Hinckley — Ch. 38 Human Relations § 38-34

Handicap

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

Operative Text

Hinckley — Ch. 38 Human Relations § 38-34
(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 handicap of that buyer or renter, a handicap of a person residing or intending to reside in that dwelling after it is sold, rented or made available or a handicap 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 handicap or a handicap of any person residing or intending to reside in that dwelling after it is sold, rented or made available, or a handicap of any person associated with that person.
(c) It is a civil rights violation:
(1) To refuse to permit, at the expense of the handicapped person, 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 handicapped persons 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) To 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, to 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 handicapped persons;
b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons 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.
(4) Compliance with the appropriate standards of the Illinois Accessibility Code for adaptable dwelling units (71 Ill. Adm. Code 400.350 (e)1--6) suffices to satisfy the requirements of subsection (c)(3)c of this section.
(5) 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 (b)(3) of this section are met.
(6) 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.
Source: Legislative text reproduced verbatim
Plain English

Hinckley Ch. 38 § 38-34 prohibits discrimination in the sale or rental of housing on the basis of a person's handicap, including the handicap of someone associated with a buyer or renter. The rule bars changing the terms or conditions of a housing transaction because of a handicap, and it requires that landlords and sellers allow reasonable modifications and accommodations so that people with handicaps can fully use and enjoy their dwellings. Newly constructed covered multifamily buildings intended for first occupancy after March 13, 1991, must also meet specific accessible design and construction standards, and compliance with the Illinois Accessibility Code's adaptable dwelling unit standards satisfies those requirements.

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

Plain English — not legal advice.

For Property Managers

Under Hinckley Ch. 38 § 38-34, compliant housing operators generally permit reasonable modifications requested by a handicapped resident at that resident's expense, and may require a written description of the work, assurance that proper permits will be obtained, and a restoration agreement for rental units where restoration is reasonable. Operators do not increase security deposits for handicapped persons, though they may negotiate a separate interest-bearing escrow arrangement—with interest accruing to the tenant—to fund agreed-upon restorations. Operators also make reasonable accommodations in rules, policies, and services, and ensure that any covered multifamily construction meeting the post-March 13, 1991 threshold is designed and built to the accessibility standards referenced in the provision.

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

For Tenants

Hinckley Ch. 38 § 38-34 gives tenants and prospective buyers with handicaps the right to request reasonable modifications to their unit at their own expense and to seek reasonable accommodations in a landlord's rules or policies so they can equally use and enjoy their home. If a landlord refuses such a modification or accommodation, or alters rental terms because of a handicap, that conduct is identified as a civil rights violation under this provision. Tenants who believe their rights under § 38-34 have been violated may consider contacting a local fair housing organization, filing a complaint with a relevant civil rights or human relations body, or consulting a tenant-rights organization to understand available enforcement paths.

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

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References In

Rules and statutes that cite this regulation

IL Muni § 38-33

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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