Everyone deserves fair access to housing, yet discrimination continues to happen in Chicago and throughout Illinois. However, the Fair Housing Act guarantees certain rights, and an experienced Chicago civil rights lawyer can help if someone discriminates against you.
Basics of the Fair Housing Act
The Fair Housing Act became law in 1968 as part of the federal Civil Rights Act. The law prohibits landlords, sellers, or lenders from denying housing, imposing different terms, or unfairly limiting someone’s options when buying or renting a home because of their inherent traits. In particular, the act prohibits housing discrimination based on:
- Race
- Color
- National origin
- Religion
- Sex, including gender identity and sexual orientation
- Familial status
- Disability
Another key aspect of the Fair Housing Act is that it requires landlords and other housing providers to grant reasonable accommodations for people with disabilities or other conditions. Examples include allowing a service animal in a property with a no-pet policy, assigning a parking space close to an apartment for someone with mobility issues, or adjusting rent due dates to align with a tenant’s disability benefits. The Fair Housing Act requires landlords and housing providers to grant these requests when they are practical and do not cause an undue financial or administrative burden.
Common Forms of Housing Discrimination
Despite the existence of the Fair Housing Act and other state and federal civil rights laws, many people continue to experience housing discrimination. Common forms of housing discrimination include:
- Refusing to rent or sell: Some landlords or sellers may deny housing to someone because of their race, religion, or another protected trait, even when they meet all the qualifications for a sale or rental.
- Charging higher rent or fees: Property owners or landlords might demand a larger security deposit or increase rent for some tenants based on their national origin, gender, or family status.
- Denying loans or insurance: Lenders or insurers may reject applications or impose less favorable terms on borrowers because of their race, disability, or another protected class.
- Applying different lease terms: A landlord may enforce stricter rules, such as higher late fees or different maintenance standards, for one tenant compared to others because of bias.
- Retaliation and harassment: Housing providers sometimes harass people, raise rent, or threaten eviction after that person files a fair housing complaint or asks for reasonable accommodations.
Filing a Complaint With HUD or Illinois Civil Rights Agencies
The U.S. Department of Housing and Urban Development (HUD) is the federal agency that investigates housing discrimination complaints. You can file a housing discrimination complaint with HUD online, by phone, or by mail. HUD officials will review your information, contact you for details, and decide if your claim qualifies for investigation.
In Illinois, you also have the option to file with the Illinois Department of Human Rights. This agency investigates claims under state fair housing laws, which provide many of the same protections as federal law and may offer additional remedies.
Available Remedies for Victims of Housing Discrimination
Federal and state laws provide several options for relief when you experience housing discrimination. You can file a lawsuit and seek compensation for out-of-pocket costs such as extra moving expenses, lost deposits, or higher rent caused by discrimination. Your claim can also include compensation for emotional distress when discriminatory treatment causes stress or humiliation. In some cases, a housing provider must offer the home or loan they wrongfully denied you.
Courts and agencies can also order changes to housing policies or practices to prevent future violations. These remedies might include revising rental criteria, updating advertising, or providing fair housing training for staff. Courts and anti-discrimination agencies can also impose civil penalties against landlords, sellers, or lenders, which can deter repeat misconduct.
Contact Our Chicago Housing Discrimination Lawyers
Hale & Monaco has extensive experience with housing discrimination cases and can help you take legal action against a biased landlord, lender, or other entity. Our Chicago civil rights attorneys can also protect you from retaliation after you submit your claim. Call now or complete our contact form for a free consultation.