Frequently Asked Questions

Under the Fair Housing Act (FHA), a “dwelling” refers to any building or structure, or part of one, that is used or intended to be used as a residence by one or more families. This includes houses, apartments, dormitories, condos, mobile home parks, vacant land, and other types of residential property. 

Some housing such as extended stay hotels and shelters may also be covered by the FHA. Whether they are considered covered “dwellings” under the FHA will depend on whether the hotel or shelter is treated as a home by the occupant, the length of time they spend there and whether they have somewhere else to go.^[10]

We can provide you with information regarding your rights and responsibilities related to your housing matter and counsel you on your options. If we find that your housing matter may involve discrimination, our team of seasoned civil rights investigators will conduct an investigation. If your housing matter does not involve discrimination, we can provide you with helpful referrals. HOPE’s complaint & investigative services are FREE OF CHARGE for everyone who needs our assistance. 

If you feel you are being treated unfairly, here are some options: 

1. Submit a HOPE intake: Use the form to submit an intake related to your experience of housing discrimination. 
2. Call HOPE Fair Housing Center at (630) 690-6500 
3. File a report with the U.S Department of Housing and Urban Development (HUD) online or call their intake hotline at 800-669-9777. 
4. File a housing charge of discrimination with Illinois Department of Human Rights (IDHR).  
5. To report a suspected violation of the Just Housing Amendment (JHA) in Cook County, file a complaint with the Cook County Commission on Human Rights. 

HOPE is also proud to share self-advocacy guides on the fair housing topics of eviction, home appraisal, arrest and conviction record, and source of income.

The U.S. Department of Housing and Urban Development (HUD) defines a reasonable accommodation as a change to rules, policies, or services that helps a person with a disability use and enjoy their home. This could include things like reserving an accessible parking space, providing documents in larger fonts or in electronic format, or allowing a resident to have an assistance animal in a “no-pets” building. 

These accommodations usually don’t cost anything, but if there are costs, the housing provider generally covers them. The provider can’t charge a fee or deposit for making the accommodation.^[5]

The U.S. Department of Housing and Urban Development (HUD) defines a reasonable modification as a structural change made to a home or building to allow a person with a disability to fully enjoy the space.^[5] These modifications can include changes to the inside and outside of the home, as well as common areas. Examples can look like adding a ramp, widening doorways to accommodate a mobility aid, or installing grab bars in a bathroom. 

Typically, the resident pays for the modification. However, if the housing provider receives federal financial assistance, they must pay for the modification under Section 504 of the Rehabilitation Act, unless it would cause an undue administrative and financial burden. 

The Fair Housing Act does not require requests for accommodation or modifications to be made in a specific way or at a certain time. A person with a disability does not have to make the request themselves; a family member or someone acting on their behalf can do so.

Requests can be made orally, in writing, or using a form, but there is no required form or special language, such as mentioning “reasonable accommodation” or “reasonable modification.”^[5] A request should, however, provide information that sufficiently conveys that you have a disability, the specific modification or accommodation you are requesting, and the connection between your disability related needs and the request.

If you request a reasonable accommodation or modification, your housing provider can ask for information to better understand why it’s needed due to your disability. If your disability is clearly visible or known, the housing provider cannot ask for additional documentation. For example, if you are requesting an accommodation for an accessible parking space and your disability-related need is apparent (such as using a wheelchair), no further proof is needed.^[5] However, if the disability is not apparent, the provider may request information to verify that you have a disability and the connection between your disability related needs and the requested modification, like a letter from a doctor or other reliable source. This verification can come from a doctor or other healthcare professional, a peer support group, a non-medical service organization, or any other reliable third party who knows about your disability and how the request is necessary because of your disability. Your housing provider should not ask for your medical records.^[18]

Any information that you provide to your housing provider related to your reasonable accommodation request and medical information is strictly confidential. They cannot share it with anyone else.^[5]

An assistance animal is an animal that helps a person with a disability by performing tasks or providing emotional support to ease the effects of their disability.

