Evanston, Ill., City Code § 5 § 5-5-7.5
NOTICE AND OPPORTUNITY TO DISPUTE CONVICTION (Evanston Housing Regulations)
Operative Text
To comply with Subsections 5-5-6 (X)(2)(b) and 5-5-7 (E), a person must provide the following process: (A)
Before accepting an application fee, a housing provider must disclose to the applicant:
a. The tenant selection criteria, which describes how an applicant will be evaluated to determine whether to rent or lease to the applicant;
b. The applicant's right to provide evidence demonstrating inaccuracies in the applicant's conviction history, or evidence of rehabilitation, and other mitigating factors; and
c. A copy of the Cook County Commission on Human Rights ("Commission") procedural rules or a link to the Commission's website, with the address, email address, and phone number of the Commission.
(B) No person shall inquire about, consider, or require disclosure of covered criminal activity, except current sex offender registration or current child sex offender residency restriction pursuant to Section 5-5-7 , before the person has determined the applicant has satisfied all other application criteria for housing or continued occupancy.
(C) Once a person determines an applicant has satisfied the pre-qualification standards for housing the housing provider shall notify the applicant that the first step of the screening procedure has been satisfied and that a criminal background check will be performed or solicited.
(D) After a person sends the notice of pre-qualification, a housing provider may conduct a criminal background check on the prequalified applicant. However, the person may not consider any information related to the criminal convictions that are more than three (3) years old or any covered criminal history.
(E) Within five (5) days of obtaining a criminal background check on an applicant, the person must deliver a copy of the background check to the applicant. The person must complete delivery in one of the following ways:
(1) In person;
(2) By certified mail; or
(3) By electronic communication, such as text or email.
(F) Once a person complies with the requirement of Subsection 5-5-7.5 (E), the applicant shall have an additional five (5) business days to produce evidence that disputes the accuracy or relevance of information related to any criminal convictions from the last three (3) years.
(G) Nothing in this Section shall prevent a person from approving another pre-qualified individual's housing application during the pendency of the criminal conviction dispute process.
(H) After giving the applicant the opportunity to dispute the accuracy and/or relevance of a conviction, a person shall conduct an individualized assessment, in accordance with Subsections 5-5-7 (E)(3) to determine whether the individual poses a demonstrable risk. If the applicant poses a demonstrable risk, the person may deny the individual housing.
(I) A person must perform an individualized assessment prior to denying an individual housing based on criminal conviction history, except in the following circumstances:
a. A current sex offender registration requirement pursuant to the Sex Offender Registration Act (or similar law in another jurisdiction); and/or
b. A current child sex offender residency restriction.
(J) A housing provider must either approve or deny an individual's housing application within three (3) business days of receipt of information from the applicant disputing or rebutting the information contained in the criminal background check.
(K) Any denial of admission or continued occupancy based on a conviction must:
a. Be in writing and must provide the applicant an explanation of why denial based on criminal conviction is necessary to protect against a demonstrable risk of harm to personal safety and/or property; and
b. Contain a statement informing the housing applicant of their right to file a complaint with the Commission.
(L) The housing provider must limit the use and distribution of information obtained in performing the applicant's criminal background check. The housing provider must keep any information gathered confidential.Evanston, Ill., City Code § 5 § 5-5-7.5 establishes a multi-step process that housing providers must follow before using an applicant's criminal history as a basis for a housing decision. Criminal background inquiries are generally prohibited until an applicant has first been found to meet all other qualifying criteria, and applicants must receive a copy of any background check within five days along with at least five business days to dispute its accuracy or relevance. Any denial based on a conviction must be in writing, explain the specific risk of harm, and inform the applicant of their right to file a complaint with the Cook County Commission on Human Rights.
Plain English — not legal advice.
Under Evanston, Ill., City Code § 5 § 5-5-7.5, compliant housing providers disclose tenant selection criteria, applicant dispute rights, and Cook County Commission on Human Rights contact information before collecting any application fee. Operators generally complete all non-criminal screening first, issue a pre-qualification notice before ordering a background check, and deliver that report to the applicant within five days. Written denial notices must explain the demonstrable-risk finding and reference the applicant's right to file a complaint with the Commission; all background check information must be kept confidential and its distribution limited.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5 § 5-5-7.5 gives applicants the right to receive a copy of their criminal background check within five days and at least five additional business days to submit evidence challenging its accuracy or relevance. If a housing provider denies an application based on a conviction, the written denial must explain the specific risk finding and notify the applicant of their right to file a complaint with the Cook County Commission on Human Rights. Tenants who believe a housing provider failed to follow this process may consider contacting the Commission directly, consulting a tenant-rights organization, or exploring other enforcement paths available under this provision.
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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