Understanding Protected Classes in Illinois Fair Housing

Federal and Illinois laws protect renters from discrimination in housing. Knowing which groups ("protected classes") are covered helps you recognize unfair treatment and take steps to defend your rights. This article explains protected classes under Illinois law and what to do if you believe you've experienced discrimination.

Who Is Protected? Illinois Fair Housing Protected Classes

Under both the Illinois Human Rights Act and federal law, renters are protected against discrimination based on certain categories. In Illinois, these protected classes include:

• Race
• Color
• Religion
• Sex (including sexual harassment)
• National Origin
• Familial Status (having children under 18, or being pregnant)
• Disability
• Age (40 and over)
• Ancestry
• Marital Status
• Order of Protection Status (being a victim of domestic violence)
• Gender Identity
• Sexual Orientation
• Military Status
• Unfavorable Military Discharge
• Source of Income (including Section 8, effective statewide as of 2023)

This means landlords cannot deny housing, set different terms, or harass tenants based on these categories. For renters, understanding these protections is key to recognizing possible discrimination.

What Housing Actions Are Covered?

The law applies to most rental housing decisions. Examples of discriminatory actions:

• Denying rental applications due to race, disability, or other protected class
• Charging higher rent because a renter receives housing assistance
• Advertising that discourages families with children
• Failing to make reasonable accommodations for disabilities

However, some exemptions may apply (such as owner-occupied buildings with four or fewer units). Always check with an official source or seek assistance if you have questions.

How to File a Housing Discrimination Complaint in Illinois

If you believe you've faced discrimination by a landlord or property manager, you can file a complaint with the Illinois Department of Human Rights (IDHR). The IDHR is the official state tribunal managing fair housing complaints for renters.

Official Form to File a Complaint

• Form Name: Illinois Department of Human Rights Intake Questionnaire (Housing) [No form number]
• When to Use: Use this form when you want to report suspected housing discrimination in Illinois.
• How to Use: Fill out the intake questionnaire online, by mail, or in person, providing your information and details about the incident.
• Official Source: Illinois DHR – File a Charge

After submitting the intake questionnaire, the IDHR may contact you for more details and guide you through the process.

Key Legislation Protecting Renters

• Illinois Human Rights Act
• Federal Fair Housing Act

Both state and federal laws protect renters from discrimination. If you aren't sure whether your situation qualifies, you can reach out to the IDHR for help.

Steps to Take if You Suspect Discrimination

Here is how a renter can respond if you believe your fair housing rights have been violated:

• Document any communication, incidents, or evidence (keep copies of emails, texts, or notices)
• Complete the IDHR’s Intake Questionnaire promptly
• Submit your complaint within 1 year of the discriminatory act
• Contact an advocacy group or legal aid for guidance if needed

FAQ: Illinois Fair Housing Protected Classes

1. Who is considered a protected class under Illinois housing law?
   Illinois law protects renters from discrimination based on race, color, religion, sex, national origin, disability, familial status, age, sexual orientation, gender identity, marital status, ancestry, military status, unfavorable military discharge, order of protection status, and source of income.
2. Is it legal for a landlord to refuse Section 8 or other housing vouchers?
   No. Illinois law now includes source of income (including housing vouchers like Section 8) as a protected class.
3. Where do I file a housing discrimination complaint in Illinois?
   You should file your complaint with the Illinois Department of Human Rights, which will review and investigate your claim.
4. What evidence should I collect if I suspect discrimination?
   Keep any written communications, notices, emails, text messages, or other documents that can help support your claim.
5. Does the law protect me if my landlord treats me differently because I have children?
   Yes, "familial status" means you cannot be discriminated against for having children under 18 or being pregnant.

Conclusion: Key Takeaways

• Illinois law protects renters against discrimination based on many characteristics, including source of income as of 2023.
• If you face discrimination, contact the Illinois Department of Human Rights promptly and submit the official intake questionnaire.
• Always save evidence and act quickly—tenant protections have time limits.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – main state body for housing discrimination complaints
• Illinois Legal Aid Online – free legal resources for renters
• Illinois Housing Help – official resource hub for renters and housing needs
• HUD - File a Federal Fair Housing Complaint

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1. Illinois Human Rights Act
2. Federal Fair Housing Act
3. Illinois Department of Human Rights (IDHR)
4. IDHR Complaint Intake Form

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