While “assistance animal” is often used to describe both service animals and emotional support animals, they are not the
same.^[16]

Under the Americans with Disabilities Act, a service animal is a dog, of any breed or size, trained to perform specific tasks for someone with a disability, like picking up items, providing aid during a seizure, guiding those who are vision impaired, or reminding a person to take medication. They are working animals and cannot be considered pets. The key difference between a service animal and other types of animals, like therapy or emotional support animals, is that service animals are specifically trained to perform tasks directly related to the person’s disability.^[20]

According to the U.S Department of Housing and Urban Development, an emotional support animal is an animal that helps reduce the symptoms of a person’s disability, such as loneliness, depression, anxiety, or fears.^[1] Unlike service animals, they are not trained to perform specific tasks. Emotional support animals that aren’t considered service animals under the ADA can still be allowed as reasonable accommodations under the FHA and do not require any specific certification. Emotional support animals can be any type of animal, not just dogs, and the person must have a disability-related need for the animal.^[1]

Yes, housing providers are required to make an exception to a “no pets” policy to permit a person with a disability to have an assistance animal, and cannot require them to pay pet fees, as an assistance animal is not a pet.^[16]

A housing provider usually cannot ask a tenant about their disability. However, if a tenant submits a reasonable accommodation request for an assistance animal and their disability isn’t apparent, the provider can ask how the request is connected to the disability and ask for documentation from a healthcare provider confirming both the disability and the need for the animal.^[9]

Yes, you can still ask for an accommodation. A housing provider cannot reject a request for accommodation just because of the animal’s breed. Before denying an assistance animal due to another resident’s allergy or fear, the housing provider must prove that the animal poses a direct threat to the resident, and that banning the animal is the only way to address it. This decision must be based on an individual assessment using factual evidence of the animal’s behavior, not just on speculation or fear of potential harm.^[5]

There is no specific limit to the number of assistance animals a person may need. However, when requesting an accommodation related to multiple assistance animals, you will still need to establish that you have a disability and disability-related need for the number of animals in question.^[15]

No. Additional fees or liability insurance cannot be applied or required for service animals or emotional support animals. Housing providers can, however, charge you for cost of damages caused by the animal.^[5]

A housing provider can deny a request for accommodation or modification if it’s not made by or for a person with a disability, or if it is not a disability-based request. The request can also be denied if it would cause major financial and/or administrative problems, or if it would change the nature of the housing provider’s program. Each request should be considered individually.

If a request is denied, the provider should discuss alternatives that meet the person’s needs and recognize that the person making the request knows their disability best.^[18]

Yes, your housing provider must follow accessibility requirements under fair housing law. According to HUD, all privately owned and publicly assisted housing with four or more units that was first occupied after March 13, 1991 is required to comply with the accessibility standards set forth by the Fair Housing Act, such as accessible entrances, accessible routes, usable doors, etc. A full list of accessibility requirements is available within the Fair Housing Act Design Manual.^[21]

Yes. HUD guidance generally considers a two-person-per-bedroom policy reasonable, but this can depend on factors like the unit’s size and layout.

Occupancy limits that are too strict (for example, stricter than local occupancy ordinances allow and/or that prevent or discourage families with children from living in a unit) could violate the Fair Housing Act.^[2]

No. If there are multiple units available on each floor, a housing provider cannot restrict you to a particular floor or unit. This could be considered different terms and conditions due to your familial status and may be a violation of the Federal Fair Housing Act. 

No. This could be considered different terms & conditions due to your familial status and may be a violation under the federal Fair Housing Act. 

You do not have to disclose your plans immediately to your housing provider.

If you are a renter, you should consult your housing provider’s policies or lease agreement to review whether and when you need to notify your housing provider about changes to the number of occupants. Communicating early about anticipated or actual changes to the number of occupants can be helpful to make sure there aren’t legitimate occupancy limit concerns. Similarly, if you utilize a Housing Choice Voucher, or other subsidy, you should contact your case manager to assess if the change in family size will have an impact on your assistance (you may be eligible for an increased unit size).^[3]

The Federal Fair Housing Act’s core prohibitions on differential treatment based on the protected class of “Sex” may cover survivors of domestic violence, due to the large representation of women who experience this type of violence.  There are additional laws that provide explicit protection to survivors, like the Violence Against Women Act (VAWA) and the IL Safe Homes Act. 

