House & Apartment

In Cook County, the Just Housing Amendment (JHA) limits when a person's criminal record can be considered in real estate Property consisting of land or buildings like a house or an apartment transactions. This includes prohibiting landlords from discriminating against potential or current tenants. To report suspected violations, file a complaint with the Cook County Commission on Human Rights.

The JHA applies to all “real estate transactions,” including the sale, rental, lease, or sublease renewal of residential properties. Read this flyer from the Uptown People's Law Center and watch this video on What you need to know about Just Housing in Cook County for more information. (Note: the video is in English, with Spanish subtitles available.)

The Cook County Commission on Human Rights also shares useful information about the JHA in:

• Frequently Asked Questions for Landlords and
• Frequently Asked Questions for Applicants.

To learn even more about the Just Housing Amendment, read the text of the amendment and the rules for enforcing it.

The Cook County Just Housing Amendment (JHA) applies to all “real estate Property consisting of land or buildings like a house or an apartment transactions,” including the sale, rental, lease, or sublease renewal of residential properties.

Except for certain convictions for sex offenses, Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling the JHA:

• Prohibits denying a housing application based on juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. or adult Any person 18 years old or over arrest records,
• Limits the consideration of an applicant's criminal history to the last three years, and
• Requires landlords to perform an “individualized assessment” before denying housing based on criminal history.

Landlords can refuse to rent to applicants who are:

• Restricted on where they can live because of a past conviction When someone is declared guilty of a crime by a court for a sex offense, or
• Required to register because of a past conviction for a sex offense.

Criminal history includes any information about a person’s:

• Convictions,
• Arrests, dismissed Cases dismissed with no further action anticipated. charges, or citations that did not result in a conviction, When someone is declared guilty of a crime by a court
• Juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. records,
• Sealed or expunged records,
• Records of an offense that has been pardoned, or
• Participation in a diversion Includes juveniles sent to the facility in lieu of adjudication as part of a diversion agreement. or deferral of judgment An official decision by a court that ends the dispute between parties program.

Yes, Cook County landlords must give applicants information about how they select tenants. If they consider convictions, the assessment must be related to protecting the personal safety of other tenants or property. Housing providers cannot make these decisions based on stereotypes about people with conviction When someone is declared guilty of a crime by a court records.

Before accepting applications, a landlord An owner of property who rents it out to a tenant who plans not to rent to people with past convictions for sex offenses Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling or people required to register as sex offenders may state that as part of the application criteria. The landlord must also inform the applicant that they have the right to:

• Tell the landlord about wrong information on their criminal background check, and
• Provide evidence Anything used to show that something is true of their “rehabilitation,” such as letters and other documents.

Review sample notices for more information on how this is done. 

Finally, the landlord must provide a copy of the Just Housing Amendment rules.

The landlord may not take an application fee until all this information is given.

Prequalification means screening a potential tenant A person who rents a space to determine whether they meet criteria such as income, rental history, credit score, and pets. 

In Cook County, landlords and property managers cannot ask applicants about their criminal record during prequalification. The landlord An owner of property who rents it out to a tenant must decide whether to allow the applicant to continue the application process based on other information and notify the applicant if they plan to run a criminal background check. See a sample Notice to Applicants for Background Screening.

During prequalification, Cook County landlords and property managers cannot base any decisions on criminal history. Examples of unlawful discrimination include:

• Asking people to check a box on the application if they have a criminal record,
• An ad or sign that suggests criminal record discrimination, such as "no felons," "no convicted drug dealers," or "no arrest history,"
• Changing the price, terms, conditions, or privileges of a rental agreement due to criminal history,
• Refusing to allow a person to see a property for sale or rent, or saying the property is no longer available, based on the person's criminal history, or
• Offering to buy property based on the fact that its value is going down because people with a criminal record are moving in (“blockbusting”).

If a landlord or property manager decides not to move forward with an applicant after prequalification, they must provide written notice to the applicant. See a sample Notice of Denial after Pre-Qualification.

If an applicant has passed prequalification, the landlord An owner of property who rents it out to a tenant has the option to look at their conviction When someone is declared guilty of a crime by a court (s) from within the past three years before approving the lease. The Just Housing Amendment does not require landlords to conduct criminal background checks.

If the landlord decides to review criminal history, they must perform an “individualized assessment." This means considering the applicant as a whole before rejecting them. This assessment can only look at convictions in the past three years, except for past convictions for sex offenses Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling or the requirement that a person register as a sex offender.

Within three days of receiving a criminal background check, the landlord must give a copy to the applicant:

• By hand,
• Through certified mail, A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered or
• Through electronic communication (like email or text message).

The landlord must otherwise keep the background check confidential. The tenant A person who rents a space has 5 business days to dispute any information in the report. They can also argue that the information is not relevant to their ability to be a good tenant.

Review the Cook County Commission on Human Rights' Process and Individualized Assessment Tool for more information on how an individualized assessment is done.

During the individualized assessment, the landlord An owner of property who rents it out to a tenant must consider the following relevant factors:

• The conduct that led to the conviction, When someone is declared guilty of a crime by a court
• How severe the conduct was,
• How recent the conduct was,
• The sentence,
• The number of convictions,
• The amount of time since the most recent conviction,
• The applicant’s age at the time of the most recent conviction,
• The applicant’s history as a tenant, A person who rents a space
• Whether the conviction was related to the applicant’s disability, A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. and
• If the applicant has a disability, whether the landlord could make a reasonable accommodation A change to a location or job that will help a person with a disability for them.

The landlord must also consider the applicant’s conduct since the conviction. They must consider whether it shows the applicant’s conduct has improved. This is called “evidence Anything used to show that something is true of rehabilitation,” and it includes:

• Following the rules of their sentence,
• Certificates of good conduct,
• Employer recommendations,
• Education or job training,
• Treatment, and
• Letters from people who have been around the applicant since their conviction.

The landlord must focus on whether the evidence shows that the applicant is likely to follow the rules of the lease.

The landlord An owner of property who rents it out to a tenant must tell the applicant their decision within three business days of receiving information from the applicant disputing the report, or arguing it is not relevant to their ability to be a good tenant. A person who rents a space A denial based on an applicant's criminal record must be in writing. The written denial also must:

• Explain why denial is necessary to protect against risk of harm to personal safety or property, and
• Include a statement informing the applicant that they can file a complaint A written statement to start a lawsuit that says what the defendant did with the Cook County Commission on Human Rights.

If the applicant has a disability, A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. the decision must be based on objective evidence. Anything used to show that something is true It must also be based on a decision that the risk cannot be reduced or removed by making a reasonable change to accommodate them. See a sample Notice of Right to Dispute Accuracy or Relevance and Notice of Individualized Assessment.

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