If you are a Section 8 voucher holder, you may have faced landlords who refuse to rent to you simply because you use housing assistance. But is that legal?
Under Chicago, Cook County, and Illinois law, landlords cannot discriminate against tenants because they pay rent with a Housing Choice Voucher (Section 8). This is called source of income discrimination, and it is illegal in many parts of Illinois.
This guide explains your rights, what landlords can and cannot do, and how to take action if a landlord refuses to accept your voucher.
Is It Legal for a Landlord to Refuse Section 8 in Illinois?
It depends on where you live. Illinois does not have a statewide law that requires landlords to accept Section 8 vouchers, but local laws in Chicago and Cook County do protect tenants from discrimination based on how they pay rent.
- In Chicago: Landlords must accept Section 8 vouchers unless they have a valid legal reason not to rent to a tenant.
- In Cook County: Landlords must accept Section 8 vouchers in unincorporated Cook County and all municipalities covered by the county’s housing ordinance.
- Outside Chicago & Cook County: Illinois law does not currently prohibit landlords from refusing Section 8 vouchers in other areas.
Chicago’s Source of Income Protection
Chicago has some of the strongest tenant protections against Section 8 discrimination. Under the Chicago Fair Housing Ordinance, landlords cannot refuse to rent to someone because they use a voucher.
What is illegal?
- Refusing to rent to someone just because they have a voucher.
- Posting ads that say “No Section 8” or “Voucher holders need not apply.”
- Setting different rental terms for voucher holders.
What is allowed?
- Landlords can reject applications for other legal reasons, such as a bad rental history, poor credit, or criminal background (if applied fairly to all applicants).
If you face discrimination in Chicago, you can file a complaint with the Chicago Commission on Human Relations (CCHR) within 180 days of the incident.
Cook County’s Source of Income Protection
The Cook County Human Rights Ordinance also prohibits landlords from refusing to rent based on a tenant’s source of income, including Section 8 vouchers.
- Applies to all of Cook County, including suburbs and unincorporated areas.
- Landlords cannot post ads saying “No Section 8” or refuse to consider voucher holders.
If a landlord refuses your application because of your voucher, you can file a complaint with the Cook County Commission on Human Rights.
Does Illinois Have a Statewide Law Protecting Section 8 Tenants?
Illinois does have a statewide law requiring landlords to accept Section 8 vouchers. This means that outside of Chicago and Cook County, landlords cannot legally refuse to rent to voucher holders.
Some cities in Illinois do have their own laws protecting Section 8 tenants, so check your local ordinances if you live outside Cook County.
How to Tell If You’re Facing Section 8 Discrimination
If a landlord refuses to rent to you because of your voucher, it could be illegal discrimination. Look for these warning signs:
- Ads stating ”No Section 8” or “We do not accept vouchers.”
- A landlord initially says the unit is available, but once they find out you have a voucher, they say it”s no longer available.
- A landlord sets different rental requirements (higher credit score, extra fees) for voucher holders.
- You apply with a voucher, and the landlord stops responding or ignores your calls.
If any of these happen, you may have a legal claim for housing discrimination.
What to Do If a Landlord Refuses to Accept Your Section 8 Voucher
If you suspect discrimination, take these steps:
1. Document Everything
- Keep copies of rental listings or emails showing the landlord refuses Section 8.
- Save text messages, emails, or voicemails from the landlord.
- If possible, have a friend without a voucher inquire about the unit to see if the landlord gives different answers.
2. File a Housing Discrimination Complaint
If you live in Chicago:
- Chicago Commission on Human Relations (CCHR)
- Deadline: File within 180 days of the discrimination.
If you live in Cook County:
Cook County Commission on Human Rights
- Deadline: File within 300 days of the discrimination.
If you live outside Cook County, check for local fair housing laws or file a complaint with:
- Illinois Department of Human Rights (IDHR)
- U.S. Department of Housing and Urban Development (HUD)
3. Consider Legal Action
If you were denied housing due to your Section 8 status, you may be able to sue the landlord for damages, including:
- Compensation for lost housing opportunities
- Attorney’s fees and costs
- Civil penalties against the landlord
Justice Legal Counsel Can Help
If you believe a landlord denied you housing because you have a Section 8 voucher, you may have a strong case for discrimination.
At Justice Legal Counsel, we help tenants in Chicago and Cook County fight back against source of income discrimination. We can help you:
- Gather evidence of discrimination
- File complaints with the appropriate agencies
- Take legal action to hold landlords accountable
Landlords cannot deny you a home just because you have a voucher. If you believe you were discriminated against, contact us today for a consultation to discuss your case.