Rochelle — Ch. 58 Human Relations § 58-34
Exemptions
Operative Text
This article shall not apply to: (1) Private sales of single-family homes. Any sale of a single-family home by its owner so long as the following criteria are met: a. The owner does not own or have a beneficial interest in more than three single-family homes at the time of the sale; b. The owner or a member of his family was the last current resident of the home; c. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; d. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of 775 ILCS 5/3-102(F). (2) Apartments. Rental of a housing accommodation in a building which contains housing accommodations for not more than five families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations. (3) Private rooms. Rental of a room or rooms in a private home by an owner if he or a member of his family resides therein or, while absent for a period of not more than 12 months, if he or a member of his family intends to return to reside therein. (4) Occupancy restrictions. Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Religious organizations. A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. (6) Sex. Restricting the rental of rooms in a housing accommodation to persons of one sex. (7) Persons convicted of drug-related offenses. Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the federal Controlled Substances Act (21 USC 802). (8) Appraisers. Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals. (9) Housing for older persons. No provision in this article regarding familial status shall apply with respect to housing for older persons. a. As used in this section, "housing for older persons" means housing: 1. Provided under any state or federal program that the state department of human rights determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by persons 55 years of age or older and: i. At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; ii. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subsection (9)a.3.; and iii. The housing facility or community complies with rules adopted by the department for verification of occupancy, which shall provide for verification by reliable surveys and affidavits, and include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subsection (9)a.3.ii. above. These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. b. Housing shall not fail to meet the requirements for housing for older persons by reason of: 1. Persons residing in such housing as September 11, 1989, who do not meet the age requirements of subsection (9)a.2. or 3. of this section; provided that new occupants of such housing meet the age requirements of subsection (9)a.2. or 3. of this section; or 2. Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of subsection (9)a.2. or 3. of this section. c. A person shall not be held personally liable for monetary damages for a violation of this article if the person reasonably relied, in good faith, on the application of the exemption under this subsection (9) relating to housing for older persons. For the purposes of this subsection (9)c., a person may show good faith reliance on the application of the exemption only by showing that: 1. The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and 2. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.
Rochelle Ch. 58 Human Relations § 58-34 carves out specific categories of housing transactions and arrangements from the city's fair-housing article. These exemptions cover situations such as qualifying private single-family home sales, small owner-occupied rental buildings, private room rentals, age-restricted senior housing, and certain religious-organization housing, among others. Where an exemption applies, the anti-discrimination requirements of the article do not govern the transaction or arrangement, though the exemption's own qualifying conditions must still be satisfied.
Plain English — not legal advice.
Property owners and managers operating under one of the categories listed in § 58-34 — such as a small owner-occupied building of five or fewer units, a qualifying senior housing community, or a religious-organization property — generally document that every condition of the applicable exemption is met before relying on it. For the senior-housing exemption in particular, compliant operators maintain written policies, conduct occupancy verification surveys, and obtain formal written statements confirming eligibility, because § 58-34(9)(c) ties the good-faith liability shield directly to those documented steps. Operators who cannot satisfy each element of a claimed exemption remain subject to the full requirements of the article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 58-34 defines the boundaries of Rochelle's fair-housing protections by listing situations where the article's anti-discrimination rules do not apply, so understanding whether an exemption legitimately covers a housing situation is important for anyone who believes they have experienced discrimination. If a landlord claims an exemption — for example, the small-building or senior-housing carve-out — a tenant can examine whether the specific qualifying conditions stated in § 58-34 are actually met, since an improperly claimed exemption does not strip away the article's protections. Tenants who believe an exemption is being misapplied may consider raising the issue as a defense or complaint through local human-relations channels or by consulting a tenant-rights organization familiar with Rochelle's ordinance.
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.
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