Fair Housing Protected Classes in Illinois 2026
Federal Fair Housing Act baseline plus Illinois-specific additions under 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act).
Source of Income, Section 8 / HCV Status in Illinois
Illinois is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.
All 18 Protected Classes in Illinois
Federal classes apply uniformly. The classes shaded green below are Illinois-specific additions under 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act).
Recent Illinois Statutory Activity
HB 2775 (2022) added source of income statewide effective 2023.
If you rent property in Illinois, start with the rule that trips up the most landlords: you cannot refuse an applicant simply because they pay rent with a Section 8 Housing Choice Voucher. Source of income is a protected class statewide here, not just in Chicago or Cook County. A blanket "no vouchers," "no Section 8," or "income must come from employment" policy is unlawful discrimination across all of Illinois. The governing law is the Illinois Human Rights Act, 775 ILCS 5/3-101 et seq., and the agency that enforces it is the Illinois Department of Human Rights.
That statute goes well beyond the seven federal protected classes, sweeping in characteristics many owners do not realize are covered. Below we name every class Illinois adds, walk through the recent source-of-income change, and flag the screening and advertising habits most likely to draw a complaint. With average rent around $1,021, voucher tenants are a meaningful share of the applicant pool you legally must consider.
What Illinois Protects Beyond Federal Law
The seven federal Fair Housing Act classes, race, color, national origin, religion, sex, familial status, and disability, are the floor, not the ceiling. The Illinois Human Rights Act adds a notably long list on top: sexual orientation, gender identity, marital status, military status, ancestry, age (40 and over), order of protection status, source of income (including the Housing Choice Voucher), pregnancy, arrest record, and citizenship status.
Several of these surprise small owners. Arrest record means you cannot reject an applicant over an arrest that did not lead to a conviction. Order of protection status shields domestic-violence survivors. Age (40+) and citizenship status are full protected classes here. Treat the federal seven as the bare minimum and screen against the full Illinois list.
The Source-of-Income Rule and Section 8
The most consequential recent change came from HB 2775 (2022), which added source of income statewide effective 2023. Before that, voucher protection in Illinois was a patchwork of local ordinances; now it applies everywhere in the state.
In practice, refusing to rent to a tenant because they hold a Section 8 / Housing Choice Voucher is unlawful. You may still apply consistent, income-neutral standards, verifying ability to pay the tenant's portion, checking landlord references, running the same background criteria, but you must count the voucher as legitimate income and evaluate the applicant on the same terms as anyone else. You cannot quote a higher rent, demand a larger deposit, or steer voucher holders to specific units. The voucher itself can never be the reason for a denial.
Screening and Advertising Traps
Most Illinois complaints come from sloppy language, not open hostility. Watch your listings: phrases like "no Section 8," "working professionals only," "no children," "ideal for a single person," or "must show pay stubs" can each map onto a protected class, source of income, familial status, or marital status. Income-multiplier rules ("must earn 3x the rent") are a frequent trap because they often screen out voucher holders whose rent is subsidized; apply the multiplier only to the tenant's actual out-of-pocket portion.
Apply one written set of criteria to every applicant in the same order, and keep records of why each decision was made. Inconsistent screening is what turns an honest mistake into an Illinois Department of Human Rights investigation.
The Cost of a Fair-Housing Violation
City-Level Eviction Risk in Illinois
Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
- Illinois fair-housing statute: 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act).
- Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for Illinois.
- Recent statutory activity: HB 2775 (2022) added source of income statewide effective 2023.
Related Guides for Illinois Landlords
This page summarizes the Illinois Human Rights Act (775 ILCS 5/3-101 et seq.), enforced by the Illinois Department of Human Rights, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is informational and not legal advice; consult a qualified attorney or the Illinois Department of Human Rights for guidance on a specific situation. Last reviewed June 2026.
Frequently Asked Questions
Can a landlord refuse Section 8 in Illinois?
No. Source of income, which includes the Section 8 Housing Choice Voucher, is a protected class statewide under the Illinois Human Rights Act. A landlord cannot refuse an applicant, charge more, or impose different terms simply because they intend to pay rent with a voucher. You may still apply consistent, income-neutral screening standards, but the voucher itself can never be the basis for denial.
How many protected classes does Illinois have?
Illinois protects the seven federal classes (race, color, national origin, religion, sex, familial status, and disability) plus eleven more under the Illinois Human Rights Act: sexual orientation, gender identity, marital status, military status, ancestry, age (40+), order of protection status, source of income (including HCV), pregnancy, arrest record, and citizenship status. That is a far broader list than federal law alone.
Are sexual orientation and gender identity protected in Illinois housing?
Yes. Both sexual orientation and gender identity are expressly named protected classes under the Illinois Human Rights Act. They are also covered federally: since 2021, HUD has read the Fair Housing Act's ban on sex discrimination to include sexual orientation and gender identity following the Bostock decision. In Illinois you are covered by both the state statute and the federal interpretation.
How is fair housing enforced in Illinois, and what are the penalties?
The Illinois Department of Human Rights enforces the Illinois Human Rights Act and investigates housing discrimination complaints. Violations can lead to state remedies and, where federal law also applies, federal civil penalties, damages, and attorney's fees. Because the same conduct often violates both state and federal law, a single discriminatory ad or denial can expose a landlord to action on two fronts.
Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Illinois attorney before making a screening, denial, or eviction decision.