Cal. Civ. Code § 3-105
Restrictive covenants. (A) Agreements. Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin is void. (B) Limitations. (1) Every condition, restriction or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, color, religion, or national origin is void. (2) This Section shall not apply to a limitation of use on the basis of religion of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes. (C) Civil Rights Violations. It is a civil rights violation to insert in a written instrument relating to real property a provision that is void under this Section or to honor or attempt to honor such a provision in the chain of title
Operative Text
Restrictive covenants. (A) Agreements. Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin is void. (B) Limitations. (1) Every condition, restriction or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, color, religion, or national origin is void. (2) This Section shall not apply to a limitation of use on the basis of religion of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes. (C) Civil Rights Violations. It is a civil rights violation to insert in a written instrument relating to real property a provision that is void under this Section or to honor or attempt to honor such a provision in the chain of title.
Under 775 Ill. Comp. Stat. 5 § 3-105, any clause in an oral agreement, deed, or other real-property instrument that restricts the sale, transfer, encumbrance, occupancy, or lease of property based on race, color, religion, or national origin is legally void and unenforceable in Illinois. Beyond simply nullifying such clauses, the statute goes further: actively inserting, honoring, or attempting to enforce one of these discriminatory provisions constitutes a civil rights violation under Illinois law. A narrow exception exists for religious institutions or religiously affiliated charitable organizations that restrict use of their own property for religious or charitable purposes.
Plain English — not legal advice.
Property owners and managers operating under Illinois law should be aware that 775 Ill. Comp. Stat. 5 § 3-105 renders any deed restriction, covenant, or lease clause that limits occupancy or transfer on the basis of race, color, religion, or national origin not only unenforceable but also a potential civil rights violation. Compliant operators generally review their property documents—including older deeds that may carry legacy discriminatory language—and refrain from referencing or acting on any such provisions in the chain of title. Because inserting or attempting to honor a void provision is itself a violation, due diligence during property transactions typically includes confirming that no discriminatory conditions are being carried forward.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 775 Ill. Comp. Stat. 5 § 3-105, tenants and prospective occupants have a right to be free from any lease term, occupancy restriction, or property condition that discriminates on the basis of race, color, religion, or national origin—such provisions are void by law. If a landlord attempts to enforce or rely on such a restriction, that conduct itself constitutes a civil rights violation under Illinois law, which may open enforcement or complaint avenues. Individuals who believe this provision has been violated may consider contacting the Illinois Department of Human Rights, consulting a tenant-rights organization, or exploring other remedies available under the Illinois Human Rights Act.
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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