Illinois protects more traits than federal law in housing, including source of income, immigration status and arrest records. Cook County adds a two-step process that keeps criminal history out of the picture until an applicant prequalifies.
What can you ask a prospect on the first call or message?
Ask about the unit, the timing and your written criteria, the same way for everyone.
Questions that are fine on first contact:
- When do you want to move in, and for how long?
- How many people will live in the unit? Reasonable occupancy limits are allowed (42 U.S.C. 3607).
- Do you have pets? An assistance animal for a person with a disability is not a pet, and refusing a reasonable accommodation is unlawful (24 CFR 100.204).
- What is your monthly income, and would you like to see our screening criteria?
The Illinois Department of Human Rights (IDHR) says you may ask about income sources only to judge ability to pay and verify the information, but may not prefer one source over another (IDHR source of income FAQ).
In Cook County, leave criminal history out of the first conversation: no one may ask about, consider or require disclosure of covered criminal history, other than current sex offender registration, until prequalification is complete (Cook County rules, Part 700).
What should you never ask?
In housing, the Illinois Human Rights Act covers race, color, ancestry, national origin, disability, religion, sex, sexual orientation (including gender identity), age (40 and over), marital status, pregnancy, reproductive health decisions, military status, unfavorable military discharge, order of protection status, arrest record, familial status, immigration status and source of income (IDHR housing rights). These sit on top of the federal classes (42 U.S.C. 3604).
Questions to keep off every call, text and form:
- “Are you a citizen?” You may ask about immigration status only where state or federal law requires it, and then every applicant gets the same questions (IDHR immigration status FAQ).
- “Have you ever been arrested?” Arrest record covers arrests that did not lead to a conviction, juvenile records, and records ordered expunged, sealed or impounded (IDHR and Human Rights Commission).
- “Do you have kids?” or “Are you expecting?” Familial status protection covers anyone who is pregnant (42 U.S.C. 3602(k)).
- “Do you have a disability?” Federal rules ban asking whether an applicant has a disability or how severe it is (24 CFR 100.202(c)).
- “Is that Section 8? We don’t take programs.” IDHR treats statements like this as discriminatory.
- In Cook County, a criminal background checkbox, which the county says landlords can no longer include (Cook County FAQ for landlords).
Is source of income protected in Illinois?
Yes. Since January 2023, the Human Rights Act has covered source of income in housing: the lawful way a person supports themselves and their dependents (IDHR source of income FAQ). It includes wages, Housing Choice Vouchers and other housing assistance, child support, retirement income, veterans benefits, SSI and SSDI.
According to IDHR:
- You may not refuse applicants with a housing subsidy, or charge subsidized tenants different fees.
- A minimum income standard may use only the tenant’s portion of the rent. In IDHR’s example, a $2,000 unit, a 3x income rule and a $1,500 subsidy mean you may require 3 × $500 = $1,500 a month of non-subsidized income.
- You may require proof of income, but must accept proof of benefits or a voucher the same way as pay stubs.
- Rejecting tenants whose subsidy covers 100% of the rent for missing a minimum credit score may create liability.
Cook County’s Human Rights Ordinance also lists source of income (Cook County rules, Part 700).
What can the rental application ask for?
The application can ask for identity details, rental history, employment and income, and consent to a credit and background check, applied equally to all applicants (IDHR immigration status FAQ).
Do not screen out applicants who have no Social Security number. IDHR lists alternatives you can accept: driver’s licenses, state or municipal IDs, consular IDs, passports and individual taxpayer identification numbers (ITINs). It also warns against refusing applicants whose immigration status has an expiration date, or charging them higher fees or deposits.
In Cook County, before taking an application fee, give the applicant your tenant selection criteria, notice of their right to dispute their conviction history and offer evidence of rehabilitation, and a copy of Part 700 or a link to the Commission’s website with its address, email and phone number (Part 700, section 730.100).
Can you check credit, criminal and eviction history?
Yes, once the applicant has applied and authorized it. If a consumer report contributes to a denial, a co-signer requirement, a larger deposit or higher rent, send an adverse action notice naming the reporting company and explaining the right to a free report within 60 days and to dispute (FTC). Screening companies may not report civil suits or civil judgments, such as evictions, more than seven years old, unless the statute of limitations runs longer (15 U.S.C. 1681c).
In Cook County, the Just Housing Amendment adds a two-step process (Cook County; Part 700):
- Prequalify the applicant on everything else, such as income, rental history and credit, then tell them a criminal background check will follow.
- Run the check, leaving out arrests without a conviction and convictions more than three years old.
- Give the applicant a copy within five days. They then have five business days to dispute it or offer evidence of rehabilitation.
- Before denying over a conviction from the past three years, do an individualized assessment of factors such as the offense, its timing, the applicant’s age then, rehabilitation and tenant history, and deny only for a demonstrable risk to safety or property. Current sex offender registration and child sex offender residency restrictions need no assessment.
- Decide within three business days of receiving the applicant’s evidence. A denial based on a conviction must be in writing, explain why it is needed to protect against that risk, and mention the right to complain to the Commission.
You need not hold the unit off the market during a dispute, and ads cannot say “no felons” or “no criminal history” (Cook County FAQ for landlords).
What are the rules on application fees and deposits?
IDHR says fees may not differ by source of income or immigration status, and in Cook County the disclosures above come first. For deposits, the Attorney General says there is no legal limit on the amount (Illinois Attorney General):
- Buildings or complexes of 25 or more units owe interest on deposits held at least six months, paid or credited every 12 months.
- With five or more units, return the deposit within 45 days of move-out, or give an itemized statement of damages with paid receipts within 30 days to keep any part.
- Violating the return rules can cost twice the deposit, plus court costs and attorney’s fees.
At a glance
| Rule | Illinois | Source |
|---|---|---|
| Source-of-income protection | Since January 2023, vouchers included; income tests on the tenant’s share | IDHR |
| Immigration status | Ask only where the law requires it; accept ITINs and other IDs | IDHR |
| Arrest records | Protected, including juvenile, sealed and expunged records | IDHR |
| Criminal history in Cook County | After prequalification; last 3 years; copy in 5 days; 5 business days to dispute | Part 700 |
| Application fee | No different fees by source of income; Cook County disclosures first | IDHR, Part 700 |
| Security deposit | No legal limit; 45-day return with 5 or more units | Illinois Attorney General |