Naperville — Title 12 Human Rights and Fair Housing § 12-2-1
DEFINITIONS:
Operative Text
For the purpose of the interpretation and enforcement of this Title, the words and phrases used in this Title shall have the meanings ascribed to them in the Fair Housing Act and in the Illinois Human Rights Act, unless this Title contains a specific definition for a word or phrase or unless the context of the sentence in which the word or phrase is used shall indicate otherwise. All definitions contained herein shall be deemed to include any and all exceptions, exclusions and/or exemptions as set forth in the Illinois Human Rights Act and Fair Housing Act. CHAIR OR CHAIRPERSON: | A member of the Human Rights and Fair Housing Commission elected to run meetings of the Commission or other Commission hearings. COMMISSION: | The City of Naperville's Human Rights and Fair Housing Commission. COMMISSIONER: | A member of the Human Rights and Fair Housing Commission. COMPLAINANT: | A person filing a complaint as provided in this Title. CREDIT HISTORY: | A record of a person's past borrowing and repaying, including information about late payments and bankruptcy. CREDIT REPORT: | Any written or other communication of any information by a consumer reporting agency that bears on a consumer's credit worthiness, credit standing, credit capacity, or credit history. DISABILITY: | As used in this Title shall have the same meaning ascribed to that term in the Illinois Human Rights Act and Fair Housing Act and may be used interchangeably with the term "handicap". The preferred term for purposes of this Title and its enforcement shall be "disability". Generally, a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment; or being regarded as having such an impairment. Excluded from this definition is an impairment relating to the illegal use, possession, or distribution of controlled substances as defined in schedules I through V of the Controlled Substances Act (21 U.S.C. § 812). GENDER IDENTITY: | The actual or perceived appearance, expression, identity, or behavior of a person as being male, female, or nonbinary, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's designated sex at birth. HOUSING AUTHORITY: | The DuPage Housing Authority, the Housing Authority of Joliet, or any other Housing Authority or agency which administers the Housing Choice Voucher Programs in the City of Naperville. HOUSING STATUS: | The type of housing in which a person resides, whether publicly or privately owned; a person's ownership status with respect to the person's residence; or the status of having or not having a fixed residence. LEGAL SOURCE OF INCOME: | Any lawful income, subsidy or benefit with which an individual supports themselves and their dependents, including but not limited to, child support, maintenance, and any federal, state or local public assistance, medical assistance or rental assistance program, provided that: (1) nothing in this Title prevents an owner or agent acting in good faith from taking into consideration factors other than legal sources of income such as credit history, criminal history or reference; (2) nothing in this Title shall require or prevent any person whose property, upon inspection by the Housing Authority, fails to meet federal housing quality standards in connection with the federal Housing Choice Voucher program to lease or rent a unit to a prospective tenant who is relying on such subsidy, payment assistance contribution or voucher for payment of part or all of the rent for such unit; (3) in addition, in such time as a landlord is waiting for an inspection or other agency response relative to a Housing Choice Voucher participant's application for rental of the landlord's housing unit, this Title shall not prohibit such landlord from choosing to rent such unit to another applicant who may or may not be a Housing Choice Voucher participant. MARITAL STATUS: | The status of being single, married, divorced, separated, or widowed. MILITARY STATUS: | Whether a person is actively a member of or has been discharged from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia other than by a "dishonorable discharge." NATIONAL ORIGIN: | The place in which a person or one of such person's ancestors was born. PARENTAL STATUS: | The status of living with one or more dependent minors or disabled children. PERSON: | One or more individuals; partnerships, associations, or organizations; labor organizations, labor unions, joint apprenticeship committees, or union labor associations; corporations; recipients of County funds; legal representatives, trusts, trustees in bankruptcy, or receivers; state governments other than that of Illinois; or commercial operations or entities controlled by governments other than those of Illinois, or of the United States. PUBLIC ACCOMMODATION: | A person, place, business establishment, or agency that for or without regard to profit sells, leases, provides, or offers any product, facility, or service to the public in the City of Naperville, for a fee or free of charge. Public accommodation shall not mean any private club or other place, establishment, or facility which by its nature is distinctly private, except where such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the nonmembers for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period. RELIGION: | All aspects of religious observance, practice, belief, or the actual or perceived identification with a religion. RESPONDENT: | The private, non-governmental party against whom a complaint has been filed. SERVICE ANIMAL: | An animal trained in obedience and task skills to meet the needs of a person with a disability, consistent with the Illinois Humane Care for Animals Act (510 ILCS 70) as amended from time to time. Emotional support animals shall not be included in this definition. SEXUAL ORIENTATION: | The actual or perceived status or expression of heterosexuality, homosexuality, or bisexuality. UNLAWFUL DISCRIMINATION: | Discrimination against a person because of the actual or perceived status, practice, or expression of that person's race, skin color, sex, age, religion, disability, national origin, sexual orientation, legal source of income, marital status, parental status, military status, gender identity, or housing status. A specific act or practice of such discrimination shall be deemed to be a continuing violation of this Title where such act or practice is one of a series, each of which constitutes unlawful discrimination in whole or in part, and as otherwise specified in this Title. (Ord. No. 20-143 , § 3, 12-15-2020; Ord. No. 22-044 , § 2, 5-3-2022)
Section 12-2-1 of Naperville's Title 12 establishes the foundational vocabulary for the city's Human Rights and Fair Housing rules. Key terms — including "disability," "gender identity," "legal source of income," "housing status," and "unlawful discrimination" — are given specific meanings that govern how the rest of the Title is read and applied. Where a term is not separately defined here, its meaning defaults to the definitions found in the Illinois Human Rights Act and the federal Fair Housing Act, along with any exceptions or exemptions those laws contain.
Plain English — not legal advice.
Under § 12-2-1, the definitions set out in Title 12 determine which characteristics and income sources are protected when a property owner or manager makes rental decisions in Naperville. Compliant operators generally familiarize themselves with terms like "legal source of income" — which includes housing vouchers and public assistance — and "unlawful discrimination," which covers a broad list of protected characteristics including housing status and military status. Because the definitions incorporate exceptions from the Illinois Human Rights Act and the Fair Housing Act, operators typically review those statutes alongside the local ordinance to understand the full scope of their obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 12-2-1 defines the protected characteristics and key concepts that underpin fair housing rights in Naperville, including protections based on legal source of income, gender identity, housing status, and military status. If a tenant believes they have experienced differential treatment based on any of the characteristics listed under "unlawful discrimination" in this section, the Title provides a complaint process before the City of Naperville's Human Rights and Fair Housing Commission. Tenants seeking to understand how these definitions apply to their circumstances can consult the Commission directly, reach out to a local tenant-rights organization, or review the Illinois Human Rights Act and Fair Housing Act, which supply additional context for terms used throughout Title 12.
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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