In Illinois, landlords are prohibited from discriminating against prospective tenants based on their source of income. This means that landlords cannot refuse to rent to someone simply because they are using a Section 8 housing voucher. However, there are some exceptions to this rule. For example, a landlord may refuse to rent to a Section 8 tenant if the landlord has a legitimate business reason for doing so, such as the tenant’s poor credit history or criminal background. Additionally, landlords are not required to accept Section 8 vouchers for more than the amount of rent that is set by the housing authority.
Fair Housing Act and Section 8
The Fair Housing Act (FHA) is a federal law that prohibits housing discrimination based on race, color, religion, national origin, sex, familial status, and disability. It also protects people from discrimination based on their source of income, which includes participation in a housing assistance program like Section 8.
Section 8 is a federal program that provides rental assistance to low-income families, seniors, and people with disabilities. It is administered by the U.S. Department of Housing and Urban Development (HUD).
State Law
In addition to the FHA, Illinois has its own fair housing law, the Illinois Human Rights Act (IHRA). The IHRA protects people from discrimination in housing based on the same characteristics as the FHA, as well as military status and sexual orientation.
Both the FHA and the IHRA make it illegal for landlords to refuse to rent to someone because they participate in Section 8.
Enforcement
If you believe you have been discriminated against because of your participation in Section 8, you can file a complaint with HUD or the Illinois Department of Human Rights (IDHR).
HUD and the IDHR will investigate your complaint and try to resolve it through conciliation. If conciliation is unsuccessful, you may be able to file a lawsuit.
Penalties
Landlords who discriminate against Section 8 participants may face a variety of penalties, including fines, damages, and injunctions.
In addition, landlords who discriminate against Section 8 participants may lose their eligibility to participate in the Section 8 program.
Frequently Asked Questions
- Can a landlord refuse to rent to someone because they have a Section 8 voucher?
- No, it is illegal for a landlord to refuse to rent to someone because they have a Section 8 voucher.
- What should I do if I believe I have been discriminated against because of my participation in Section 8?
- You can file a complaint with HUD or the IDHR.
- What are the penalties for landlords who discriminate against Section 8 participants?
- Landlords who discriminate against Section 8 participants may face a variety of penalties, including fines, damages, and injunctions.
| Law | Protected Characteristics | Enforcement Agency |
|---|---|---|
| Fair Housing Act | Race, color, religion, national origin, sex, familial status, disability, and source of income | U.S. Department of Housing and Urban Development (HUD) |
| Illinois Human Rights Act | Race, color, religion, national origin, sex, familial status, disability, military status, and sexual orientation | Illinois Department of Human Rights (IDHR) |
Landlord’s Obligations Under Section 8
Landlords who accept Section 8 vouchers have certain obligations:
- Agree to the terms of the HAP contract, including the payment standards, lease terms, and inspection requirements.
- Not discriminate against tenants based on race, color, religion, national origin, sex, familial status, or disability.
- Make reasonable accommodations for tenants with disabilities.
- Maintain the property in good condition and make necessary repairs.
- Comply with all local, state, and federal laws and regulations.
- Allow Section 8 inspectors to access the property for inspections.
- Provide tenants with written notice of any rent increases or lease terminations.
Landlord’s Legal Protections
Landlords who accept Section 8 vouchers have certain legal protections:
- The right to evict tenants for cause, such as nonpayment of rent or violation of the lease terms.
- The right to receive timely payments from the PHA.
- The right to inspect the property regularly.
- The right to terminate the HAP contract if the tenant violates the terms of the contract or the landlord is unable to comply with the terms of the contract.
| Obligations | Legal Protections |
|---|---|
| Agree to the terms of the HAP contract. | Right to evict tenants for cause. |
| Not discriminate against tenants. | Right to receive timely payments from the PHA. |
| Make reasonable accommodations for tenants with disabilities. | Right to inspect the property regularly. |
| Maintain the property in good condition and make necessary repairs. | Right to terminate the HAP contract if the tenant violates the terms of the contract or the landlord is unable to comply with the terms of the contract. |
| Comply with all local, state, and federal laws and regulations. | |
| Allow Section 8 inspectors to access the property for inspections. | |
| Provide tenants with written notice of any rent increases or lease terminations. |
Tenant Rights under Section 8
Section 8, officially known as the Housing Choice Voucher Program, is a federal program that provides rental assistance to low-income families, seniors, and disabled individuals. The program is administered by the U.S. Department of Housing and Urban Development (HUD) and is available to eligible families in all states, including Illinois.
