National Fair Housing Month | FAQs
April marks National Fair Housing Month, which commemorates the Fair Housing Act signed into law by President Lyndon B. Johnson on April 11, 1968. This pivotal piece of legislation made it illegal to discriminate in housing transactions based on race, color, national origin, religion, sex (including gender identity and sexual orientation), disability, and familial status. To learn more about the Fair Housing Act, check out some of the most commonly asked questions and their answers below.
What is Equal Opportunity Housing?
Equal Opportunity Housing encompasses the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act, as well as state and local laws.
Fair Housing Act: The Fair Housing Act, which became federal law in 1968, prohibits discrimination in the sale, lease, or rental of housing, as well as in the provision of housing services, on the basis of race, color, national origin, religion, sex, disability, or familial status.
Americans with Disabilities Act: The 1990 law includes Title III, which makes it illegal to discriminate against people with disabilities in places that are open to the public or in commercial facilities.
Equal Credit Opportunity Act: In 1974, a law was enacted that prohibits discrimination based on race, color, religion, national origin, sex, marital status, age, or the fact that an applicant's income comes from a public assistance program in any aspect of a credit application.
State and Local Laws: Be sure to check local guidelines as there are state and local laws prohibiting discrimination against additional classes not covered by federal law.
The Illinois Human Rights Act prohibits discrimination in Illinois on the basis of various factors, including race, color, religion, sex, national origin, ancestry, military status, age, order of protection status, marital status, sexual orientation, pregnancy, and physical and mental disability. Effective Jan. 1, 2023, "Source of Income" will be added as an additional protected class. In Chicago and Cook County, Section 8 voucher holders are protected under the city and county human rights ordinances. The Chicago Human Rights Ordinance's Just Housing Amendment limits housing discrimination by setting restrictions on the consideration of an applicant's criminal history during the rental application process. Some cities, such as Naperville and Champaign, have their own local ordinances that provide additional protections beyond the state-level laws. For more information on these topics, visit www.IllinoisRealtors.org/JustHousing.
How Does the REALTOR® Code of Ethics Address Fair Housing?
Article 10 of the REALTOR® Code of Ethics prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, and gender identity in the provision of professional services. The article also forbids REALTORS® from participating in any plan or agreement that involves discriminatory practices. In addition, the article mandates that REALTORS® do not discriminate against anyone in their employment practices.
Although it goes beyond the scope of Fair Housing, it's worth mentioning that a new Standard of Practice was added to the REALTOR® Code of Ethics in 2021 to address discriminatory hate speech in all REALTOR® activities. Standard of Practice 10-5 states that REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on any of the protected classes. You can find more information about this addition to the 2022 Code of Ethics and Standards of Practice on the REALTOR® website.
Does the Fair Housing Act Protect Service and Emotional Support Animals?
Illinois REALTORS® are frequently asked whether a landlord can deny housing to a tenant with a service or emotional support animal, to which the answer is generally no. However, the Illinois Assistance Animal Integrity Act provides definitions and guidelines for accommodating assistance animals. Housing providers may request reliable documentation to support the need for an assistance animal, and may deny the request if it poses an undue financial burden or poses a threat to others. Acceptable documentation is described in the Act, and housing providers are allowed to balance the needs of the person seeking the assistance animal with the needs of other residents. The Act also protects housing providers from liability for injuries caused by a person's assistance animal.
Read more about Fair Housing and service or emotional support animals here.
Download the Reasonable Accommodations and Modifications: A Guide for Housing Professionals to learn about required adaptations in housing for people with disabilities and their families. The guidebook, created in 2018 to mark the 50th anniversary of the Fair Housing Act, aims to eliminate discrimination, promote economic opportunity, and foster diverse and inclusive communities.
Want to learn more?
Read the full illinoisrealtors.org article below.