Illinois Landlords May Face Civil Rights Lawsuits for Refusing Illegal Immigrants

Illinois Landlords May Face Civil Rights Lawsuits for Refusing Illegal Immigrants
Illinois Gov. J.B. Prtizker in Chicago, Ill., on Aug. 4, 2021. Scott Olson/Getty Images
Caden Pearson
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Illinois Gov. J.B. Pritzker has signed a law that means landlords could face a civil rights violation lawsuit if they refuse to sell or rent their property to an illegal immigrant.

The new legislation, Senate Bill 1817, amends the Illinois Human Rights Act, under the banner of equality and inclusivity, to include “immigration status” as a protected class.

The amendments, signed into law by Mr. Pritzker, emphasize the protection of “immigration status” alongside familial status and source of income. The act (pdf) defines “immigration status as ”a person’s actual or perceived citizenship or immigration status.”

The act explicitly prohibits civil rights violations in real estate transactions and other acts, such as refusing to engage in a transaction, altering transaction terms, refusing to negotiate, making discriminatory representations, or publishing discriminatory advertisements.

“This law sets clear boundaries, protecting the rights of immigrants and ensuring that financial institutions and service providers cannot engage in discriminatory practices,” state Sen. Ann Gillespie, a Democrat, wrote in a statement. “Putting these protections in place will promote fairness to ensure people are not unjustly denied housing.”

The law also expands the definition of “real property” to encompass buildings, structures, lands, leaseholds, and other interests. The definition of “real estate transaction” now includes not only the sale, exchange, rental, or lease of real property but also brokering, appraising, and loan provision activities related to residential real estate.

Landlords and property sellers cannot refuse to rent or sell, receive, or transmit offers, or negotiate the terms of a deal with someone based on their immigration status, Ms. Gillespie’s office stated.

Furthermore, the amendment extends its coverage to third-party loan modification service providers, who are now prohibited from refusing or altering loan modification services based on a person’s immigration status. Inquiry or use of immigration status is still permissible if required by state or federal law.

“By making this change, we are breaking down barriers and creating opportunities for immigrants to establish homes and contribute to our communities,” Ms. Gillespie said. “Someone’s background should not disqualify them from buying or renting property.”

Under the section in the act defining civil rights violations, the amended provision has expanded from real estate transactions to “other prohibited acts.”

Immigration Impact on Rents

Sen. J.D. Vance (R-Ohio) has expressed concerns about the additional strain on housing affordability caused by a large influx of illegal immigrants.
“Think about what this does for housing prices when you have to house 10 million people that shouldn’t be here, that drives up the costs of housing when interest rates are already through the roof,” Mr. Vance told Breitbart News earlier this year.

“This is economic warfare and theft of the American dream from American citizens, that is the big problem here and that’s why we have to keep fighting it,” he continued.

Research has shown that immigration inflows have a direct impact on raising rents in the United States.

“Using data that span from 2002–2012, we find, as have others, that immigration inflows are associated with rising rents and prices,” say the authors of a 2017 study published in the Journal of Housing Economics.

The researchers, Abeba Mussa, Uwaoma G. Nwaogu, and Susan Pozo, said they found that “a rise in immigration inflows, equivalent to one percent of an [metropolitan statistical area’s] population, is associated with an approximate eight-tenths of a percent rise in rents.”

More than 11,000 illegal immigrants, primarily from Central and South America, have arrived in Illinois since August 2022. A significant number of these immigrants have been transported by bus from Texas to Illinois after unlawfully crossing the southern border of the United States.

Texas Gov. Greg Abbott, a Republican, who first began bussing illegal immigrants to so-called sanctuary cities, has said the program is in response to the lax immigration policies of President Joe Biden.