Understanding Familial Status Discrimination for Illinois Renters

Renters in Illinois enjoy strong protections under state and federal law when it comes to discrimination based on familial status—that is, whether you have children, are pregnant, or are in the process of obtaining legal custody of a child. Understanding your rights can help ensure fair treatment and empower you to take action if you face housing discrimination in Illinois.

What is Familial Status Discrimination?

Familial status discrimination occurs when a landlord treats you unfairly because you are:

• Pregnant or expecting a child
• Living with children under 18
• In the process of securing custody of a child
• Acting as a guardian or designee for a minor

Examples include refusing to rent to families with children, imposing stricter rules or higher deposits, or steering families to certain units. The federal Fair Housing Act and the Illinois Human Rights Act both prohibit familial status discrimination.^[1][2]

Your Rights as a Renter in Illinois

Landlords in Illinois cannot:

• Refuse to rent to you because you have children
• Set different lease terms or privileges for families with children
• Deny housing due to pregnancy, adoption, or other changes in family structure
• Segregate families with children to certain parts of a property

These protections apply to most types of rental housing, with limited exceptions like certain owner-occupied buildings with four or fewer units.

Relevant Illinois Legislation

Illinois renters are protected under the Illinois Human Rights Act (775 ILCS 5), which specifically covers familial status among protected classes. Federal protections are guaranteed by the Fair Housing Act.

How to Report Familial Status Discrimination

If you suspect you have experienced discrimination because of your family status, you have the right to take action. Illinois uses official complaint forms through the Illinois Department of Human Rights (IDHR) and the U.S. Department of Housing and Urban Development (HUD).

• IDHR Charge of Discrimination Form (no official form number)
  • When to use: If your landlord treats you unfairly or denies you housing due to having children, use this form to start a formal investigation.
  • How to use: Fill out and submit the form online or by mail. Renter Example: "My landlord refused to renew my lease after I became pregnant."
  • File a Charge with IDHR
• HUD Fair Housing Complaint Form (Form 903)
  • When to use: If discrimination crosses federal lines or you prefer federal investigation, you can submit Form 903 to HUD.
  • How to use: Fill out the form online, by mail, or call HUD directly. Renter Example: "A property manager told me they don't rent to anyone with kids."
  • Submit HUD Fair Housing Complaint

Which Tribunal Handles Tenant Complaints?

Illinois rental discrimination complaints are handled by the Illinois Department of Human Rights (IDHR). For federal cases, contact HUD's Office of Fair Housing and Equal Opportunity.

Action Steps for Reporting Familial Status Discrimination

Taking prompt, clear steps is important if you think your rights as a renter have been violated.

• Gather evidence: Save texts, emails, lease agreements, or witness statements.
• File a charge with IDHR, or submit HUD Form 903 if federal involvement is needed.
• Follow up with IDHR or HUD for updates on your complaint.
• Consider consulting free or low-cost renter advocacy organizations in Illinois for support.

You usually have within 300 days of the alleged act of discrimination to file with IDHR.^[3]

FAQ: Familial Status Discrimination in Illinois Rentals

1. Can my landlord refuse to rent to me if I have children?
   No. It is illegal for landlords in Illinois to deny housing because you have children or are pregnant. Both federal and state law prohibit this.
2. What if my landlord charges a higher deposit for families with kids?
   Charging a higher security deposit or setting stricter rules for renters with children is considered discriminatory and unlawful.
3. Are small landlords exempt from these laws?
   Some exemptions may apply (e.g., owner-occupied buildings with four or fewer units). But most rental properties are covered by these protections.
4. How quickly should I report familial status discrimination?
   You should file a complaint within 300 days of the alleged incident with IDHR or within one year if using the federal HUD process.
5. What happens after I file a complaint?
   IDHR or HUD will investigate your case and may try to resolve it or refer it for legal action if discrimination is found.

Key Takeaways for Illinois Renters

• It is unlawful for Illinois landlords to deny or limit housing opportunities because of familial status.
• If you believe you have experienced this type of discrimination, you can file a complaint with IDHR or HUD using official forms.
• Support is available from state and federal agencies as well as local organizations dedicated to renter rights.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR): File a discrimination complaint, find guides, or get assistance with your case.
• HUD Office of Fair Housing and Equal Opportunity: National support for housing discrimination or fair housing advice.
• Illinois Legal Aid: Fair Housing Rights: Access legal info, forms, and free aid in Illinois.
• Chicago Commission on Human Relations: Help for renters facing discrimination within the city of Chicago.

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1. Federal Fair Housing Act (42 U.S.C. § 3604)
2. Illinois Human Rights Act (775 ILCS 5/1-103(K))
3. Illinois Department of Human Rights: Filing a Charge

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