Naperville — Title 12 Human Rights and Fair Housing § 12-4-4
EXCEPTIONS:
Operative Text
The prohibitions in this Chapter shall not apply to any of the following: 1. Restricting rental or sale of a housing accommodation to an individual of a certain age group: 1.1. When such housing accommodation is authorized, approved, financed, or subsidized in whole or in part for the benefit of that age group by a unit of State, local, or Federal government; or 1.2. When the duly recorded initial declaration of a condominium or community association limits such housing accommodations to individuals fifty (50) years of age or older, provided that an individual or members of the household of an individual owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the individual or household member continues to own or reside in the housing accommodation. 2. Limitation by a religious organization, association, or society, or any not-for-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, of the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to such individuals. 3. Restricting the rental of rooms in a housing accommodation to individuals of one sex or gender. The determination of an individual's sex or gender shall be based upon the sex or gender of that individual as reflected on any official identification of that individual recognized by the State, including a driver's license or State identification card. 4. Rental of a room or rooms in a private home by an owner if the owner or a member of the owner's family resides therein or, while absent for a period of not more than twelve (12) months, if the owner or a member of the owner's family intends to return to reside therein.
Section 12-4-4 of Naperville's Title 12 Human Rights and Fair Housing chapter carves out specific situations where the chapter's general anti-discrimination prohibitions do not apply. These exceptions cover government-backed age-restricted housing, age-restricted condominiums or community associations recorded before a resident moved in, religious organizations limiting housing to members of their faith, single-sex room rentals in certain housing accommodations, and owner-occupied private homes where the owner or a family member lives (or intends to return within twelve months). Each exception is narrowly defined, meaning the broader fair housing protections remain in force for all situations not explicitly listed.
Plain English — not legal advice.
Property owners and managers operating under one of the categories described in § 12-4-4 should be able to clearly document which specific exception applies to their housing accommodation before applying any restriction. For example, an age-restricted community association should have its qualifying declaration duly recorded, and a religious organization should be able to demonstrate its non-commercial purpose and organizational affiliation. Operators who cannot point to a specific exception listed in § 12-4-4 remain subject to the full scope of the chapter's fair housing prohibitions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 12-4-4, tenants should be aware that the exceptions to Naperville's fair housing protections are limited and specific — a landlord cannot simply claim an exemption without meeting the provision's precise criteria. If a housing provider asserts one of these exceptions in a way that seems inconsistent with the narrow conditions described in § 12-4-4, tenants may consider raising that concern with a local fair housing organization or the appropriate municipal authority. Consulting a tenant-rights organization familiar with Naperville's Title 12 can help clarify whether a claimed exception legitimately applies to a given housing situation.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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