Fair Housing Act Complaint - Illinois

COMPLAINT FOR HOUSING DISCRIMINATION — ILLINOIS HUMAN RIGHTS ACT AND FEDERAL FAIR HOUSING ACT

1. CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT, [________________________________] COUNTY, ILLINOIS

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF (HOUSING DISCRIMINATION)

1. Violation of the Illinois Human Rights Act (775 ILCS 5/3-102, 3-102.1);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604);
3. Interference, Coercion, or Intimidation (42 U.S.C. § 3617); and
4. Failure to Provide Reasonable Accommodation / Modification (where disability is alleged).

DEMAND FOR JURY TRIAL

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Illinois, and an "aggrieved party" within the meaning of 775 ILCS 5/10-101 and an "aggrieved person" under 42 U.S.C. § 3602(i). Plaintiff is a member of one or more protected classes identified below.

2.2. Defendant Owner / Landlord. Defendant [NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times was, the [owner / landlord / lessor] of the dwelling at [PROPERTY ADDRESS] ("the Property"), engaged in a "real estate transaction" within the meaning of 775 ILCS 5/3-101.

2.3. Defendant Manager / Agent / Lender. Defendant [NAME] is, and at all relevant times was, the [property manager / real estate broker or salesperson / mortgage lender / HOA] for the Property, acting within the course and scope of that agency.

2.4. Unknown Defendants. Plaintiff is presently unaware of the true names and capacities of additional persons responsible for the conduct alleged and will amend this Complaint when ascertained.

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has subject-matter jurisdiction under Ill. Const. Art. VI, § 9 and 775 ILCS 5/10-102, which authorizes an aggrieved party to commence a civil action in the circuit court for a civil rights violation arising under Article 3 of the Illinois Human Rights Act.

3.2. Concurrent federal jurisdiction. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes a civil action "in an appropriate United States district court or State court."

3.3. Personal jurisdiction. Defendants are subject to the personal jurisdiction of this Court under 735 ILCS 5/2-209 because they reside in, own property in, and/or transact business in Illinois, and committed the unlawful acts within this State.

3.4. Venue. Venue is proper in [________________________________] County under 735 ILCS 5/2-101 and 775 ILCS 5/8-111(B)(6) because the Property is located in this County and/or the unlawful conduct occurred here.

3.5. Direct circuit-court action (state counts). Pursuant to 775 ILCS 5/10-102(A)(3), Plaintiff may commence this civil action whether or not a charge has been filed with the Illinois Department of Human Rights ("IDHR"). [If a charge was filed: On or about [__/__/____], Plaintiff filed Charge No. [________] with IDHR.] This Complaint is timely filed within two (2) years of the occurrence or termination of the violation under 775 ILCS 5/10-102(A)(1), excluding any time an administrative proceeding was pending.

3.6. No exhaustion required (federal counts). The federal Fair Housing Act counts under 42 U.S.C. § 3613 do not require administrative exhaustion and may be brought directly in this Court.

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / applied for a mortgage on / inquired about] the dwelling at the Property.

4.2. Plaintiff is a member of the following protected class(es). Under 775 ILCS 5/1-103(Q) and Article 3, Illinois prohibits housing/real-estate discrimination on the basis of:

☐ Race
☐ Color
☐ Ancestry
☐ National origin
☐ Religion
☐ Sex (including sexual harassment)
☐ Pregnancy
☐ Sexual orientation (including gender-related identity)
☐ Marital status
☐ Order of protection status
☐ Age (40 and over)
☐ Military status / unfavorable military discharge
☐ Disability
☐ Arrest record
☐ Familial status
☐ Source of income (incl. Housing Choice/Section 8 vouchers) — effective January 1, 2023
☐ Immigration status — effective January 1, 2024 (in housing transactions)

4.3. Defendant(s) engaged in the following discriminatory housing practice(s):

☐ Refusal to rent or sell, or otherwise making housing unavailable (775 ILCS 5/3-102(A); 42 U.S.C. § 3604(a))
☐ Discrimination in the terms, conditions, or privileges of rental or sale (775 ILCS 5/3-102(B); 42 U.S.C. § 3604(b))
☐ Discriminatory notice, statement, or advertisement (775 ILCS 5/3-102(C); 42 U.S.C. § 3604(c))
☐ Representation that a dwelling is unavailable when it is in fact available (775 ILCS 5/3-102(D); 42 U.S.C. § 3604(d))
☐ Steering to or away from particular dwellings or neighborhoods
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (775 ILCS 5/3-102.1; 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the premises (775 ILCS 5/3-102.1; 42 U.S.C. § 3604(f)(3)(A))
☐ Harassment or creation of a hostile housing environment
☐ Retaliation, coercion, intimidation, or interference (775 ILCS 5/6-101; 42 U.S.C. § 3617)
☐ Source-of-income discrimination (e.g., "No Section 8") (775 ILCS 5/3-105.1)
☐ Other state-protected-class discrimination: [____]

4.4. Specifically, [DESCRIBE THE DISCRIMINATORY ACT IN DETAIL — what happened, who said or did what, when, and where].

4.5. [CHRONOLOGY — list each material event with dates, decision-makers, and witnesses.]

