As more and more people use the internet to find rental housing,
purchase a home or condo, or acquire a home loan or homeowners'
insurance, it is important to remember that the fair housing laws apply
to both print advertisements and offers found on-line. Federal, state,
county, and local fair housing laws can sometimes be confusing - many
wonder what kinds of properties are exempt, who should they call when
they feel discriminated against, and exactly what kinds of behavior are
prohibited?
Federal fair housing laws prohibit discrimination in the rental and
sale of housing on the basis of a person's "protected class," which
means a person's race, color, religion, sex, national origin,
disability, or familial status (families living with minor children).
State, county, and/or local laws prohibit discrimination on the basis
of additional "protected classes" or categories, including but not
limited to age, marital status, disability, sexual orientation and
military status.
While there are numerous similarities between federal, state, county, and local laws (see 
Summary of Fair Housing Laws (48 KB) for a detailed comparison), there are two facts that deserve special attention while looking for housing on-line:
- Under the federal Fair Housing Act, it is illegal to make
discriminatory statements or publish discriminatory communications or
advertisements. While owner-occupied buildings of 4 units or fewer are
exempted from some provisions of the Fair Housing Act, all housing
providers are prohibited from making discriminatory statements, posting
discriminatory notices, or using discriminatory advertisements.
- The
Cook County Human Rights Act and the Chicago Fair Housing Ordinance
prohibit all housing providers - no matter how large or small the
property - from housing discrimination.
What does all of this mean? In short, no one is allowed to state a preference or a limitation based on race, color, religion,
sex, national origin or familial status, no matter how large or small the property.
Print and on-line advertising that expresses a preference or
limitation/exclusion based on race, color, religion, sex, national
origin, disability, or familial status (families living with minor
children) violates federal law. An ad that states "adults only"
violates the prohibition against familial status discrimination, as
does an ad that states "no kids." A landlord may not deny someone an
apartment because that person lives with a minor child. Also, an ad
that states "no Jews" would violate the ban on discriminatory
advertising, but so would an ad that states "Christian tenant desired."
If you have encountered a housing-related advertisement that
excluded you on the basis of your membership in a protected class,
please contact the Chicago Lawyers' Committee for Civil Rights.