Although it has the term “Women” in the name, the protections of VAWA extend to all survivors of domestic and dating violence, sexual assault, or stalking. The housing protections of VAWA apply to applicants or participants of federally assisted housing programs. 

Under VAWA, you CANNOT be denied admission or assistance, be evicted, or have assistance terminated due to experienced or threatened violence.  

Additionally, survivors have a right to request an emergency transfer which allows them to transfer to a different available unit for their safety.  A person qualifies for an emergency transfer if they request it and reasonably believe there is a threat of imminent harm if they stay in their same unit, or if the person is a survivor of sexual assault that occurred on the premises in the last 90 days. Transfers can be to a different available unit or an external transfer to a different program or housing authority. 

Additionally, if someone in your home is being violent towards you, the housing provider may evict them and allow you to remain in the home.  

The Safe Homes Act

If you live in Illinois, The Safe Homes Act allows survivors of Domestic or Sexual Violence, including Dating Violence, Stalking, Child & Elder Abuse to end their lease early or change the locks. Tenants who use this law properly are not responsible for rent that comes due after they leave. This law applies to private rental housing and subsidized housing (including Housing Choice Vouchers), but not to public housing. Two hallmark protections of The Safe Homes Act are the rights of a survivor to request to change their locks or end their lease early, in situations where there is what is referred to as a credible imminent threat.^[12]

Ending The Lease Early 

To end a lease early, a tenant must give their landlord written notice of the threat either three days before or after they leave the home. Tenants must also remove their belongings and return the keys to show that they have given up the apartment. It’s advisable to have another adult accompany the tenant when delivering the notice or to send it via certified mail, keeping a copy for your records. Tenants who properly follow the law should not be responsible for any rent due after they leave the apartment. We recognize threats of violence require immediate action to protect your safety. As much as circumstances allow, if you plan to end your lease early it is recommended you speak with an attorney to ensure you complete your responsibilities and will not be required to pay unexpected costs related to a technicality.^[13]

Changing Your Locks 

Tenants under both written and oral leases can request a landlord to change the locks if they believe a tenant or a member of their household is facing an imminent threat of domestic or sexual violence at the home. In the case of a threat from someone who is not on the lease, the request must be accompanied by evidence such as medical, court, or police records, or a statement from a victim services organization. If the threat comes from someone listed on the lease, the request must include a court order, such as a plenary order of protection or a civil no-contact order, granting the tenant exclusive possession of the premises.  

Once the landlord receives the request and supporting evidence, they must change the locks or allow the tenant to do so within 48 hours. If the landlord changes the locks, they must provide a key to the tenant within 48 hours. The landlord may charge a reasonable fee for this service. If the landlord fails to act within 48 hours, the tenant may change the locks themselves and provide a key to the landlord.^[14]

There are over 145 local governments in Illinois with these types of programs and ordinances that are purported to fight crime and promote community safety.  These programs and ordinances can vary slightly from community to community but usually have some aspects in common, particularly that they might punish tenants and sometimes landlords by labeling a property a “nuisance” after a certain number of police calls or arrests. Landlords sometimes respond by evicting tenants, not renewing leases, or telling tenants not to call 911 to avoid fines. CFNOs may pose troubling fair housing issues for survivors of gender-based violence because it forces them to decide if they want to request emergency assistance at the risk of losing their housing. 

