Housing Discrimination on Basis of Criminal History Outlawed

August 15, 2023

2-Year Evaluation Released of Benefits of Cook County, Illinois, Ban of Housing Discrimination Based on Criminal History In 2019, Cook County enacted the Just Housing Amendment (JHA) to ensure equitable housing access for individuals with criminal records. The JHA thus helps these individuals obtain safe, stable, and affordable housing. The ordinance prohibits people who are selling or leasing housing units from soliciting criminal background information until an applicant has been determined to be otherwise qualified to occupy a residence. The Cook County Commission on Human Rights (CCCHR), which is responsible for protecting county residents and workers from discrimination and wage theft, subsequently amended its rules and regulations to include interpretive rules for JHA. Managed by the Cook County Commission on Human Rights (CCCHR), JHA employs a dual-phase screening process: applicants are initially evaluated based on non-criminal criteria, followed by a comprehensive criminal background check considering offense details and rehabilitation efforts. The CCCHR's commitment to fostering fairness is demonstrated by their proactive policy approach and continued assessments of the JHA's effectiveness. Learn more about how CCCHR enforces the JHA here. As part of its duties, CCCHR has prepared two annual evaluations of JHA and the commission’s interpretive rules. Enforcement data from the most recent evaluation in 2022 indicate that CCCHR has received a total of 38 complaints related to JHA violations. Of these complaints, 26 concerned improper denials based on criminal conviction history, and 12 concerned discriminatory advertisements that included illegal wording such as “no felons” and “no convicted drug dealers.” Twenty-seven of the complaints have been closed. Of the closed cases, 18 resulted in monetary awards totaling approximately $31,000 as well as training for housing providers, 2 cases resulted in the complainant being rehoused, and 7 complaints were withdrawn. The 2022 report also describes CCCHR’s outreach, training, and intragovernmental coordination meetings. One significant effort during the previous year was CCCHR’s incorporation of the two-step process into software that small landlords commonly use for applicant screening. With the updated software, CCCHR estimates that more than 7,000 housing applications per month will undergo JHA-compliant screening. Visit HUD User’s RBC In Depth page to learn more about Cook County's Just Housing Amendment, as well as other plans and initiatives that state and local governments have enacted to reduce impediments to affordable housing. ***** Sources: U.S. Department of Housing & Urban Development (HUD), HUD User. https://www.huduser.gov/portal/rbc/indepth.html. https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance.