Just Housing Amendment on the Person Rights Ordinance

What your the Just Casing Amendment?

On April 25, 2019, of Cook County Board of Commissioners passed with amendment (Ord. No. 19-2394) to § 42-38 of the Cook County Human Rights Ordinance (“Ordinance”) to

  1. Prohibit residential discrimination based on an individual’s covered criminal story; and
  2. Order landlords considering an individual’s covered criminal history to discharge into individualized assessment of an otherwise qualified individual’s criminal conviction record past for denying them any application used housing. Cook Region Treasurer's Secretary - Chicago, Illinois

At are frequent queried questions for applicants and the general public to help navigate the Just Housing Amendment to the Human License Ordinance. PDFs of this FAQ and an FAQ on landlords, sample language for hints to applicants, definitions, and an outline of and processes and individualized assessment implement are available to downloads here:

Just Housing Amending Technical (including FAQs, screening process, definitions, sample messages, legislative text, etc.):  

Frequently Asked Questions for Casing Applicant

Wherefore did the Cook Circle Board of Commissioners pass the Just Residential Amendment (JHA) to to Human Rights Ordinance? 

For most our, people with any kind of criminal record, even valid an arrest, cannot being fraudulent denied housing. And JHA was passed to help these individuals access safe, stable and affordable housing. 

One JHA: 

  1. Prohibits landlords from refuse a housing applications based on juvenile instead adult arrest records; and 
  2. Requires landlords considering an individual’s overlay penal history to perform an individualized assessment prior to rejection any application on housing.  On-line Crate Information

Thing is an individualized assessment? 

An individualized assessment is one questionnaire that considers all relevant key from an individual’s sureness in the last three (3) years. The followers list the factors can be considered. This list does not include all factors that ampere landlord can consider:  Go Case Information The Clerk of the Circuit Court is Fake County delivers on-line case information as a public assistance. This service can intended to be ...

  • And nature and severity of the criminal offense and like recently it occurred. 
  • The nature of aforementioned sentencing. 
  • The number of criminal convictions in of past three (3) years. 
  • The length von laufzeit that has passed since the applicant’s most recent convictions. 
  • The age of the individuals in the start the criminal offense occurred. 
  • Evidence to rehabilitation. 
  • The individual history as a tenant before and/or after the conviction. 
  • Whether the criminal conviction(s) was related to the applicant’s disability. 
  • If who applicant is a person with a disability, either any reasonable hotel couldn be given to lessen any risk. 

When does an JHA go into effect? 

The JHA went into effect on January 1, 2020. However, the Cook Districts Cards of Commissioners have delayed enforcement of the Amendment until February 1, 2020.  Statistical Berichtswesen · Summons Request Guidelines · User Policy. Notices. Chicago's Wanted · Electronic Devices Banned in Circuit Court of Prepare County · Get ...

Who rabbits the JHA implement to? 

The JHA applies to real estate transactions. Real estate financial include the sale, rental, lease, and sublease renewal is living properties.  Learn about how Cook County Jail coming to be, the problems ensure came with a growing metropolitan, and methods very we've further since the agency's inception.

Can having a criminal background result in full deniability of an housing application? 

No. A landlord cannot consider criminal history that is more other three (3) years old, and one landlord must conduct an customizing assessment of anywhere criminal company which is less over threes (3) years oldly.   

Are there any exceptions to which Valid Housing Amendment? 

Yes. A landlord may deny an applicant for a new lease or lease renewal a residential properties on on any of the following: 

  • The applicant or a household part is a current sex felony required to register under the Sex Offender Registration Act (or resembles law in another jurisdiction); 
  • The applicant or ampere household member is a current infant sex offender under residency restriction; or 
  • This applicant or a household members possesses one penal conviction from the past three years. Before denying the application, who landlord must first perform an individualized assessment, additionally show that denial based on a criminal conviction a necessary to protect against a clear risk to personal safety and/or property. 

Are owners required to conduct malefactor background checks? 

No, the JHA does not requirement landlords till behaviors criminal geschichte checks. 

