Cal. Civ. Code § 3-106

Exemptions. Nothing contained in Section 3-102 shall prohibit: (A) Private Sales of Single Family Homes. (1) Any sale of a single family home by its owner so long as the following criteria are met:

In Force
Verified 9/18/2026 · Next check 9/25/2026
effective 8/15/2025IllinoisRent Regulation

Operative Text

Cal. Civ. Code § 3-106
Exemptions. Nothing contained in Section 3-102 shall prohibit:
(A) Private Sales of Single Family Homes.
(1) 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 3 single family homes at the time of the sale; (b) The owner or a member of the owner's 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 paragraph (F) of Section 3-102. (2) This exemption does not apply to paragraph (F) of Section 3-102. (B) Apartments. Rental of a housing accommodation in a building which contains housing accommodations for not more than 4 families living independently of each other, if the owner resides in one of the housing accommodations. This exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. 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 12 months, if the owner or a member of the owner's family intends to return to reside therein. This exemption does not apply to paragraph (F) of Section 3-102.
(D) Reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(E) 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.
(F) Sex. Restricting the rental of rooms in a housing accommodation to persons of one sex.
(G) 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 U.S.C. 802).
(H) 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 or source of income in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building with 4 or fewer units (including the unit in which the owner resides) from making decisions regarding whether to rent to a person based upon that person's sexual orientation.
(I) Housing for Older Persons. No provision in this Article regarding familial status shall apply with respect to housing for older persons.
(1) As used in this Section, "housing for older persons" means housing: (a) provided under any State or federal program that the Department determines is specifically designed and operated to assist elderly persons (as defined in the State or federal program); or (b) intended for, and solely occupied by, persons 62 years of age or older; or (c) intended and operated for occupancy by persons 55 years of age or older and: (i) at least 80% 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 subparagraph (c); and (iii) the housing facility or community complies with rules adopted by the Department for verification of occupancy, which shall: (aa) provide for verification by reliable surveys and affidavits; and (bb) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (2) Housing shall not fail to meet the requirements for housing for older persons by reason of: (a) persons residing in such housing as of the effective date of this amendatory Act of 1989 who do not meet the age requirements of subparagraph (1)(b) or (c); provided, that new occupants of such housing meet the age requirements of subparagraph (1)(b) or (c) of this subsection; or (b) unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph (1)(b) or (c) of this subsection. (3)(a) 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 (I) relating to housing for older persons. (b) For the purposes of this paragraph (3), a person may show good faith reliance on the application of the exemption only by showing that: (i) the person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption. (J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at residential real estate to rent any residential unit within the same building in which the child sex offender resides to a person who is the parent or guardian of a child or children under 18 years of age.
(K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by State or federal law.
(L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income or immigration status in a real estate transaction in compliance with State or federal law.
(M) Immigration Status. Inquiry into or the use of immigration status if the inquiry or use is in compliance with State or federal law.
Footer
Disclaimer
This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster
ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies
ILGA.GOV
2026 ILGA.gov | All Rights Reserved | ADA
| Disclaimers | Learn
This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster
ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies
ILGA.GOV
2026 ILGA.gov | All Rights Reserved | ADA
| Disclaimers | Learn
enableWordFriendlyCopy({
selector: '#copyable-content',
baseUrl: 'https://ilga.gov/'
});
(function () {
const BASE_WIDTH = 578;
const isDev =
location.hostname === 'localhost' ||
location.hostname === 'dev.ilga.gov';
const log = (...args) => {
if (isDev) {
console.log(...args);
}
};
function applyBillScale() {
log('--- applyBillScale called ---');
const host = document.querySelector('#billtextanchor .billtext-host');
const scaleEl = document.querySelector('#billtextanchor .billtext-scale');
log('host element:', host);
log('scaleEl element:', scaleEl);
if (!host || !scaleEl) {
log('Missing host or scaleEl, exiting');
return;
}
const available = window.innerWidth;
log('available viewport width:', available);
let scale = 1;
log('initial scale:', scale);
if (available = 850 (desktop)');
}
log('calculated scale:', scale);
scaleEl.style.transformOrigin = 'top left';
scaleEl.style.transform = `scale(${scale})`;
log('transform:', scaleEl.style.transform);
const calculatedWidth = BASE_WIDTH * scale;
scaleEl.style.width = `${calculatedWidth}px`;
log('calculated width:', calculatedWidth);
}
log('Bill scaling script loaded. isDev =', isDev);
window.addEventListener('orientationchange', () => {
log('orientationchange event fired');
applyBillScale();
});
document.addEventListener('DOMContentLoaded', () => {
log('DOMContentLoaded event fired');
applyBillScale();
});
})();
(function () {
var s = document.createElement('script');
var h = document.querySelector('head') || document.body;
s.src = 'https://acsbapp.com/apps/app/dist/js/app.js';
s.async = true;
s.onload = function () {
acsbJS.init({
statementLink: '',
footerHtml: '',
hideMobile: false,
hideTrigger: false,
disableBgProcess: false,
language: 'en',
position: 'left',
leadColor: '#070D0D',
triggerColor: '#03396c',
triggerRadius: '50%',
triggerPositionX: 'left', // Change from 'right' to 'left'
triggerPositionY: 'bottom',
triggerIcon: 'people',
triggerSize: 'medium',
triggerOffsetX: 20,
triggerOffsetY: 20,
mobile: {
triggerSize: 'small',
triggerPositionX: 'left', // Change from 'right' to 'left'
triggerPositionY: 'bottom',
triggerOffsetX: 10,
triggerOffsetY: 10,
triggerRadius: '50%'
}
});
};
h.appendChild(s);
})();
document.addEventListener('DOMContentLoaded', function () {
document.querySelectorAll('button[onclick]').forEach(button => {
// Extract the href from the inline onclick
const onclick = button.getAttribute('onclick');
const match = onclick.match(/location\.href\s*=\s*['"]([^'"]+)['"]/);
if (!match) return;
const url = match[1];
// Remove the inline onclick to prevent auto navigation
button.removeAttribute('onclick');
// Add our controlled event listener
button.addEventListener('click', function (e) {
if (e.ctrlKey || e.metaKey) {
window.open(url, '_blank');
} else {
window.location.href = url;
}
});
});
});
Source: Legislative text reproduced verbatim
Plain English