4.6. Similarly situated [applicants / tenants / purchasers] outside Plaintiff's protected class(es) were treated more favorably, as evidenced by [comparator evidence / tester evidence / statements].

4.7. Defendant's stated reason(s) for the adverse action, if any, are pretextual, and the true motivation was discrimination based on Plaintiff's protected characteristic(s).

Disability-Specific Allegations (if applicable)

4.8. Plaintiff has a disability within the meaning of 775 ILCS 5/1-103(I) and 42 U.S.C. § 3602(h), specifically: [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

4.9. On or about [__/__/____], Plaintiff requested the following reasonable accommodation or modification, necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling:

☐ Accommodation (change in rules, policies, practices, or services): [DESCRIBE]
☐ Modification (physical alteration of the dwelling): [DESCRIBE]

4.10. Defendant [denied the request / failed to respond / imposed unreasonable conditions / retaliated], without legitimate justification, in violation of 775 ILCS 5/3-102.1.

Harm

4.11. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered [denial of housing / increased housing costs / forced relocation / out-of-pocket losses / emotional distress, humiliation, and embarrassment / loss of housing opportunity], in amounts to be proven at trial.

5. COUNT I — ILLINOIS HUMAN RIGHTS ACT (775 ILCS 5/3-102, 3-102.1)

5.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

5.2. The Illinois Human Rights Act, 775 ILCS 5/3-102, makes it a civil rights violation to refuse to engage in a real estate transaction, to alter the terms or conditions of such a transaction, to make discriminatory statements or advertisements, or to misrepresent availability, on the basis of unlawful discrimination as defined in 775 ILCS 5/1-103(Q).

5.3. Source-of-income discrimination in real estate transactions is prohibited (775 ILCS 5/3-105.1), and the refusal of reasonable accommodations or modifications is a violation under 775 ILCS 5/3-102.1.

5.4. Defendant(s) violated the Act by [STATE THE PROHIBITED PRACTICE(S) CHECKED ABOVE] because of Plaintiff's [PROTECTED CHARACTERISTIC].

5.5. As a direct and proximate result, Plaintiff has suffered the damages described above and is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 775 ILCS 5/10-102(C).

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604)

6.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of a dwelling, and in the terms, conditions, privileges, services, and facilities connected therewith, because of race, color, religion, sex, familial status, national origin, or disability.

6.3. Defendant(s)' conduct constitutes one or more violations of 42 U.S.C. § 3604(a)–(f), including [refusal to rent or sell / discriminatory terms / discriminatory statements / misrepresentation of availability / failure to accommodate or permit modification].

6.4. Disparate-impact liability is cognizable under the Fair Housing Act. Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.5. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — INTERFERENCE, COERCION, OR INTIMIDATION (42 U.S.C. § 3617)

7.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

7.2. 42 U.S.C. § 3617 makes it unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of having exercised, rights granted or protected by the Fair Housing Act. Illinois law similarly prohibits retaliation (775 ILCS 5/6-101).

7.3. Defendant(s) coerced, intimidated, threatened, or interfered with Plaintiff by [DESCRIBE — e.g., retaliatory eviction, threats, harassment after a complaint or accommodation request].

7.4. Plaintiff is entitled to actual and punitive damages, injunctive relief, and attorney's fees and costs.

8. COUNT IV — FAILURE TO PROVIDE REASONABLE ACCOMMODATION / MODIFICATION (If Disability Alleged)

8.1. Plaintiff incorporates Paragraphs 1 through 4.11 as though fully set forth.

8.2. Under 775 ILCS 5/3-102.1 and 42 U.S.C. § 3604(f)(3)(A)–(B), it is unlawful to refuse to permit a reasonable modification of a dwelling, or to refuse to make a reasonable accommodation in rules, policies, practices, or services, when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.

8.3. Plaintiff's requested [accommodation / modification] was reasonable and necessary, and Defendant's refusal denied Plaintiff equal opportunity to use and enjoy the dwelling.

8.4. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation or modification), and attorney's fees and costs.

9. DAMAGES

9.1. Actual damages: out-of-pocket losses, increased housing and relocation costs, and other economic harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, mental anguish, embarrassment, anxiety, and loss of dignity.

9.3. Punitive damages: under 775 ILCS 5/10-102(C)(1) (circuit court action) and 42 U.S.C. § 3613(c)(1) (no statutory cap).

9.4. Civil penalties: available in IDHR/Illinois Human Rights Commission administrative proceedings and HUD administrative proceedings (42 U.S.C. § 3612) — not awarded in this private court action.

