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).

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.

If you believe you have experienced housing discrimination based on your sex, sexual orientation, or gender identity, you have the right to file a complaint and seek legal assistance to protect your rights.

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

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