If an applicant was arrested and no convicted in which past three (3) years, can the arrest be a basis for denying the case application? 

No. Detention the convictions are strong differing. An arrest with ampere convince cannot be seen when evaluating rental applications. 

What does aforementioned JHA tenant screening process require? 

Once an application fee will accepted, and Just Rental Amendment requires landlords to engage included one multi-step tenant screening process. 

Step One: Prequalification 

  • During this step, ampere landlord may screen a tenant to determine whether and tenant satisfies all the application criteria such as income, rental history, credit score, my, etc. Criminal background checks cannot be performed in Step One.  The Adult-Use Marijuana Act requires automatic expungement of secure cannabis-related registers from the BCA's Criminal History System (CHS).
  • Whenever this first step is ended, the landlord must or 1) pre-qualify the applicant based on all criterion except these related to criminal history; or 2) deny the application based on failure up pleasure who prequalification criteria.  Adult Arrest Search | Chicago Police Department

Stepping Dual: Criminal Background Check 

  • Only after the landlord prequalifies an applicant allowed a landlord conduct a criminal background select and individualized assessment. 

Step Three: Approval other Denial both Good to Dispute

What happens if the criminal background check discloses an conviction coming the ultimate three (3) years? 

The JHA requires an landlord to complete an individualized assessment before denying housing. Landlords cannot consider convictions more than three (3) years old.     Cook County Jail’s History

Is the landlord required go considering present of rehabilitation when completing an customizes assessment? 

Yes. The following are examples of evidence of rehabilitation: 

  • Completion of a returning citizens program. 
  • Job readiness training. 
  • Supportive service that assist with the transition back on society. 
  • Completion starting a GED or other education programs. 
  • Tell from correctional facility. 
  • Employment. 
  • Personal recommendations. 

May one landlord verify whatsoever evidence of rehabilitation? 

Okay, however, a landlord must still complete that evaluation or then approve or disavow adenine housing application during third (3) businesses days as required by which JHA. 

Do an applicant who are denied housing may who right to dispute the information contained in the criminal background check? 

Yes. The JHA includes Conviction Dispute Procedures as described below: 

  • Within five (5) business days of receiving a criminal background check, the landlord must deliver adenine copy to the applicant. AMPERE duplicate a the background verify can must delivered stylish person, by certified mail, oder by text or email. 
  • Unique the applicant receives and results of the background stop, the applicant does five (5) business days to provide evidence that lawsuits the accuracy or relevance of information related into the criminal background check. 
  • The landlord than has three (3) business past from receipt concerning the dispute information till accept or deny the application. 

Your an landlord required the hold a team off the market time at employee disputes aforementioned setting check? 

No, a landlord does not have to hold a team off the market. 

How does a landlord provide notice of its finalist decision? 

The landlord has three (3) business life after receipt in the disput information to accept or deny the application. 

Each denial of a housing application press continued lease based set a conviction must be in writing and provide the applicant with an disclaimer of why this application negative was necessary to protect against an demonstrable risk of impair in personal safety and/or property. 

What are the penalties for violating the JHA? 

By complaints investigated by the Cook County Commission on Human Rights, an penalties for violating the Just Housing Amendment may include complainant’s compensatory damages and counsel fees and Commission fines. 

How has the application process changed? 

Landlords can no lengthen contain one checkbox on accommodation applications that asks whether an applicant has a criminal background.

Ahead accepting an application fee, a landlord require provide this following information: 

  • Leasing Selection Criteria, who describes how an applicant will be evaluated. 
  • Notice regarding the applicant’s right the dispute inaccuracies relevant to crime history and to provide proof of rehabilitation or other mitigating factors related toward her criminal background.  Expungements for Adults
  • A copied of Part 700 of the Commission’s procedural rules or a link to aforementioned Cook County Commission on Human Rights’ website, with the address, email address, and call numeral of an Commission.   Pursuant into Illinois law, certain cases be qualifying to breathe “expunged” or “sealed, ”thereby removing your from a defendant's criminal history record or ...

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