Chicago Heights — Ch. 23 Human Relations § 23-85
Discrimination against the disabled
Operative Text
(a) In addition to those prohibited acts identified in section 23-39 and division 2, it shall also be unlawful to make an inquiry to determine whether an applicant for a dwelling; a person intending to reside in that dwelling after it is sold, rented or made available; or any person associated with that person has a disability or to make inquiry as to the nature or severity of a disability of such a person. (b) However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities: (1) Inquiry into the applicant's ability to meet the requirements of ownership or tenancy. (2) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability. (3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability. (4) Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance. (5) Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance. (c) 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 other individuals or whose tenancy would result in substantial physical damage to the property of others.
Chicago Heights Ch. 23 § 23-85 restricts who may ask about a person's disability status or the nature and severity of a disability in the context of housing applications. The rule makes such inquiries generally unlawful, whether directed at the applicant, a prospective resident, or someone associated with them. Narrow exceptions exist — such as inquiries made uniformly of all applicants regarding their ability to meet tenancy requirements, eligibility for disability-specific housing, or history involving controlled substances — and the rule does not require housing to be made available to someone who poses a direct threat to others or would cause substantial property damage.
Plain English — not legal advice.
Under Chicago Heights Ch. 23 § 23-85, compliant housing operators generally refrain from asking applicants or their associates whether they have a disability or about the nature and severity of any disability. When any permissible inquiry is made — such as asking about ability to meet tenancy requirements or about controlled-substance convictions — operators apply that inquiry uniformly to all applicants regardless of disability status. Maintaining consistent, documented screening criteria helps demonstrate that any permissible questions are not being used as a pretext for disability-based screening.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Chicago Heights Ch. 23 § 23-85 gives housing applicants the right not to be questioned about whether they have a disability or about its nature and severity during the application process. If a housing provider asks such questions outside the narrow exceptions listed in the provision, that conduct may constitute a violation of the city's human relations ordinance, and a tenant or applicant may have grounds to raise that violation through the Chicago Heights human relations complaint process or by consulting a fair housing or tenant-rights organization. Keeping records of any questions asked during the application process can be useful when exploring available remedies under § 23-85.
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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Rules and statutes that cite this regulation