Fair Housing and Discrimination Because of Sex

Federal, state, and local laws protect LGBTQ individuals and families from discrimination. Fair housing laws are in place to protect tenants from discrimination based on actual or perceived sex, sexual orientation, or gender identity.

What do the laws say?

• Federal Fair Housing Act: Housing provider can't discriminate because of sex. This includes actual or perceived sexual orientation or gender identify.
• Illinois Human Rights Act: Housing provider can't discriminate because of sex, sexual orientation, and gender identity. (775 ILCS 5/3).
• Cook County Human Rights Ordinance: Housing provider can't discriminate because of real or perceived gender identity or sexual orientation. This includes sexual harassment.
• Some housing providers don't need to follow the fair housing laws if they are part of the "Mrs. Murphy exemption."
  • If a single dwelling has 4 units or fewer and the owner lives in one, the entire home is exempt.
  • But, the landlord's advertisements still need to follow fair housing laws.
  • And, the landlord cannot discriminate based on race no matter what.

Fair Housing law prohibits the following acts:

• A realtor refuses to show houses listed for sale to a potential buyer because the buyer is transgender.
• A housing provider refuses to rent a house to a same sex couple because of their “family composition”.
• A maintenance worker employed by a housing provider harasses a female tenant because she is a lesbian.  If the housing provider doesn't stop the harassment after the tenant makes a report, that can be discrimination too.
• The landlord evicts a tenant because the tenant identifies as bisexual.
• A same-sex couple asks a realtor to see rental units throughout the city. But, the realtor only shows rental units in a part of the city known for having many LGBTQ residents.
• A building manager won't do repairs for a tenant because he saw the tenant's teenage daughter holding hands with a girl. He insists the tenant should handle the repairs themselves.
• The leasing manager at a 55+ community rejected a male tenant’s request to add his same-sex partner to his lease. The manager writes that the community only accepts married couples in unions between “one man and one woman."
• The landlord denies housing because of actual or perceived HIV/AIDS status.
• A housing provider refuses to rent to an otherwise qualified LGBTQ family with children under age 18.