Cook County Prohibits Housing Discrimination Based on Criminal History

Cook County Prohibits Housing Discrimination Based on Criminal History

Cook County has adopted an ordinance and administrative regulations that limit how housing owners can consider criminal history when evaluating potential purchasers and tenants.

In 2019, the Cook County Board of Commissioners adopted the Just Housing Amendment (JHA), an ordinance providing equitable housing opportunities for individuals with criminal records. JHA provides a path to safe, stable, and affordable housing for individuals with a criminal history. The ordinance prohibits people who are selling or leasing housing units from soliciting criminal background information until an applicant has been determined to be otherwise qualified to occupy a residence. The Cook County Commission on Human Rights (CCCHR), which is responsible for protecting county residents and workers from discrimination and wage theft, subsequently amended its rules and regulations to include interpretive rules for JHA.

Part 700 of CCCHR’s rules establish a two-step screening process to fairly evaluate applicants seeking housing. The initial step is the prequalification stage, during which a housing owner assesses whether an applicant meets all application criteria, including income, rental history, credit score, and pet ownership. Based on these criteria, which cannot include information about an applicant’s criminal history, owners can either prequalify the applicant or deny the application. The second step involves conducting a thorough criminal background check on the prequalified applicants. If the background check reveals any convictions within the previous 3 years, a housing owner must perform an individualized assessment of the convictions and risk to personal safety and property before an applicant can be denied occupancy. JHA specifies that assessments can consider information such as the nature and severity of the crime, number of convictions, and whether individuals have completed job readiness training or educational achievements as evidence of rehabilitation. An applicant who disputes the accuracy of the background check may provide evidence to the owner, and if the owner’s assessment results in denying an application, an applicant may appeal that decision to CCCHR.

As part of its duties, CCCHR has prepared two annual evaluations of JHA and the commission’s interpretive rules. Enforcement data from the most recent evaluation in 2022 indicate that CCCHR has received a total of 38 complaints related to JHA violations. Of these complaints, 26 concerned improper denials based on criminal conviction history, and 12 concerned discriminatory advertisements that included illegal wording such as “no felons” and “no convicted drug dealers.” Twenty-seven of the complaints have been closed. Of the closed cases, 18 resulted in monetary awards totaling approximately $31,000 as well as training for housing providers, 2 cases resulted in the complainant being rehoused, and 7 complaints were withdrawn.

The 2022 report also describes CCCHR’s outreach, training, and intragovernmental coordination meetings. One significant effort during the previous year was CCCHR’s incorporation of the two-step process into software that small landlords commonly use for applicant screening. With the updated software, CCCHR estimates that more than 7,000 housing applications per month will undergo JHA-compliant screening.

In addition, the report discusses the results of CCCHR’s second survey, in which housing applicants, housing owners, representatives from nonprofits, and agency staff shared their experiences with, and understanding of, JHA and CCCHR’s interpretive rules. Based on the second survey, which produced three times more responses than the previous survey, CCCHR has concluded that it must continue to broaden awareness of JHA, expand enforcement efforts, and target new areas of enforcement and outreach. CCCHR also concludes that no changes to JHA or its interpretive rules are currently needed.

Click here to access the text of JHA and information about how it addresses regulatory barriers. Find more plans, regulations, and research that state and local governments can use to reduce impediments to affordable housing at HUD USER’s Regulatory Barriers Clearinghouse.

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