Hinckley — Ch. 38 Human Relations § 38-38
Exemptions
Operative Text
Nothing contained in section 38-33 shall prohibit: (1) Private sales of single-family homes. Any sale of a single-family home by its owner so long as the following criteria are met: a. The owner does not own or have a beneficial interest in more than three single-family homes at the time of the sale; b. The owner or a member of his family was the last current resident of the home; c. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; d. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of 775 ILCS 5/3-102(F). (2) Apartments. Rental of a housing accommodation in a building which contains housing accommodations for not more than five families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations; (3) Private rooms. Rental of a room or rooms in a private home by an owner if he or a member of his family resides therein or, while absent for a period of not more than 12 months, if he or a member of his family intends to return to reside therein; (4) Limitations on occupancy. Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Religious organizations. A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. (6) Sex. Restricting the rental of rooms in a housing accommodation to persons of one sex. (7) Persons convicted of drug-related offenses. Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the federal Controlled Substances Act (21 USC 802). (8) Persons engaged in appraisals. Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals. (9) Housing for older persons. No provision in this article regarding familial status shall apply with respect to housing for older persons. a. As used in this section, the term "housing for older persons" means housing: 1. Provided under any state or federal program that the state department of human rights determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by persons 55 years of age or older and: i. At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; ii. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under subsection (9)a.3 of this section; and iii. The housing facility or community complies with rules adopted by the department for verification of occupancy, which shall: 1) Provide for verification by reliable surveys and affidavits; and 2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subsection (9)a.3.ii of this section. These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. b. Housing shall not fail to meet the requirements for housing for older persons by reason of: 1. Persons residing in such housing as of the effective date of the amendatory Act of 1989 who do not meet the age requirements of subsections (9)a.2 or (9)a.3 of this section; provided, that new occupants of such housing meet the age requirements of subsections (9)a.2 or (9)a.3 of this section; or 2. Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of subsections (9)a.2 or (9)a.3 of this section. c. Application and compliance of exemption. 1. A person shall not be held personally liable for monetary damages for a violation of this article if the person reasonably relied, in good faith, on the application of the exemption under this subsection (9) relating to housing for older persons. 2. For the purposes of this subsection (9)c, a person may show good faith reliance on the application of the exemption only by showing that: i. The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and ii. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.
Hinckley Ch. 38 § 38-38 carves out specific situations where the fair housing prohibitions in § 38-33 do not apply. These exemptions cover scenarios such as private sales of single-family homes meeting certain ownership and marketing criteria, owner-occupied small apartment buildings of five units or fewer, private room rentals in an owner-occupied home, age-restricted housing for older persons, and several other narrowly defined circumstances. The exemptions are not blanket permissions to discriminate but rather carefully bounded exceptions that must meet all stated conditions to qualify.
Plain English — not legal advice.
Property owners and managers operating under one of the categories described in § 38-38 — such as a small owner-occupied building with no more than five units, or a qualifying senior housing community — should ensure they fully satisfy every condition the exemption requires, not just some of them. For example, a landlord relying on the older-persons housing exemption under § 38-38(9) should maintain written policies, conduct occupancy verification surveys, and keep documentation showing the facility formally stated its compliance in writing, since good-faith reliance on that written statement is what shields an individual from personal monetary liability. Operators who do not meet all criteria for a given exemption remain subject to the full scope of § 38-33's fair housing requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-38 defines the limited circumstances under which a housing provider may be exempt from Hinckley's fair housing rules in § 38-33, and tenants should be aware that these exemptions are narrow and condition-dependent — a landlord cannot simply claim an exemption without satisfying every listed requirement. If a housing provider asserts an exemption that a tenant believes does not actually apply to their situation, that tenant may raise the inapplicability of the exemption as part of a complaint or legal proceeding under the Human Relations chapter. Tenant-rights organizations familiar with Illinois fair housing law can help individuals understand whether a claimed exemption under § 38-38 is being applied correctly.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation