Immigration Status & Housing

The Illinois Human Rights Act is a state law that protects the people of the state of Illinois from discrimination in housing, employment, places of public accommodation, financial credit, and education in Illinois. Individuals who believe they have experienced discrimination in any of these situations can file a charge of discrimination with the The Illinois Department of Human Rights (Department). If the Department finds evidence of discrimination, it will file a complaint with the Illinois Human Rights Commission, which will decide if discrimination occurred.

The Illinois Human Rights Act prohibits housing providers from using a person’s “immigration status” to discriminate against them when renting an apartment, buying a home, applying for a mortgage, or receiving housing-related services. The Act also prohibits real estate brokers and appraisers from discriminating against a person based on their “immigration status.”

A person who believes they experienced discrimination based on their “immigration status” can report the incident to the Illinois Department of Human Rights. For more information on how to report discrimination, see Question 12.

A person’s specific “immigration status” is set by federal law, can be complex, and can change over time. Everyone in the United States has an “immigration status” – including U.S. citizens.

Under the Illinois Human Rights Act, “immigration status” means a person's actual or perceived citizenship or immigration status.

Examples of “immigration status” include, but are not limited to:

- Native-born or naturalized U.S. citizens

- Permanent residents

- Asylees and refugees

- Work, school, or travel visa holders

- Temporary Protected Status (TPS) 

- Deferred action recipients

- Deferred Action for Childhood Arrival (DACA) recipients 

- Undocumented individuals 

In Illinois, all immigration statuses are equally protected from discrimination in housing regardless of whether the “immigration status “ is actual or perceived.

Housing discrimination occurs when a housing provider, real estate agent or broker, appraiser, or mortgage officer treats a person less favorably than another person based on their “immigration status.” Examples of actions that may be considered “immigration status” discrimination in housing include, but are not limited to:

- Preferring housing applicants with a certain “immigration status” over applicants with a different “immigration status.” 

- Altering the terms and conditions of a rental or sale because of the applicant’s “immigration status”. 

- Discouraging individuals from applying to rent property or to buy property because they are immigrants.  

- Advertising or making statements based on “immigration status” such as “citizens only.”

- Falsely telling an applicant that a property is not available because the housing provider wants to rent to another person with a different “immigration status.”

- Refusing to rent to applicants whose “immigration status” has an expiration date.

- Evicting a tenant because of their “immigration status.” 

- Screening out applicants who do not have Social Security Numbers. 

- Asking applicants questions about their “immigration status” when doing so is not required under state or federal law. 

- Charging higher fees or security deposits because the applicant has a particular “immigration status.”

- Failing to make repairs or provide equal services to undocumented tenants because of their “immigration status.”

- Threatening to report or reporting tenants to U.S. Immigration and Customs Enforcement (ICE) because the tenants complained about living conditions or reported incidents of discrimination. 

Yes. The Illinois Human Rights Act protects both new applicants and current tenants. The protection also applies in situations where a housing provider denies a tenant’s request to add a household member to the lease simply because of the new household member’s “immigration status.” 

No. The Illinois Human Rights Act prohibits discrimination based on a person’s actual or perceived “immigration status.” 

The Illinois Human Rights Act requires housing providers to treat all applicants and tenants equally regardless of their “immigration status.” A housing provider could be held responsible for discrimination even if they were mistaken about a person’s exact legally defined “immigration status.” 

A housing provider found responsible for discrimination based on “immigration status” may be required to do any of the following: cease-and-desist from discriminating further; pay actual damages in compensation for loss or injury; pay other damages; pay civil penalties; and pay attorney’s fees.

· Be consistent in the rental or sales application process.

· Screen applicants on a case-by-case basis rather than by their “immigration status.”

· Do not advertise a preference for applicants of a certain “immigration status.”

· Do not give preference to applicants of a certain “immigration status.”

· Apply rental standards and qualifications uniformly and equally to all applicants regardless of their “immigration status.”

· Ensure rental standards and qualifications are reasonable.

· Allow applicants to provide alternatives to Social Security Numbers for background screening and credit checks.

Housing providers may only ask applicants about their “immigration status” where they are required to do so to comply with state or federal laws. 

For example, if a housing provider receives funding from the U.S. Department of Housing and Urban Development (HUD) or other federal agencies, the housing provider may need to ask an “immigration status” question to determine if the applicant is eligible to rent that unit. However, housing providers must be prepared to explain the purpose of the questioning and explain how the questioning specifically relates to compliance with state or federal law. 

