Ashton — Ch. 38 Human Relations § 38-35

Civil rights violations—Relating to disability

In Force
Verified 11/10/2026 · Next check 12/10/2026
AshtonReasonable Accommodations/Modifications

Operative Text

Ashton — Ch. 38 Human Relations § 38-35
(a) It is a civil rights violation to refuse to sell or rent or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of that buyer or renter, a disability of a person residing or intending to reside in that dwelling after it is sold, rented or made available or a disability of any person associated with the buyer or renter.
(b) It is a civil rights violation to alter the terms, conditions or privileges of sale or rental of a dwelling or the provision of services or facilities in connection with such dwelling because of a person's disability or a disability of any person residing or intending to reside in that dwelling after it is sold, rented or made available, or a disability of any person associated with that person.
(c) It is a civil rights violation to:
(1) Refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before modifications, reasonable wear and tear excepted. The landlord may not increase for persons with a disability any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained;
(2) Refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, fail to design and construct those dwellings in such a manner that:
a. The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability;
b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with a disability in wheelchairs; and
c. All premises within such dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installation of grab bars; and
4. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(d) Compliance with the appropriate standards of the state accessibility code for adaptable dwelling units (71 Ill. Admin. Code § 400.350(e)1--6) suffices to satisfy the requirements of subsection (c)(3)c of this section.
(e) If the village has incorporated into its law the requirements set forth in subsection (c)(3) of this section, compliance with such law shall be deemed to satisfy the requirements of that subsection.
(f) The village may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of subsection (c)(3) of this section are met.
(g) The department shall encourage, but may not require, the village to include, in its existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with subsection (c)(3) of this section, and shall provide technical assistance to the village and other persons to implement the requirements of subsection (c)(3) of this section.
(h) Nothing in this article shall be construed to require the department to review or approve the plans, designs or construction of all covered multifamily dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of subsection (c)(3) of this section.
(i) Nothing in subsection (e), (f), (g) or (h) of this section shall be construed to affect the authority and responsibility of the department to receive and process complaints or otherwise engage in enforcement activities under state and local law.
(j) Determinations by the village under subsections (e) and (f) of this section shall not be conclusive in enforcement proceedings under this article if those determinations are not in accord with the terms of this article.
(k) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.
State Law reference-- Similar provisions, 775 ILCS 5/3-102.1.
Source: Legislative text reproduced verbatim
Plain English

Ashton Ch. 38 § 38-35 prohibits housing discrimination based on disability at every stage of a housing transaction. Sellers and landlords cannot refuse to deal with someone, change their terms, or deny services because of a disability affecting the buyer, renter, a future resident, or an associated person. The provision also requires that reasonable modifications and accommodations be permitted, and that covered multifamily buildings constructed after March 13, 1991 meet specific accessible-design standards.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 38-35, compliant housing operators generally permit disability-related modifications at the tenant's expense and may require a reasonable restoration agreement, including an interest-bearing escrow for restoration funds, but may not raise the standard security deposit for persons with a disability. Operators also make reasonable accommodations in rules, policies, and services when needed for equal enjoyment of a dwelling. Owners of covered multifamily properties built for first occupancy after March 13, 1991 ensure accessible common areas, wide doorways, and adaptive-design features consistent with the Illinois accessibility code referenced in § 38-35(d).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 38-35 gives tenants with disabilities the right to request reasonable modifications to their unit and reasonable accommodations in policies or services without facing discriminatory terms or denial of housing. Tenants who believe a landlord has violated these protections may raise the violation as a defense in a housing proceeding, file a complaint with the relevant department under this article, or contact a tenant-rights organization for guidance on available options. The provision also protects people associated with a person who has a disability, broadening who may assert rights under § 38-35.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

IL Muni § 38-34
IL Muni § 38-32

Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

Source Information

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