to IDHR and/or HUD as soon as possible after the incident.
• Wait for the agency to contact you for follow-up information or investigation.
• If your case is substantiated, remedies may include getting the housing you were denied, policy changes, or monetary compensation.

Processing times and outcomes vary, but both agencies offer free investigation services.

FAQ: LGBTQ+ Housing Rights for Illinois Renters

1. Can a landlord in Illinois refuse to rent to me if I am LGBTQ+?
   No. Under Illinois law and the federal Fair Housing Act, refusing to rent to someone because they are LGBTQ+ is prohibited.
2. What should I do if I experience harassment from a landlord or neighbor due to my LGBTQ+ status?
   Keep a record of the behavior and make a complaint to the Illinois Department of Human Rights or HUD. Harassment based on sexual orientation or gender identity is illegal.
3. What is the deadline to file a discrimination complaint?
   Generally, you have 300 days from the incident date to file with IDHR, or one year to file with HUD.
4. Are there protections for gender expression as well as identity?
   Yes. Both state law and HUD guidance include protections for gender expression, identity, and sexual orientation.
5. Will my landlord be notified if I file a complaint?
   Yes. The responding party (such as your landlord) will be informed as part of the agency’s investigation process, but retaliation against you is also illegal.

Need Help? Resources for Renters

• Illinois Department of Human Rights: File a Housing Discrimination Complaint (online, mail, or in person)
• HUD Fair Housing and Equal Opportunity: Learn about federal protections and file a complaint online
• Illinois Courts: Tenant & Landlord Information
• For immediate threat or retaliation concerns, contact the Civil Rights Bureau, Office of the Illinois Attorney General.

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1. Illinois Human Rights Act
2. HUD: LGBTQ+ Fair Housing Equal Opportunity Guidance

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