Proving Discriminatory Tenant Screening in Illinois

Discrimination & Fair Housing Laws Illinois published: June 21, 2025 Flag of Illinois

If you applied to rent a home or apartment in Illinois and believe you were denied unfairly, you might suspect discriminatory screening practices. Illinois and federal laws protect you from housing discrimination based on characteristics like race, religion, or disability. This guide explains how renters can recognize, document, and prove discriminatory screening, and what steps to take under Illinois fair housing law.

Understanding Discriminatory Screening in Illinois

Landlords use screening practices—such as background checks, credit reports, or rental history—to choose tenants. However, it's illegal to deny or treat someone differently in housing because of race, color, religion, national origin, sex, disability, familial status, age (40+), military status, ancestry, marital status, sexual orientation, order of protection status, or unfavorable military discharge under the Illinois Human Rights Act and the federal Fair Housing Act.[1][2]

Recognizing Signs of Discriminatory Screening

Discriminatory screening can take different forms. Watch for:

  • Being held to different rental standards because of your protected class
  • Refusal to let you view the apartment while others are allowed
  • Requests for more documentation from you than from others
  • Being quoted higher rent or fees than others for the same unit
  • Statements that suggest a preference or prejudice (spoken or in writing)

It's important to gather precise examples if you notice any of these warning signs.

How to Document Discriminatory Screening Practices

If you believe you experienced discrimination, good record-keeping is essential. Here’s how you can build your case:

  • Save all written communications: Emails, texts, letters, and applications
  • Take notes of conversations: Write down what was said, when, and by whom
  • Collect witness statements: If anyone saw or heard discriminatory actions
  • Compare treatment: If you know others who applied, document differences in how they were screened or treated
  • Keep copies of ads: Sometimes listings themselves have discriminatory language (e.g., “no children,” "English only")
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Filing a Complaint: Forms and Where to Submit

If you decide to take action, you can file a complaint with the Illinois Department of Human Rights (IDHR) or the federal U.S. Department of Housing and Urban Development (HUD).[3][4]

Illinois Department of Human Rights (IDHR)

  • Form: IDHR Fair Housing Complaint Form
  • When to use: If you believe you have been discriminated against in any housing practice in Illinois.
  • Where to find: Illinois Fair Housing Discrimination Complaint Form
  • How it works: Complete the form as soon as possible (within 1 year of the alleged discrimination). After investigating your complaint, IDHR may try to resolve the case, or it can proceed to a hearing before the Illinois Human Rights Commission.
  • Example: If you were denied an apartment after mentioning a service animal, you can describe this in the form and attach emails as evidence.

U.S. Department of Housing and Urban Development (HUD)

  • Form: HUD Form 903 Online Housing Discrimination Complaint
  • When to use: If you believe federal fair housing rights have been violated, whether in Illinois or elsewhere.
  • Where to find: HUD Housing Discrimination Complaint Portal
  • How it works: File online or download and mail a complaint. HUD investigates and may offer conciliation or refer the matter to state authorities.
  • Example: If you are told "we don't rent to people of your background," you can submit your statement and supporting evidence here.

The primary tribunal that rules on housing discrimination complaints in Illinois is the Illinois Human Rights Commission.[5]

What Happens After You File?

After you submit your complaint, the agency will:

  • Investigate your allegations and gather evidence from both sides
  • Contact witnesses or request more documentation if needed
  • Attempt to resolve the dispute (mediation or settlement)
  • Send a written decision—if evidence of discrimination is found, remedies can include payment for damages, securing housing, or requiring policy changes

The process may take several months. You have the right to be represented by an attorney throughout.

Keep all records organized from the start, as detailed documentation can make the difference in proving your case.

Action Steps: How to Prove and Report Discriminatory Screening

  • Identify why you believe discrimination occurred (protected class and unequal treatment)
  • Gather supporting documents and evidence as listed above
  • Complete the appropriate complaint form for IDHR or HUD
  • Submit your complaint within 1 year of the incident
  • Follow up regularly with the investigating agency

These steps can help renters in Illinois assert their fair housing rights with confidence and clarity.

Frequently Asked Questions

  1. What are considered protected classes under Illinois fair housing law?
    Protected classes include race, color, religion, national origin, sex, disability, familial status, age (40+), marital status, LGBTQ status, ancestry, military status, order of protection status, and unfavorable military discharge.
  2. How quickly must I file a discrimination complaint in Illinois?
    You must file your complaint within one year of the alleged act of discrimination.
  3. Can I still file a complaint if I didn't get the landlord's exact words in writing?
    Yes. You can submit notes, witness statements, or summaries of conversations as evidence.
  4. Will filing a complaint cost any money?
    No. Filing a housing discrimination complaint with IDHR or HUD is free.
  5. What happens if discrimination is proven against my landlord?
    Remedies can include compensation, changes to landlord policies, allowing you to rent the home, or other corrective actions.

Key Takeaways for Illinois Renters

  • Keep thorough and organized records of all rental transactions and communications
  • Act quickly—complaints must be filed within one year
  • Use official state or federal forms and follow up with the investigating agency

Remember: You are protected under both Illinois and federal law from discriminatory screening when renting a home.

Need Help? Resources for Renters

  1. Illinois Human Rights Act (775 ILCS 5)
  2. Federal Fair Housing Act
  3. IDHR Fair Housing Complaint Filing
  4. HUD - How to File a Housing Discrimination Complaint
  5. Illinois Human Rights Commission

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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