Bill
SB 1728
Prohibits using credit score/history, including insufficient credit, to discriminate in housing decisions by landlords, brokers, or others in real estate transactions.
Status and key dates
- Bill number: SB 1728 (Illinois)
- Introduced: Feb 5, 2025 (Sen. Mike Simmons)
- Passed both chambers: May 21, 2025
- Sent to Governor: May 22, 2025
- Signed by Governor / Effective date: Signed 6/20/2025 — Effective 9/1/2025
- Sponsors/co-sponsors: Mike Simmons, Carine Werner (primary listed); Sen. Willie Preston added as chief co-sponsor; additional cosponsors include Graciela Guzmán, Karina Villa, Mark L. Walker, Rachel Ventura.
- Related bill: HB 3882 (companion)
Purpose and intent
- SB 1728 amends the Illinois Human Rights Act (IHRA) by adding “credit score and history, including insufficient credit history” to the list of prohibited bases for discrimination in the Real Estate Transactions Article (775 ILCS 5/3-102). The stated intent (synopsis) is to make it unlawful to use credit information as a basis to discriminate in housing decisions, with the measure targeted to landlord–tenant agreements.
What the bill changes (key provisions)
- Adds “credit score and history including insufficient credit history” to Section 3-102 of the Illinois Human Rights Act, which governs unlawful practices in real estate transactions. As a result, it becomes a civil rights violation for an owner, broker, or other person, because of a person’s credit score or credit history, to:
- Refuse to engage in a real estate transaction (e.g., refuse to rent);
- Deny or alter terms, conditions, or privileges of a transaction (e.g., set different rent, security deposit, or lease terms);
- Refuse or fail to transmit or consider bona fide offers or negotiate;
- Misrepresent availability or refuse inspections;
- Publish discriminatory advertisements or use listings knowing discrimination is intended;
- Use criteria or methods that have the effect of discriminating on these grounds unless necessary to achieve a substantial, legitimate, non-discriminatory interest and no less discriminatory alternative exists.
- The bill explicitly includes “insufficient credit history” within the protected language.
Scope and limitations
- The statutory change is made within the Real Estate Transactions Article (Section 3-102). The bill’s synopsis indicates the change is limited to landlord–tenant agreements, though the statutory amendment inserts the protected basis into the real estate transaction provisions generally.
- Existing exemptions in Section 3-106 (private sales of single-family homes meeting specified criteria; owner-occupied small buildings; private-room rentals in owner-occupied homes; certain religious organization housing; housing for older persons; other enumerated exemptions) remain in the statute and are not changed by this amendment.
Who is affected
- Likely affected parties include landlords, property managers, rental housing providers, real estate brokers and salespersons, tenant screening vendors, and prospective tenants/renters — particularly applicants rejected or offered different terms based on credit score or lack of credit history.
- Enforcement mechanisms under the IHRA (complaints to the Illinois Department of Human Rights, investigation/conciliation, administrative hearings, civil remedies) would apply to alleged violations; SB 1728 itself does not create a separate enforcement regime.
Practical implications
- Landlords and brokers will need to review tenant-screening and leasing practices to avoid taking adverse actions solely on credit score/history or insufficient credit history, unless they can demonstrate a necessary, legitimate, non-discriminatory interest and lack of less discriminatory alternatives.
- Tenant screening companies and policies that impose rigid credit-score cutoffs may face increased legal risk; housing providers may need to adopt alternative risk-assessment methods (e.g., case-by-case underwriting, consideration of mitigating factors).
Note
- The bill text inserts the new protected ground into Sections 3-102 and confirms Section 3-106’s exemptions remain. Review of administrative guidance or regulations from the Illinois Department of Human Rights (after enactment) will be important to understand compliance specifics and enforcement practice.
Compiled from official sources — confirm details with the bill’s official record.
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