However, under Section 603 of the Violence Against Women Reauthorization Act of 2022, everyone—whether a tenant, landlord, guest or applicant—has the right to contact law enforcement or emergency services. It is illegal to penalize or threaten anyone for seeking emergency help or reporting criminal activity.^[19]

Housing providers should consider and allow you the opportunity to discuss things like:  

1. The nature and severity of the conviction
2. The amount of time that has passed. Any evidence of rehabilitation efforts
3. Any tenant history before and/or after the conviction

In many communities, individuals with conviction records, even those with an arrest record, face discrimination when applying for housing. This often makes it harder for them to find a safe, stable, and affordable place to live. If you live in or are seeking housing in Cook County, the Just Housing Amendment (JHA) to the Cook County Human Rights Ordinance addresses these issues and protects access to housing opportunities.^[8]

The JHA: 

1. Bans landlords from rejecting a housing application solely because of juvenile or adult arrest records or considering convictions more than 3 years old. 
2. Mandates that landlords conduct a thorough, individualized assessment of an applicant’s criminal history before making a decision to deny housing based on that history. 

For more information, learn more from the Just Housing Amendment FAQ page.^[7]

While there is no statewide or federal requirement regarding look back periods, they can often become discriminatory. For example, long lookback periods for convictions not relevant to housing and/or blanket bans with non-specific time limits with no consideration of individual circumstances. If you are applying for housing in Cook County, you are protected by the Just Housing Amendment. Under the JHA, convictions older than three years cannot be taken into account during this process.^[8]

The Illinois Human Rights Act defines Source of Income as the legal way a person supports themselves and their dependents. This includes housing subsidies like the Housing Choice Voucher (HCV, previously known as “Section 8”), which assists housing seekers in paying rent.  The law also protects against discrimination in sales, lending and other housing related services, not just for rental housing. Common sources of income protected under the Illinois Human Rights Act include: 

• Income from employment
• Housing Choice Vouchers (also known as Section 8)
• Federal, state, local, or private housing assistance
• Emergency housing assistance payments
• Spousal maintenance and child support
• Retirement income
• Veteran’s benefits
• Social Security retirement benefits
• Social Security Supplemental Security Income (SSI)
• Social Security Disability Insurance (SSDI)

The above is not a comprehensive list, as there are many types of income.^[4]

They cannot refuse to rent to you simply because of your status as a Housing Choice Voucher, instead they must treat all sources of income fairly. However, they are not required to rent to you. If you do not meet their eligibility criteria, and those criteria are not discriminatory, then they have the right to deny your application. Housing providers should consider all applicants and tenants equally, regardless of their source of income.^[4]

Yes, landlords in Illinois must accept a Housing Choice Voucher (HCV) from tenants already living in their unit and take reasonable steps necessary to meet the requirements of the program. For example, the landlord will need to schedule an inspection by the housing authority and complete basic paperwork. However, if the landlord is deemed by the housing authority to be unable to satisfy the requirements of the HCV program, then you may not be eligible to use your new voucher at your current address. For example, if you are living in a unit without a HCV, then receive a new HCV, if the landlord is unable to pass the housing inspection conducted by the Public Housing Authority you will not be able to use your voucher at that address and the landlord will not be able to receive payments through the voucher program.^[4]

HCV holders can refer to the Illinois Department of Human Rights FAQ page on Source of Income and housing choice vouchers for more information.^[4]

 Additionally, you can access our Source of Income Self-Advocacy Toolkit to access resources and a short educational video.  

Housing providers are able to impose a minimum income policy within reason. However, if you use a Housing Choice Voucher or receive a housing subsidy, under a minimum income policy, the housing provider can only apply the minimum income standard to the portion of the rent that you are directly responsible for. If you have a Housing Choice Voucher, the housing authority has already determined that you qualify to pay your portion of the rent. As an example, if the housing provider requires applicants to have a minimum monthly income of 3x the monthly rent amount, you are only responsible for providing proof of income 3x the amount of rent that is left after subtracting the amount paid by the Housing Choice Voucher.^[4]

For example, if a unit rents for $1,000 a month and the provider requires an income of 3x the rent ($3,000), but the tenant’s housing subsidy covers $700, the tenant only needs to show an income of $900 to cover their portion ($300) of the rent.  

Original rent: $1000 (original rent cost) – $700 (Housing Choice Voucher) = $300 (your portion of the rent) 

3x your portion of the rent amount: $300 x 3 = $900 

The provider can only require an income of $900 dollars a month, not $3,000.