9.5. Attorney's fees and costs: under 775 ILCS 5/10-102(C)(2) and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages (including emotional distress) according to proof;
• B. For punitive damages under 775 ILCS 5/10-102(C)(1) and 42 U.S.C. § 3613(c)(1);
• C. For a declaratory judgment that Defendants' conduct violated the Illinois Human Rights Act and the federal Fair Housing Act;
• D. For injunctive relief, including an order to cease and desist the discriminatory practices, to make the requested accommodation/modification, and to adopt non-discriminatory policies;
• E. For reasonable attorney's fees and costs under 775 ILCS 5/10-102(C)(2) and 42 U.S.C. § 3613(c)(2);
• F. For pre- and post-judgment interest at the maximum legal rate; and
• G. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to 735 ILCS 5/2-1105, 775 ILCS 5/10-102, and the Seventh Amendment to the United States Constitution.

12. VERIFICATION

I, [PLAINTIFF NAME], certify, pursuant to 735 ILCS 5/1-109, that the statements set forth in this Complaint are true and correct, except as to matters stated on information and belief, and as to such matters I certify that I verily believe them to be true.

Executed on [__/__/____] at [CITY], Illinois.

[________________________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], ARDC No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [________________________________]

Email: [________________________________]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF to be served on the following parties by [method — personal service / mail / electronic service via the Illinois eFileIL system per Ill. S. Ct. R. 11]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

15. ILLINOIS PRACTICE NOTES

• Enforcing agencies. The Illinois Department of Human Rights (IDHR) investigates housing discrimination charges; the Illinois Human Rights Commission adjudicates them administratively. IDHR is a HUD-recognized substantially equivalent (FHAP) agency and operates under a work-sharing agreement with HUD.
• Administrative charge vs. court suit. Under 775 ILCS 5/10-102(A)(3), an aggrieved party may file a circuit-court civil action whether or not a charge has been filed with IDHR — unlike Illinois employment claims, housing claims under Article 3 do NOT require administrative exhaustion before suit. A complainant may instead (a) file a charge with IDHR within one year, then await a determination and elect a Commission hearing or a circuit-court action; or (b) proceed directly to circuit court. A party cannot file a circuit-court action once a Commission hearing officer has commenced a hearing on the record on the same complaint (775 ILCS 5/10-102(A)(4)).
• Limitations — state. A charge with IDHR must be filed within one (1) year of the last alleged discriminatory act. A circuit-court action under 775 ILCS 5/10-102(A)(1) must be commenced within two (2) years of the occurrence or termination of the violation; the two-year period is tolled while an administrative proceeding under the Act is pending.
• Limitations — federal. Under the federal FHA, an administrative complaint to HUD must be filed within one (1) year (42 U.S.C. § 3610(a)(1)(A)(i)), and a private civil action under 42 U.S.C. § 3613(a)(1)(A) must be filed within two (2) years of the occurrence or termination of the discriminatory practice.
• Remedies — state. In a circuit-court action under 775 ILCS 5/10-102(C), the court may award actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs. The Human Rights Commission may also impose civil penalties in administrative proceedings.
• Remedies — federal. 42 U.S.C. § 3613(c) authorizes actual damages, uncapped punitive damages, injunctive relief, and reasonable attorney's fees and costs.
• BROAD state-specific protected classes (flag). Illinois protects far more classes than federal law, including source of income (incl. Housing Choice/Section 8 vouchers, effective January 1, 2023), immigration status in housing transactions (effective January 1, 2024), sexual orientation including gender-related identity, order of protection status, marital status, age 40 and over, military status/unfavorable military discharge, and arrest record. Source-of-income protection is the most litigated recent addition; counsel should also check Cook County and City of Chicago human-rights ordinances, which may provide additional or overlapping protections.
• Strategic forum note. Adding federal counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. To anchor a case in state court and rely on the broad IHRA classes (e.g., source of income), counsel may plead state counts only.

16. SOURCES AND REFERENCES

• 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act, Article 3) — https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64
• 775 ILCS 5/3-101 (definitions) — https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-5-3-101/
• 775 ILCS 5/10-102 (circuit court actions; 2-year limitation; remedies) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K10-102
• IDHR — Source of Income Discrimination FAQ — https://dhr.illinois.gov/filing-a-charge/faq-home/faq-sourceincome.html
• IDHR — Fair Housing Rights Under Illinois Law — https://dhr.illinois.gov/filing-a-charge/faq-home/faq-section-vi.html
• 42 U.S.C. § 3604 (Fair Housing Act — prohibited practices) — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) — https://www.law.cornell.edu/uscode/text/42/3613
• 42 U.S.C. § 3617 (interference, coercion, intimidation) — https://www.law.cornell.edu/uscode/text/42/3617
• Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Illinois must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.