What are source of income protections?

Source of income protections for renters mean that any money you get legally must be treated as money that could go towards rent. This includes any money you get from a job, social security benefits, child support, section 8 voucher, or rental assistance. When you apply to rent a place or while you live in a rental unit, the landlord has to consider or accept as rent any income you get legally, no matter where it comes from. 

This is a new law that went into effect in 2023 for all of Illinois.

What income do landlords have to accept or consider when deciding to rent a unit?

• All types of Social Security benefits
• Section 8 vouchers
• Any housing voucher
• Child Support
• Veterans Benefits
• Retirement and Pensions
• Rental Assistance

In what ways has the new law changed renting an apartment? 

Landlords cannot legally say things like: “I don’t take section 8” or “you have to work for 9 months to rent my apartment”.

A landlord has to consider all of your legally obtained income that would go towards rent when deciding whether to rent you the unit. If they refuse to rent to you because part of the money you'll be using to pay rent comes from rental assistance, you may have a discrimination claim under Illinois law. 

If you live in a rental unit, your landlord must accept any income you get legally as payment for rent.

How can the new law help landlords?

When landlords consider applicants with income from sources other than employment, they increase their chances of finding a reliable tenant. They can open their place up to many more renters with consistent and trustworthy sources of income.

For more information visit the Illinois Realtors website.

How can the new law help tenants?

This law means people with non-employment income like a voucher, rental assistance, and social security have more housing options for where they want to live.

Must landlords accept a section 8 renter?

No, but a landlord must consider the section 8 tenant when they apply for an apartment. A landlord cannot hold a section 8 voucher against the tenant and must fairly consider the voucher as income that could go towards rent.

How do I tell landlords about my non-employment income?

Be up front about all of your legally obtained income that could be used for rent and living costs.

If a landlord doesn’t know about the source of income protections, you could send the landlord a link to the realtors website. You could also print out this flyer and include it with your application.

What problems can landlords face if they ignore applications with income from sources other than employment?

A landlord who doesn’t follow the source of income protection law can face an expensive lawsuit or action by the State of Illinois against them for discrimination. They can also lose out on a large pool of rental applicants with stable income.

What should I do if a landlord won’t accept my legal source of income?

Keep copies of any and all documentation and communication with the landlord. This includes text messages, emails, and advertisements for the rental unit.

If the landlord only communicates with you by phone call or conversation, take notes after your call on what was said in detail. Do not record a private conversation without consent of both people.

If you want to still try to rent the place, and the landlord is willing to talk, you can offer to talk or send the landlord more information on how they can consider your income in deciding if they rent to you.

If you want to hold the landlord responsible under the law, talk to a lawyer as soon as possible to discuss your options.  You can file a fair housing complaint with the Illinois Department of Human Rights (IDHR) or start a lawsuit in court against the landlord who discriminated under the source of income law.

Learn more about housing discrimination in Illinois. 

Other commonly asked questions about source of income protections

Must landlords accept a section 8 renter?

No, but a landlord must consider the section 8 tenant when they apply for an apartment. A landlord cannot hold a section 8 voucher against the tenant and must fairly consider the voucher as income that could go towards rent.

Are people who don't work reliable renters? 

Yes. People who get income from reliable sources like vouchers, social security, and other regular income are just as reliable as any other renter.

Can a landlord decide to only accept renters with section 8 if their full rent is paid by the housing authority?

No. This is possible discrimination. A landlord has to fairly consider all housing section 8 renters. 

Can renters with vouchers or those who get other public benefits be evicted?

Yes. Renters are still responsible for following all legal terms of their lease. For example, a renter with a section 8 voucher must pay their landlord their monthly portion of the rent on time each month or they can get an eviction notice.

Do landlords have to use a lease from the housing authority to rent to a section 8 tenant?

No. Landlords should use the same lease they use for any renter.

Do landlords have to give the housing authority access to all of their personal records if they rent to a section 8 tenant? 

No. A housing authority only asks for limited business and rental related information for a section 8 tenant. Usually, the landlord would only need to share more personal information if they are accused of committing fraud or a criminal investigation is taking place against the landlord. 

Can landlords require renters to make three times the rent?

Probably not. Requiring three times the rent automatically excludes most renters with section 8. This is likely discrimination. A better policy that helps avoid discrimination, is to ask for the renter to have income of three times their rent portion. For example, if an apartment rents for $1,100 a month, and a section 8 tenant is responsible for $250 (with $850 paid by the housing authority), the landlord could ask for proof that the renter makes three times their portion of the rent for a total of $750.  

Can a landlord say they don’t accept section 8 if their place is too expensive?

No. A landlord cannot say they do not take section 8. A landlord needs to consider every rental applicant. 

Can landlords use tenant screening applications and background checks that use a tenant risk score or red flags to give priority to tenants with employment income over other types of income?

Maybe. Landlords who use tenant screening background checks with recommendations or tenant risk scores risk using data that is discriminatory under Illinois law. These companies usually don't take legal responsibility for the data they provide, so the landlord is responsible for any legal issues that come up. Tenants and landlords can find more information on possible issues with tenant screening companies on the Consumer Financial Protection Bureau website.