Understanding Discrimination: Fair Housing Ordinance and Source of Income Discrimination
The Cook County Human Rights Ordinance prohibits discrimination against people based on their legal source of income, such as the use of a housing voucher. The Ordinance applies to all housing units in Cook County, regardless of building size or owner occupancy.
What is considered income?
Legal, verifiable income includes the use of:
- Child support
- Alimony
- TANF or Public Aid
- Food Stamps
- SSI Benefits
- Unemployment Compensation
- Housing Choice Vouchers (Section 8)
- Emergency Rental Assistance
The Ordinance prohibits discrimination like:
- Refuse to rent or sell to an otherwise qualified person because that person would use a Section 8 voucher to support the rent or purchase price.
- Refuse to cooperate with minor administrative requirements of the Section 8 voucher program, such as completing routine paperwork and allowing inspection of the property.
- Make any written communication expressing a limitation in the sale or rental of a housing unit based on source of income, such as “No Section 8,” “Not Section 8 approved,” or “Not set up for Section 8.”
- Charges a voucher holder different rent amount or extra fees
- Says the apartment is rented or not available (but it is a lie)
- Landlord won't make repairs or upgrades that other renters get
- Requires a voucher holder to have an income three times the total rent amount
A property owner or agent may apply reasonable tenant selection criteria and tenancy rules. However, rules and practices must treat all prospective and actual tenants equally, and may not disparately impact voucher holders without proof of business necessity. There is no requirement to hold a rental unit for a voucher holder if another qualified applicant is ready to rent.
When can a landlord deny a housing application from a voucher holder?
Landlords can deny an application if the applicant does not meet their income guidelines.
However, the minimum income requirement must be based off the tenant's portion of rent.
What options are available if a tenant has experienced discrimination based off their source of income?
- Sue the landlord. A tenant may get a court order telling the landlord to stop discriminatory practices and claim damages and attorney fees.
- A person who claims source of income discrimination or other prohibited discrimination in the sale or rental of housing in Cook County may file a complaint at the Cook County Commission on Human Rights. The Commission may also initiate a complaint. The Commission investigates and rules on each complaint through a neutral process which gives complainants and respondents the opportunity to present evidence and legal arguments to support their position.
- Get legal assistance
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.