Havana — Title 9 Ch. 9.12 Housing Discrimination § 9.12.040

Exemptions

In Force
Verified 11/10/2026 · Next check 2/8/2027
HavanaProtected Classes (State/Local)

Operative Text

Havana — Title 9 Ch. 9.12 Housing Discrimination § 9.12.040
This chapter shall not apply to: A.
A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy, of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives a preference to such persons, unless membership in such a religion is restricted on account of race, color, sex or national origin;
B. A private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members;
C. Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or served on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:
1. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person, and
2. Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of the provisions of 42 United States Code Section 3604 (c) or of Section 9.12.030 of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
D. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
Source: Legislative text reproduced verbatim
Plain English

Section 9.12.040 of Havana's Title 9, Chapter 9.12 carves out specific categories of housing from the anti-discrimination rules established elsewhere in the chapter. Religious organizations and affiliated nonprofits may give preference to members of their faith when renting or selling dwellings they own for non-commercial purposes, as long as religious membership itself is not restricted by race, color, sex, or national origin. Private clubs may limit lodgings to their members, individual owners of no more than three single-family homes may sell or rent without a broker under defined conditions, and owner-occupants of small buildings with no more than four units are also exempt from the chapter's requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who believe they may qualify for one of the exemptions listed in § 9.12.040 generally document their situation carefully — for example, confirming the total number of single-family homes they hold an interest in, verifying that no real estate broker or agent is involved in a qualifying private sale, and ensuring that any religious or club-based preference policy does not restrict membership on the basis of race, color, sex, or national origin. Owner-occupants of small multi-unit buildings (four units or fewer) who live on-site typically keep records confirming their primary residence there. Because the exemptions in § 9.12.040 are narrowly defined, operators generally review each condition carefully before concluding that the chapter's protections do not apply to a given transaction.

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

For Tenants

If you believe a landlord or seller has improperly claimed an exemption under § 9.12.040 to avoid Havana's housing discrimination rules, you may have grounds to challenge that claim — for instance, if a private individual owner actually holds interests in more than three single-family homes, or if a religious preference policy restricts membership based on race, color, sex, or national origin. Tenants and prospective renters can explore filing a complaint with the relevant local or state fair housing authority, or raising the inapplicability of the exemption as part of a broader discrimination claim. Tenant-rights organizations and legal aid offices familiar with Havana's Title 9, Chapter 9.12 can help evaluate whether a claimed exemption under § 9.12.040 actually meets all of the provision's stated conditions.

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

Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

IL Muni § 9.12.030

Related Rules

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Definitions
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Unlawful practices

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