New Year, New Laws for 2023

Writen by Betsy Urbance |

Published: December 21, 2022

Several real estate-related laws went into effect on Jan. 1, 2023.

For the most up-to-date information on legislation and regulations REALTORS® need to know, see the following Illinois REALTORS® resources to make sure you are fully informed for this new year.

“Source of Income” NOW a protected class

It is important to note that “source of income” (SOI) has been added to the Illinois Human Rights Act as a protected class. This means that a housing provider must not limit or deny housing to a rental applicant or purchaser based on the applicant’s “lawful source of income.” Lawful sources of income can include W-2 wage payments, commissions, alimony, child support, veteran benefits, social security payments and housing choice vouchers (aka Section 8 subsidies).

Illinois REALTORS® has collected resources to help guide members and housing providers as “source of income” is now a protected class:

Updates to the state smoke detector mandate

Another important issue comes from a law passed in 2017, but through Illinois REALTORS® advocacy efforts had a delayed effective date of Jan. 1, 2023. It involves smoke detectors in homes. The updated mandate requires residential smoke detectors to feature a non-removable, self-contained long-term battery. These smoke detectors must replace those that are older than 10 years or that are no longer functioning. Detectors that are hardwired to a home’s AC power line are still allowed under this statute.

  • New provisions require that “the battery is a self-contained, non-removable, long-term battery.” Read more.

Renovations when the property contains lead-based paint

Finally, on the federal landscape there has been a change regarding renovations when the property contains lead-based paint. The U.S. Environmental Protection Agency updated its frequently asked questions section surrounding renovation of properties containing lead-based paint. This will affect those engaged in property management.

About the writer: Elizabeth A. (Betsy) Urbance, General Counsel and Vice President of Legal Services has served the association’s members as General Counsel since 2018 and prior to that she was Legal Hotline Attorney since 1994. Urbance is a 1984 graduate of Western Illinois University and received her law degree from the University of Missouri School of Law in 1987. She is licensed in both Illinois and Missouri.

Your Illinois REALTORS® Legal Team