Cal. Civ. Code § 3-102.5
Unlawful activity. The prohibition against the use of an arrest record under Section 3-102 shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises
Operative Text
Unlawful activity. The prohibition against the use of an arrest record under Section 3-102 shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises.
Under 775 Ill. Comp. Stat. 5 § 3-102.5, Illinois law generally restricts how arrest records can be used in housing decisions, but that restriction does not prevent property owners, real estate brokers, or others involved in real estate transactions from prohibiting tenants, household members, or guests from engaging in unlawful activity on the property. In other words, the arrest-record protection does not shield anyone from rules against actually committing illegal acts on the premises. The provision carves out a clear boundary between past arrest history and current or future conduct.
Plain English — not legal advice.
Property owners and managers operating under Illinois law should understand that 775 Ill. Comp. Stat. 5 § 3-102.5 preserves their ability to include and enforce lease provisions that prohibit unlawful activity on the premises, even while Section 3-102 limits the use of arrest records in tenant screening. A compliant operator typically drafts lease terms that address conduct standards for tenants, household members, and guests without relying on arrest history as a basis for housing decisions. Keeping these two concepts—past arrest records and current prohibited conduct—clearly separated in lease language and enforcement practices reflects the structure the statute establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Illinois benefit from protections under Section 3-102 that limit how landlords may use arrest records, but 775 Ill. Comp. Stat. 5 § 3-102.5 makes clear that those protections do not extend to shielding unlawful activity actually occurring on the premises. If a tenant believes a landlord is improperly invoking this exception to circumvent the arrest-record protections rather than address genuine conduct concerns, that distinction may be relevant to raise with a tenant-rights organization or housing advocate. Understanding the boundary between arrest-record use and conduct-based lease enforcement can help tenants evaluate whether a landlord's actions fall within or outside what the statute permits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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