Q: I heard that we cannot use credit scores when screening rental applicants. Is that true?

A: No, that is not true. As you already know, source of income was added as a protected class to the Illinois Human Rights Act (IHRA) as of Jan. 1, 2023. Source of income is defined under the IHRA as “the lawful manner by which an individual supports himself or herself and his or her dependents.” However, keep in mind that requesting a certain credit score may have the unintended effect of discriminating against a protected class under the IHRA. If an applicant does not have a credit score, a procedure should be in place to determine the credit worthiness of the applicant by alternate means. For example, you could request references from the applicant’s prior landlord, proof of rental payment history and/or consistent utility payments.

Q: May a landlord charge an extra $20 a month in rent to a tenant with an emotional support animal as a way to cover any damages that the animal may cause?

A: No. The Illinois Assistance Animal Integrity Act expressly prohibits a landlord from charging a tenant a pet-related deposit, pet fee, or related pet assessment in connection with their emotional support animal. Emotional support animals are not considered pets under the Act. However, landlords may require the tenant to cover the costs of any repairs or damages the animal would cause to the unit or common areas (reasonable wear and tear excepted) in the same manner it would for any other resident, typically upon or after termination of the lease.

What if the tenant, in addition to having an emotional support animal ALSO has a pet that is NOT an emotional support animal? May a landlord charge a pet deposit for this second animal that the tenant refers to as a pet? Yes, those pet policies would apply if the animal is confirmed to be a pet and is not an emotional support animal. Be wary that the landlord doesn’t charge a higher pet deposit or security deposit as a ‘back door’ to collect additional fees for the emotional support animal.

Q: A landlord is asking me to find him a family to rent to (two adults with three kids) instead of the five unrelated adults that have applied. May I do this?

A: Review your screening policy. Do these applicants otherwise qualify for the unit? Your landlord could be running into a possible violation of the Illinois Human Rights Act by discriminating against these single adult applicants based on their marital status or any other protected class. In other words, displaying a preference for one class or type of tenants could lead to a claim of discrimination against those in other protected groups. When advertising a property to rent, sticking to the description of the unit is better than using a description of the ideal tenants.

Q: The landlord needs to provide his tenant with a wheelchair ramp for his rental unit, which he is happy to do. However, the landlord has been unable to find anyone to build and install the ramp and is worried that a fair housing complaint will be filed over this matter. What should the landlord do?

A: Keep the tenant updated with your attempts to get the ramp installed. The landlord may want to reach out to the local HUD/Fair Housing office for resources. Independent living organizations, local and state governments, and various not-for-profit groups may offer programs to help provide and/or install the wheelchair ramp.

The Illinois Department of Human Rights provides a guidebook covering reasonable modifications that may be of interest to our members. Download the guidebook here.

For additional resources concerning Fair Housing, click here.

The Winter Business Meetings provided attendees with the opportunity to hear firsthand about the application process for housing choice voucher recipients from both the viewpoint of the housing provider and the local housing authority. The housing provider and the housing authority shared their experiences and the benefits of the housing choice voucher program. Watch the presentation.

About the writer: Victoria Munson is the Illinois REALTORS® Legal Hotline Attorney.