If you live in Cook County, you generally cannot be denied housing only because you have an arrest or conviction record. The Just Housing Amendment (JHA) protects individuals with arrest or conviction records against discrimination. This law says that landlords don’t have to do a background check, but if they do, they have to follow specific rules carefully. 

If the rules are not followed, you can challenge a housing provider’s decision as discriminatory. If successful, the provider has to make things right. For example, the provider could reverse the decision and compensate you. You only have 180 days to file your claim, so act quickly. You can find the JHA in the Housing Section of the Cook County Human Rights Ordinance.

Who does this law apply to?

This law applies to all housing providers and protects everyone in Cook County who has an arrest or conviction record. A housing provider is a person or organization that rents or sells homes or apartments. This includes landlords, owners, and property management companies. It may also include real estate agents, co-ops, condominium associations, nursing homes, or other residential facilities. Since many Cook County residents are renters, the word landlord is used on the checklist. Remember the JHA applies to all housing providers though. 

JHA protections do not apply in certain situations. A landlord can deny your application without doing an assessment if your background has sex offense registrations (or offenses requiring registration) or child sex offense residency restrictions. There are also narrow exceptions under federal law that only apply to buildings that receive federal funding. The federal requirements depend on the housing program you are applying to. If you are applying for federally-subsidized housing, learn more about the federal rules.

The lease, the ads, the listings

• The ad for the listing said "no felonies," "no conviction," or in some other way discouraged me from applying because of my record. 
• The price, terms, and conditions of a lease were changed based on the applicant’s background. For example, if your landlord required an extra deposit or higher rent because of your background. 
• The landlord did not show me (the applicant) a listing because of my record.
• When I called and told them I had a record, they told me they don’t rent to people with convictions.

Disclosures made to applicants before they pay their application fee

• The landlord did not let me know about the Tenant Selection Criteria before I paid my application fee. Tenant Selection Criteria must explain how tenants are selected and what type of information the landlord will consider. 
• The landlord only informed me about some of the Tenant Selection Criteria, not everything.
• The landlord did not tell me I have the right to submit extra information explaining my background check results.
• The landlord did not give me a copy of the procedural rules under the Just Housing Amendment OR the website, address, and phone number for the Cook County Human Rights Commission.

Asking an applicant about their arrest or conviction history before making a conditional housing offer

• The landlord asked me if I had any criminal charges, convictions, or pending cases on the application form, during a phone call before applying, or while showing me the property. 
• The landlord didn’t tell me I was qualified for the unit, but asked me about my conviction history anyway. 
• The landlord did a background check before telling me I was eligible for the unit. 
• The landlord did not tell me they were running a background check.
• The application had a box for me to check asking if I was convicted of a crime.

What did the criminal background check cover? 

• The landlord used a conviction that happened more than 3 years ago to deny my application.
• The landlord considered one or more of the following in my record:  arrests, charges, or citations; participation in a diversion or deferral of judgment program; sealed, expunged, or pardoned records; or juvenile records.

Sharing the results of the background check

• The landlord did not give me a  copy of the background check within 5 business days of getting it.
• The landlord denied my application before giving me a copy of the criminal background check. 
• The landlord did not tell me that I had 5 business days to explain why the background check was wrong, submit evidence of rehabilitation, or submit other information that explains my arrest or conviction. 
• The landlord denied me without giving me at least 5 business days from the date of the background check results to submit more information.

If your conviction was related to a disability, learn more about requesting a reasonable accommodation.

Looking at each conviction from the past three years separately 

• The landlord denied my application because of a conviction that was more than 3 years old.  
• I have a conviction from the last 3 years, but the landlord didn’t give me a written notice before denying my application. 
• My landlord did an assessment and gave me a copy in writing, but did not consider everything about my situation. Think about whether your landlord looked at:
  • type and seriousness of the offense,
  • nature of sentencing,
  • number of conviction(s),
  • length of time that has passed since the conviction,
  • your age,
  • evidence of rehabilitation, (e.g. successfully completed probation, reentry programs, or involvement in community or support groups)
  • your housing history before and after the conviction, and
  • disability-related factors.
• My landlord denied me because of a recent conviction but didn’t explain why my conviction was a demonstrable risk. “Demonstrable risk” means that there is a clear likelihood of harm to the property or other people on the property.
• I have a disability, and the landlord decided there was a “demonstrable risk” without thinking about reasonable accommodations that would reduce the risk. 
• The denial did not include information about my right to file a complaint with the Cook County Human Rights Commission.
• The landlord gave me a written individualized assessment with the denial, but I disagree with the analysis or reasoning.
• The landlord did not keep my information confidential.

When do I need to file?

If you checked any boxes above, your landlord may have broken the law. If you want to file a complaint, you have 180 days from when you were denied housing. More information about the complaint form is included below. The Cook County Human Rights Commission will look at your complaint. They will decide if there was discrimination and what should happen next. 

Complaint Information

• You are the “complainant.” Fill out your full name, phone number, address, and email address if you have one. 

• The “respondent” is the housing provider who discriminated against you.  Include as much information as you can about the landlord because the Commission will need to follow up with them. 

• Type of complaint: If you are filling out a complaint for discrimination under the Just Housing Amendment (JHA), select “housing.” 

• Basis of discrimination or harassment: select “criminal history” if you checked any boxes above and believe your landlord treated you differently because of your criminal history.

• Date discrimination took place: fill in the date the discrimination happened. If you do not remember the exact date, you could estimate by saying something like “on or around X date.”

• Use this space to add the information that shows you were discriminated against. You can refer to the checklist and include the statements you checked. For the statements you add, include an explanation of what the landlord did. 

• Be sure to sign and date the bottom of the form. By signing, you are saying the information you included is true and correct to the best of your knowledge. 

• You can email your finished complaint form to the Cook County Commission on Human Rights at [email protected]. 

Tips for applying for housing with an arrest or conviction 

As you begin to apply for housing, consider gathering the documents and following the suggestions listed below. You do not need to send these materials to a potential landlord unless you are asked, and you may not need all of the information listed. 

• Get a copy of your record ("rap sheet") from the Illinois State Police, circuit clerk in your county, or local police department. If you have undocumented immigration status, you should consult with an immigration attorney first. 
• Gather helpful documents to demonstrate evidence of rehabilitation including:
  • Letters of recommendation from employers, community-based organizations, or others, 
  • Certificates or transcripts showing the completion of education or training programs, and 
  • Any court-issued certificate of good conduct.

Seal or expunge your record, if possible.

Need help?

If you have questions about the Just Housing Amendment, contact Uptown People’s Law Center at 773-769-1411.   

Chicago Lawyers’ Committee for Civil Rights also helps with Just Housing Amendment complaints. You can connect with fair housing staff at Chicago Lawyers’ Committee through the CARPLS legal help and referral hotline at 312-738-9200 or through the CARPLS website.