Under Section 8, participating landlords agree to rent their units to eligible families at a rate that is below the market rate. The difference between the market rate and the rent paid by the family is subsidized by the government. This allows families to afford safe and habitable housing that they might not otherwise be able to afford.
- Right to Fair Housing: Section 8 tenants have the right to fair housing, which means they cannot be discriminated against based on race, color, religion, national origin, sex, familial status, or disability.
- Right to Quality Housing: Section 8 tenants have the right to live in housing units that meet certain minimum standards of health and safety.
- Right to Privacy: Section 8 tenants have the right to privacy, which means that their landlords cannot enter their units without permission or notice (except in emergencies).
Legal Remedies
If a landlord refuses to rent to a Section 8 tenant or violates their rights, the tenant may have several legal remedies available to them:
- File a Complaint with HUD: Tenants can file a complaint with HUD if they believe they have been discriminated against or if their landlord has violated their rights.
- File a Lawsuit: Tenants can also file a lawsuit against their landlord in state or federal court.
- Contact a Fair Housing Organization: Tenants can also contact a fair housing organization for assistance in resolving disputes with their landlord.
Option Advantages Disadvantages File a Complaint with HUD - HUD has the authority to investigate complaints and take action against landlords who violate the law.
- HUD can provide mediation services to help resolve disputes between landlords and tenants.
- The HUD complaint process can be lengthy.
- HUD may not be able to resolve all disputes between landlords and tenants.
File a Lawsuit - Tenants can seek monetary damages and other relief in a lawsuit.
- Lawsuits can be used to set legal precedents that protect the rights of all Section 8 tenants.
- Lawsuits can be expensive and time-consuming.
- Tenants may have difficulty finding an attorney who is willing to take their case.
Contact a Fair Housing Organization - Fair housing organizations can provide tenants with information about their rights and help them resolve disputes with their landlords.
- Fair housing organizations can also provide legal assistance to tenants who are unable to afford an attorney.
- Fair housing organizations may not be able to resolve all disputes between landlords and tenants.
- Fair housing organizations may have limited resources.
Illinois Human Rights Act
In Illinois, landlords are prohibited from discriminating against tenants based on their source of income, including Section 8 vouchers. This is in accordance with the Illinois Human Rights Act (IHRA), which protects individuals from discrimination in housing, employment, and other areas.
Covered Individuals
- Tenants
- Applicants of housing
Prohibited Actions
- Refusing to rent or lease a property to an individual based on their source of income, including Section 8 vouchers.
- Offering different terms or conditions of tenancy based on the source of income
- Advertising a property with discriminatory statements or imagery
- Harassing or retaliating against a tenant who exercises their rights under the IHRA
Remedies
Individuals who believe they have been discriminated against based on their source of income may file a complaint with the Illinois Department of Human Rights (IDHR). If the IDHR finds that discrimination has occurred, they may order the landlord to take corrective action, such as:
- Offering the housing unit to the discriminated individual
- Paying damages to the individual
- Changing their policies and practices to prevent future discrimination
Other Relevant Laws
In addition to the IHRA, there are other federal and state laws that protect tenants from discrimination. These include:
- The Fair Housing Act (FHA)
- The Americans with Disabilities Act (ADA)
- The Illinois Human Rights Act (IHRA)
Examples of Discriminatory Acts Discriminatory Act Explanation Refusing to rent to a tenant because they have a Section 8 voucher This is a clear violation of the IHRA, as it discriminates against the tenant based on their source of income. Offering a different lease term to a tenant with a Section 8 voucher This is also a violation of the IHRA, as it offers different terms and conditions of tenancy based on the source of income. Advertising a property with a statement that says “No Section 8 tenants” This is a clear example of discriminatory advertising, which is prohibited by the IHRA. Harassing a tenant because they have a Section 8 voucher This is a form of retaliation, which is also prohibited by the IHRA. And there you have it, folks! Now you know all about a landlord’s ability to refuse Section 8 housing vouchers in Illinois. I hope this article has been helpful in shedding some light on this complex issue. If you have any further questions or concerns, please don’t hesitate to reach out to a qualified professional for guidance. Thanks for reading, and I hope you’ll come back again soon for more informative content just like this!