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Illinois Compiled Statutes on Housing
This amendment, initiated in the 2004 session of the General Assembly becomes effective January 1, 2006 (SB 3186). The new law amends the Illinois Human Rights Act to add sexual orientation to the listing of protected classes. Discrimination against a person because of his or her sexual orientation will now constitute unlawful discrimination under Illinois law.
It shall be unlawful:
to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unfavorable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin;
to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of race, color, religion, sex, familial status, or national origin.
to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
to represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
For profit, to induce or attempt to induce any person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.
Each listing agreement shall clearly state that it is illegal for either the owner or the broker to refuse to display or sell to any person because of their race, color, religion, national origin, sex, handicap or familial status. No licensee shall enter into a listing agreement which prohibits the sale or rental of real estate to any person because of race, color, creed, religion, national origin, sex, handicap or familial status. No licensee shall act or undertake to act as a real estate broker or real estate salesperson with respect to any property the disposition of which is prohibited to any person because of race, color, creed, religion, national origin, sex, handicap, or familial status.
The 1988 Fair Housing Act Amendments established the handicapped, which includes people diagnosed with AIDS, as protected class. According to HUD, it is illegal for real estate agents to make unsolicited disclosures that a current or former occupant of a property has AIDS. If a prospective purchaser asks an agent if the current or former occupant has AIDS, and the agent knows this is in fact true, HUD advises the agent should not respond. Furthermore, the Illinois License Law states that no cause of action shall arise against a licensee for the failure to disclose: that the occupant of the property was afflicted with Human Immunodeficiency Virus (HIV) or any other medical condition.
When there has been an adjudication in a civil or criminal proceeding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, SHALL suspend or revoke the license of that licensee unless the adjudication is in the appeal process.
Amendments to Real Estate License Act 2000
Section 15-75 of the Act defines the "exclusive brokerage agreement." All exclusive brokerage agreements must specify that the sponsoring broker, through one or more sponsored licensees, must provide at a minimum, the following services: 1) accept delivery of and present to the client offers and counteroffers to buy, sell, or lease the client's property or the property the client seeks to purchase or lease; 2) assist the client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or waived; and 3) answer the clients' questions relating to the offers, counteroffers, notices, and contingencies. This is effective for all exclusive brokerage agreements signed after August 19, 2004. The failure of a broker to provide such services would constitute a violation of the Real Estate License Act.
The Act repeals the "grandfather clause" for continuing education. According to the Illinois Department of Financial and Professional Regulation (IDFPR), Division of Banks and Real Estate, the Act requires that anyone licensed for 15 years prior to January 1, 1992, is no longer exempt from continuing education. A salesperson wishing to renew his license on April 30, 2005, will need to complete six hours of continuing education during the pre-renewal period. Previously exempt brokers must complete 12 hours of continuing education in the two years prior to the April 30, 2006, renewal date.
The Act requires real estate brokers to take an additional six hours of continuing education every two years dealing specifically with broker-management issues. Note: According to the IDFPR, these six hours must be taken in the period between May 1, 2006, and before renewal in 2008. Beginning May 1, 2006, new broker licensees will be required to complete the six-hour broker management course within 180 days of initial licensure. Brokers receiving an initial broker license 90 days or less before the renewal date do not have to take the additional hours for that renewal period but must complete the six hours within 180 days of receiving a broker's license.
The Act provides that brokers receiving an initial broker license 90 days or less before the renewal date do not have to take the additional hours for that renewal period.
The Act allows a broker to change license status to "salesperson" at any renewal date.
Course exemption for baccalaureate degrees. Deletes the exemption from taking pre-license courses for persons who receive a baccalaureate degree that includes courses involving real estate. This ensures that new licensees receive coursework that specifically deals with the regulatory and practice provisions spelled out in the Real Estate License Act.
In order to address issues raised by federal appraisal regulators, and to address issues raised by the industry, the Ill. Dept. of Financial and Professional Regulation undertook an early rewrite of the appraiser licensing law this year. The new Act continues to require licensure under the Act only for appraisals done in conjunction with a “federally related” transaction (i.e., federal law requires the appraisal for that transaction to be done by a licensed or certified appraiser).
This bill brings Illinois law into compliance with Title XI (the federal regulatory law) in the following areas:
Pre-license and continuing education requirements, experience requirements, and temporary practice provisions are to be adopted by rule, so that the statute does not have to be changed when federal rules are changed; broker experience can no longer be used to satisfy the experience requirement.
Requires Ill. Dept. of Financial and Professional Regulation to adopt “USPAP” standards and definitions.
Ill. Dept. of Financial and Professional Regulation shall maintain a registry of the names and addresses of all licensees and a listing of disciplinary orders issued and shall transmit the registry and fees to the entity specified by and consistent with Title XI.
HB 2540 replaces “State Licensed” rank with entry-level “Associate” rank. A state licensed real estate appraiser's license may be converted to an associate real estate appraiser license by its expiration date or until Sept. 30, 2003, whichever is sooner.
The bill requires disclosure of the Loan Officer/Loan Originator on all appraisal reports.
The temporary suspension section is removed.
A real estate licensee is not required to have an appraiser unless he or she is attempting to provide an appraisal report in connection with a federally related transaction.
This bill provides that the two real estate brokers appointed to the Real Estate Appraisal Board shall hold a valid appraiser license for at least five years prior to the appointment.
Illinois Department of Financial and Professional Regulation, Division of Banks and Real Estate, Illinois Compiled Statutes