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Under the Illinois Human Rights Act, can a landlord deny housing based on an order of protection?

  1. Yes, if the order is against a family member

  2. No, that information cannot be used against the applicant

  3. Yes, if the tenant's ability to pay is affected

  4. No, only if the order is expired

The correct answer is: No, that information cannot be used against the applicant

The Illinois Human Rights Act prohibits discrimination based on various factors, including those related to orders of protection. When a tenant has an order of protection against a person, it often indicates that they are a victim of domestic violence, stalking, or similar situations that necessitate legal safeguards. Denying housing based on the existence of such an order would not only be discriminatory but could also expose the landlord to legal liabilities, as it undermines the protections afforded to vulnerable individuals under the Act. Therefore, information regarding an order of protection cannot be used to disadvantage the applicant in housing decisions, regardless of whether the order is against a family member or otherwise. Understanding this principle under the Illinois Human Rights Act is crucial for ensuring fair treatment in housing matters and safeguarding the rights of those who are in potentially dangerous situations.