A housing provider may not ask about “immigration status” for a general purpose that is unrelated to a specific requirement in state or federal law.  

If a housing provider asks one applicant about their “immigration status,” then the housing provider must ask all applicants the same questions. 

Housing providers should be cautious not to ask questions about “immigration status” based on an applicant’s appearance, nationality, or language as they may also be found responsible for discrimination based on race, color, ancestry, or national origin. 

Yes. Housing providers may run background or credit history checks so long as they are equally applied to all applicants and do not discriminate based on “immigration status” or other protected factors.

In other words, housing providers cannot use a person’s actual or perceived “immigration status” or other protected factors (such as race, national origin, etc.) to determine when and how to run a background check or credit history check.

Housing providers may not require or use information for a background or credit check in a way that discriminates against applicants based on their “immigration status,” even if the discrimination was not intentional. 

Housing providers should offer applicants different ways to provide appropriate personal information for a background or credit check. Alternatives may include, but are not limited to:

• Driver’s licenses, state identification cards, or municipal identification cards;

• Consular identification cards, U.S. or foreign passports; 

• Individual tax identification numbers (“ITIN”). 

As a best practice, housing providers may also wish to consider applicants’ references provided by previous housing providers, employers, and personal contacts.  

Housing providers may not conduct background or credit history checks for some applicants and not for other applicants. 

A person experiencing “immigration status” discrimination in housing can report the incident to the Illinois Department of Human Rights within one year from the date when the discrimination occurred.

Alternatively, the person can file a lawsuit in state court within two years from the date when the discrimination occurred, regardless of whether or not the person reported the alleged discrimination to the Illinois Department of Human Rights.

A person who believes they have been discriminated against by a housing provider may file a charge with the Illinois Department of Human Rights (IDHR) by submitting a completed intake form.

1) The best first step is to access the IDHR intake form (Complainant Information Sheet) on our website and complete it to the best of your ability.

2) Submit your intake form (Complainant Information Sheet) in any of the following ways:

     - By email: send your form to the IDHR Fair Housing Division at IDHR.FairHousing@illinois.gov

     - By postal mail, send your form to:  IDHR, 555 W Monroe St, Ste 700, Chicago, IL 60661

     - By fax, send your form to (312) 814-6251.

     - For an in-person filing, contact IDHR online or at (312) 814-6202 to schedule a visit or to obtain directions to our Chicago or Springfield offices.

· When searching for housing, keep detailed notes of your interactions.

· Take photos or screenshots of advertisements immediately.

· Save all related text messages and e-mails in a safe place (not just on your phone).

· Report possible discrimination to the Illinois Department of Human Rights.

Yes. The Illinois Department of Human Rights provides assistance to anyone who needs help accessing and understanding our information. Please contact us to arrange an accommodation if you are a person with a disability.

· Call 312-814-6262 (voice), 866-740-3953 (TTY)

· Email IDHR.ADA@illinois.gov

No. The Illinois Department of Human Rights will provide an interpreter. You may also bring a support person of your choice to interviews. 

No. Anyone who believes that they have been discriminated against in the state of Illinois can report the incident by filing a charge of discrimination regardless of their “immigration status” which includes undocumented individuals. 

If you believe that you have been discriminated against based on your “immigration status”, the Department may ask about the information that you provided to your housing provider to investigate your charge of discrimination. If you have any doubts or questions about the information that you should provide, kindly speak with the investigator handling your case.

No. An attorney is not required to process a charge of discrimination with IDHR.  However, an attorney may represent a party at any stage of the process.  IDHR does not refer complainants to attorneys but does maintain lists of legal aid associations and other organizations that may represent complainants in discrimination cases.

No. There is no fee to report the incident or to file a charge of discrimination with the Illinois Department of Human Rights.

It is unlawful to retaliate against or to intimidate any person for reporting discrimination or for participating in an investigation through the Illinois Department of Human Rights. It is also unlawful to retaliate against or to intimidate any person because that person reported a discriminatory practice to a housing provider or other authority. 

If you believe that you have experienced retaliation or intimidation, contact the Illinois Department of Human Rights immediately to file a charge.  

For more information on how to report discrimination, see Question 12.

If you have a question about immigration status not answered on this page:

Contact IDHR’s Fair Housing Division by email.

If you have another question not related to “immigration status” discrimination:

Contact the Illinois Department of Human Rights using our online ‘Contact IDHR’ form.