Illinois Human Rights Act: A guide for HOAs and condos

Overview of the Illinois Human Rights Act

The Illinois Human Rights Act is the main state law that protects residents from housing discrimination. For HOAs and condominium associations, it sets standards for how boards create policies, manage amenities, and respond to requests for accommodations. The Act helps boards stay compliant while also creating fair, consistent expectations for everyone in the community.

Protected classes under the Illinois Human Rights Act include race, color, religion, sex, national origin, ancestry, age (40 and over), marital status, sexual orientation, disability, familial status, pregnancy, and military status. Boards need to apply all policies in a way that respects these protections.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Reasonable accommodations and modifications

The Illinois Human Rights Act requires boards to make reasonable accommodations and allow modifications for residents with disabilities. An accommodation is a change to a policy or practice, like allowing an assistance animal in a building with pet policies, while a modification is a physical adjustment, like installing a ramp or widening a doorway. Boards are not required to approve every request as presented, but they are expected to review requests carefully, consider what is practical for the community, and work with residents to find solutions. Documenting these requests and responses not only helps avoid disputes but also shows the board acted in good faith.
 

Recent updates to the Illinois Human Rights Act

In recent years, Illinois has expanded the protections covered by the Illinois Human Rights Act, and some of these changes directly affect community associations. As of January 1, 2023, “source of income” was added as a protected class, meaning residents cannot be treated differently because they use vouchers, benefits, or other legal forms of income. On January 1, 2024, immigration status was added as a protected class in housing. Finally, starting January 1, 2025, reproductive health decisions also became protected, so boards cannot treat residents differently because of personal choices around contraception, fertility treatment, or pregnancy-related care. For associations, these updates are a reminder to keep policies and communications current so they reflect the latest protections under state law.
 

How the Act works alongside federal law

The Illinois Human Rights Act works alongside federal fair housing laws like the Fair Housing Act. Federal law sets the baseline for protections, while Illinois adds additional safeguards such as marital status and military status. Boards must follow both sets of laws, which usually means applying whichever standard gives residents the greatest protection. When questions come up about how the two laws overlap, it’s best for boards to consult their attorney to avoid confusion or compliance gaps.
 

Best practices for Illinois boards

Boards in Illinois can take practical steps to stay aligned with the Illinois Human Rights Act:

• Share governing documents and any policy updates with all residents so expectations are clear.
   
• Offer fair housing training for board members, including how to respond to accommodation or modification requests.
   
• Keep detailed records of all policy enforcement actions, from notices to resolutions.
   
• Review policies regularly with professional management or legal counsel to keep them current.
   
• Provide a straightforward process for residents to submit questions or requests related to fair housing rights.

By following these steps, boards can manage daily responsibilities with confidence while protecting resident rights and reducing legal risks.
 

The role of community association management companies

Community association management companies play a key role in helping boards follow the Illinois Human Rights Act and other Illinois HOA laws. A good management team keeps records organized, tracks enforcement notices, and offers guidance when boards are considering new policies. They can also step in to help with conversations around accommodation requests, making the process smoother for both residents and the board. For many Illinois associations, having professional management in place provides the support and structure needed to navigate fair housing requirements confidently.
 

FAQs about the Illinois Human Rights Act and HOAs

Does the Illinois Human Rights Act apply to all HOAs and condos?

Yes. Any community association in Illinois must comply with the Act, regardless of size or location.
 

What happens if a board unintentionally violates the Act?

Even honest mistakes can result in complaints. The Illinois Department of Human Rights may step in, and boards could be asked to revise policies, provide training, or in some cases, pay damages. This makes proactive education and documentation especially valuable for every association.
 

Can a board deny a request for an accommodation?

A board might deny a request if it is unreasonable, creates an undue financial burden, or would fundamentally change how the community operates. Still, boards are expected to look for alternatives and keep clear records of how they reached their decision.
 

How does the Illinois Human Rights Act affect leasing policies?

Boards may set rental restrictions, but they must be applied consistently and never in a way that discriminates against protected groups. This makes consistency in enforcement especially important for communities with rental caps or waitlists.
 

Do associations need to update their governing documents?

Not always. But it’s smart for boards to review documents regularly with legal or management support to make sure everything lines up with current laws.
 

Where can boards get help with compliance?

Your association attorney or management company can offer guidance for your specific needs. For general information, FirstService Residential’s webinar library can help you stay up to date on 2025 hot topics for your community and board member roles and responsibilities.
 

About FirstService Residential

At FirstService Residential, we partner with community associations across Illinois to help boards apply the Illinois Human Rights Act and other legal requirements with confidence. With local expertise backed by national resources, we give boards the tools they need to stay compliant and focused on what matters most. If your board is seeking guidance on compliance, policy enforcement, or day-to-day management, contact FirstService Residential today.