Survivor Housing FAQ: What Options are Available When the Landlord Denies Housing Because the Tenant Has an Order of Protection?

In Illinois, it’s illegal for housing providers to discriminate, harass, or retaliate against individuals because they have an order of protection. A housing provider cannot refuse to rent to a tenant, neglect repairs, or charge extra fees simply because a tenant has an order of protection.

Tenants in subsidized and public housing have extra protections through the Violence Against Women Act (VAWA). These protections prevent housing providers from denying tenants housing due to domestic violence, dating violence, sexual assault, or stalking.

If a housing provider denies an application because of an order of protection, a tenant can ask and confirm the reason for denial. The tenant can ask the housing provider to reconsider their decision based on the anti-discrimination protections in Illinois law (and VAWA if applicable). If the housing provider still refuses because of the order of protection, a tenant can has several options: 

  • File a complaint with the Illinois Department of Human Rights within 300 days of experiencing discrimination.
  • File a complaint with HUD
  • It may also be possible to file a complaint in court, so tenants can consult with an attorney to explore options.

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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