If you’ve been denied housing, charged unfair fees, or treated differently by a landlord because of how you pay your rent – whether through a housing voucher, disability benefits, Social Security, child support, or other lawful income sources – you may be a victim of Source of Income (SOI) discrimination.
Illinois, including Chicago and Cook County, has strong protections against SOI discrimination, meaning landlords cannot refuse to rent to you or impose unfair conditions based on your source of income.
This guide explains how to prove your claim, what evidence you need, the complaint process, and the damages you may be entitled to. If you’re facing housing discrimination, our law firm can help you take action and fight for your rights.
What Is Source of Income Discrimination?
Source of Income discrimination occurs when a landlord refuses to rent to someone, sets unfair lease terms, or harasses a tenant because of how they pay rent. This includes income from:
- Housing Choice Vouchers (Section 8)
- Social Security Disability (SSDI)
- Supplemental Security Income (SSI)
- Veterans’ benefits
- Child support or alimony
- Public assistance programs
- Any other lawful non-wage income
For example, if a landlord tells you, “We don’t accept Section 8 tenants” or charges you a higher security deposit because you use a housing voucher, that is illegal.
Illinois Source of Income Protection Laws
Illinois State Law (Illinois Human Rights Act)
- Applies statewide to all landlords with one or more rental units.
- Prohibits landlords from rejecting tenants solely because they use a lawful source of income to pay rent.
- Covers all types of lawful, verifiable income – including Section 8 vouchers.
Chicago Fair Housing Ordinance
- Stronger protections for renters in Chicago.
- Applies to all landlords in the city – no exceptions.
- Prohibits retaliation against tenants who report SOI discrimination.
Cook County Human Rights Ordinance
- Covers all rental properties in Cook County (except owner-occupied buildings with 6 or fewer units).
- Mandates landlords accept housing vouchers and other legal income sources.
- Forces landlords to process applications fairly, even if a portion of the rent is paid through a subsidy.
How to Prove Source of Income Discrimination
If you were denied housing, treated unfairly, or harassed because of your income source, you’ll need strong evidence to prove your case. Here’s what to gather:
1. Written Communication from the Landlord
- Emails, text messages, or letters where the landlord states they don’t accept Section 8 or other sources of income.
- Rental listings that say “No Section 8”, “Employment income only”, or similar language.
2. Recordings or Notes of Conversations
- If the landlord tells you over the phone or in person that they don’t accept housing vouchers, write down the exact words, date, time, and location.
- If possible, record the conversation (Illinois is a two-party consent state, so you must get their consent).
3. Rental Applications and Rejections
- Save a copy of your completed rental application.
- If you were denied, ask for a written reason. If they refuse, document their refusal.
4. Proof of Different Treatment
- If a landlord accepts other tenants but denies you, even though you meet all qualifications, take note.
- If a landlord raises the security deposit or rent for voucher holders, document it.
5. Testimony from Other Tenants or Witnesses
- If other tenants have faced the same discrimination, get their statements.
- Witnesses who overheard discriminatory comments can provide written or recorded statements.
6. Rental Listings or Advertisements
- Screenshots of online listings that say “No vouchers” or similar language.
- Printed rental flyers that discriminate based on income source.
How to File a Complaint
If you have evidence of Source of Income discrimination, you can file a complaint with the appropriate agency.
Step 1: Choose the Right Agency
- Illinois-wide: Illinois Department of Human Rights (IDHR)
- Chicago only: Chicago Commission on Human Relations (CCHR)
- Cook County only: Cook County Commission on Human Rights (CCCHR)
Deadline: Complaints must be filed within a certain time period of the discrimination.
Step 2: Investigation Process
- The agency reviews your complaint and evidence.
- The landlord must respond.
- You may be asked for more documents or a formal statement.
Step 3: Mediation or Settlement (Optional)
- The agency may offer mediation to settle the case without a hearing.
- You and the landlord may agree on compensation or corrective action.
Step 4: Administrative Hearing
- If no settlement is reached, the case goes to an administrative hearing.
- You present evidence and witnesses, and the landlord must defend their actions.
- The commission decides whether the landlord violated the law.
Potential Damages and Remedies
If you win your case, you may be entitled to:
- Compensation for damages, including emotional distress and moving costs.
- A court order requiring the landlord to rent to you.
- Fines and penalties against the landlord.
- Punitive damages in cases of extreme discrimination.
Why You Should Take Action Now
Many landlords wrongfully refuse tenants based on their income source because they assume tenants won’t fight back. But these laws exist to protect you, and taking action can:
- Hold landlords accountable for their discrimination.
- Help you secure housing that you are legally entitled to.
- Prevent landlords from doing the same thing to others.
If you believe you’ve been a victim of Source of Income discrimination in Illinois, Chicago, or Cook County, contact our law firm today. We can help you gather evidence, file a complaint, and fight for your rights.