Evanston, Ill., City Code § 5 § 5-5-7

EXEMPTIONS (Evanston Housing Regulations)

In Force
Verified 9/18/2026 · Next check 12/17/2026
EvanstonFair Housing & Anti-Discrimination

Operative Text

Evanston, Ill., City Code § 5 § 5-5-7
This Chapter shall not: (A)
Bar any religious or denominational institution or organization, or any charitable or educational organization operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings, which it owns or operates for other than commercial purposes or giving preference with respect thereto, to persons of the same religion or denomination, unless membership in such religion is restricted on account of race, color or national origin.
(B) Except for Subsection 6(A) of this Chapter, apply to the leasing of rooms to roomers in a dwelling unit occupied by the owner as a family household having not more than two (2) roomers, living independently, exclusive of salaried household employees living on premises.
(C) Prohibit (due to the familial status provision of this Chapter) the operation of housing for older persons. If the following provisions are satisfied:
1. As used in this Section "housing for older persons" means housing:
a. Provided under any State or Federal program that the U.S. Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
b. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or
c. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this Section, the Administrator shall require at least the following factors to be met:
(1) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
(2) That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit; and
(3) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older.
2. Housing shall not fail to meet the requirements for housing for older persons by reason of unoccupied units; provided, that such units are reserved for occupancy for persons who meet the age requirements of subsections (C)1(b) or (c) herein.
(D) Bar any educational organization from limiting to persons of the same sex the rental of living accommodations.
(E) Bar a person from denying the admission to or continuing occupancy of residential real property on the basis of:
1. A current sex offender registration requirement pursuant to the Sex Offender Registration Act (or similar law in another jurisdiction);
2. A current child sex offender residency restriction; or
3. A criminal conviction, provided that the person complies with Section 5-5-7.5 of this Code and conducts an individualized assessment, and the individualized assessment shows that denial based on the criminal conviction is necessary to protect against a demonstrable risk to personal safety and/or property of others affected by the transaction. Any person conducting such individualized assessment is prohibited from basing any adverse housing decision, in whole or in part, upon a conviction that occurred more than three (3) years from the date of the decision.
(F) Bar a person from denying the admission to or continuing occupancy of residential real property on the basis of covered criminal history when federal or state law mandates such denial.
Source: Legislative text reproduced verbatim
Plain English

Evanston, Ill., City Code § 5 § 5-5-7 carves out specific situations where the city's fair housing rules do not apply. Religious and certain nonprofit organizations may give preference to members of their faith when renting dwellings they own for non-commercial purposes, as long as membership in that religion is not itself restricted by race, color, or national origin. Owner-occupied homes with no more than two roomers, educational institutions limiting housing by sex, senior housing meeting defined age and occupancy thresholds, and denials based on sex offender status or certain criminal convictions following an individualized assessment are also addressed as exemptions or conditional permissions under this provision.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Operators covered by Evanston, Ill., City Code § 5 § 5-5-7 should understand that certain housing types and situations fall outside the chapter's general anti-discrimination requirements. Landlords running senior housing communities, for example, generally document that they meet the age-occupancy thresholds and publish policies demonstrating intent to serve older persons. When considering denials based on criminal history, compliant operators typically follow the individualized assessment process outlined in § 5-5-7.5 and avoid relying on convictions more than three years old as a basis for adverse housing decisions.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Evanston, Ill., City Code § 5 § 5-5-7 defines the boundaries of the city's fair housing protections, so tenants benefit from knowing which exemptions apply to their housing situation. If a landlord claims an exemption—such as senior housing status or a criminal-history-based denial—tenants can review whether the landlord actually meets the specific criteria set out in this provision, including the individualized assessment requirement. Tenants who believe an exemption is being misapplied may consider raising the issue with a local tenant-rights organization or exploring whether a complaint with a relevant city body is appropriate.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

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