Section 3-106 of the Illinois Human Rights Act (775 Ill. Comp. Stat. 5 § 3-106) carves out specific situations where the fair housing obligations of Section 3-102 do not apply. These exemptions cover scenarios such as private sales of single-family homes by small-scale owners, small owner-occupied rental buildings, owner-occupied private rooms, housing for older persons, and several other narrowly defined circumstances. Importantly, most exemptions explicitly do not extend to the advertising and notice provisions of Section 3-102(F), meaning discriminatory advertising remains prohibited even when the underlying transaction is otherwise exempt.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers should understand that 775 Ill. Comp. Stat. 5 § 3-106 provides limited, condition-specific exemptions from the fair housing requirements of Section 3-102 — not a broad license to discriminate. For example, an owner of a small building who lives on-site, or a private seller of a single-family home who meets all enumerated criteria, may qualify for an exemption, but only if every condition stated in the relevant subsection is satisfied. Compliant operators typically document their eligibility for any claimed exemption carefully and consistently refrain from discriminatory advertising regardless of which exemption they believe applies, since Section 3-106 preserves the advertising prohibitions of Section 3-102(F) across nearly all exemption categories.

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

For Tenants

Tenants who believe they have been denied housing should be aware that the exemptions listed in 775 Ill. Comp. Stat. 5 § 3-106 are narrow and conditional — a landlord's claim of exemption does not automatically mean fair housing protections are unavailable. For instance, even where an owner-occupancy exemption might apply to the rental decision itself, discriminatory advertising in connection with that same property is still prohibited under Section 3-102(F). Tenants who believe an exemption has been improperly claimed may consider filing a complaint with the Illinois Department of Human Rights or consulting a tenant-rights organization to understand available options.

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.

Effective Timeline

Current
Aug 15, 2025
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.21
HURRICANE KATRINA AND HURRICANE RITA TEMPORARY RELIEF PROGRAM
§ 5
Claim by foreclosing owner to set new use and occupancy rate
§ 2
Purpose