Cook County Just Housing Amendment Explained
All landlords in Cook County should know how the Just Housing Amendment (JHA) reshaped tenant screening. The ordinance went into effect on December 31, 2019, and enforcement began January 31, 2020. The JHA's Interpretive Rules — which spell out exactly how landlords must run their screening process — have been in force since shortly after, and they remain the governing standard today.
Before the JHA, Cook County landlords could ask applicants to disclose their criminal history before taking an application, and they could refuse to show or lease an apartment for rent solely on the basis of an applicant's criminal record. According to the civil rights advocates who supported the JHA, that kind of blanket housing discrimination led to greater recidivism, homelessness, and family instability, and was unfair to applicants who posed no risk to personal safety or property. The JHA doesn't require landlords to rent an apartment to just anyone with a criminal record, and certainly not to sex offenders — but it does require landlords to give applicants a fair chance, especially when the criminal background is limited to arrests, juvenile records, expunged or sealed records, or where the applicant can show evidence of rehabilitation.
Domu is not a lawyer nor a substitute for one, and we encourage landlords to consult an attorney about their tenant screening practices. The general guidance below explains how Cook County landlords are required to evaluate applicants under the JHA today.
How the Just Housing Amendment Changes Tenant Screening
At a minimum, Cook County landlords and brokers should be aware that under the JHA, it is unlawful to deny housing or change the terms of the rental agreement because of an arrest record, juvenile record, or a conviction that has been expunged, sealed, or pardoned. (See Section 42-38 of the Cook County Civil Rights Ordinance, which states that an applicant's "Covered criminal history" — meaning information about an "individual's arrest, charge or citation for an offense; participation in a diversion or deferral of judgment program; record of an offense that has been sealed, expunged, or pardoned . . . or juvenile record" — cannot be the basis of any "distinction, discrimination, or restriction in the price, terms, conditions, or privileges of any real estate transaction").
It also affects how landlords advertise rental listings in Cook County. Housing providers may not say "no felons," "no sex offenders," "no convicted drug dealers," "no criminal history," or "no arrest history" in their advertisements.
The JHA's Interpretive Rules also require landlords to disclose their tenant selection criteria — meaning the metrics used to evaluate whether an applicant qualifies for the housing — before accepting a rental application fee (see Section 720.140). Tenant selection criteria typically cover credit, income, and rental history standards. Disclosing these upfront, in writing, is a legal requirement under the JHA, not a courtesy.
Next, check your tenant screening form. If your application form asks applicants to disclose their criminal histories, replace it. Cook County landlords must pre-qualify tenants on credit, income, and rental history first. Only after the applicant passes that provisional review can the landlord notify them that they have pre-qualified and request a criminal background check.
Can Cook County Landlords Deny Housing Based on Criminal Records?
Generally, no — and there are firm limits on which records can even be considered. Under Section 730.130 of the JHA Interpretive Rules, landlords may not consider convictions that are more than three years old, with one major exception: no landlord is required to rent to a person with a conviction requiring current sex offender registration or current child sex offender residency restrictions. If the background check reveals that the potential tenant has a conviction triggering sex offender registration or residency restrictions, the landlord must provide the applicant with notice, within five days of receipt of the evidence of the conviction, of that evidence. The applicant must be given five days to dispute the accuracy of the conviction.
Some Cook County landlords initially opposed the JHA because it requires them to consider an applicant with a four-year-old conviction. But the Cook County Department of Human Rights and Ethics has determined that convictions older than three years (other than those requiring current sex offender registration or residency restrictions) do not demonstrate a "likelihood of harm to other residents' personal safety and/or likelihood of serious damage to property" (see Section 720.120 of the JHA Interpretive Rules), and therefore may not be considered.
Must a Landlord Rent to an Applicant with a Recent Conviction?
It depends. If the applicant's criminal background check reveals a conviction from the past three years, the housing provider must, within five days of receipt of the background check results, provide a copy of the criminal conviction record to the applicant. The housing provider must wait five days while the applicant disputes the conviction or presents evidence of mitigating circumstances. Then, within three days of receipt of the applicant's evidence, the housing provider must conduct an individualized assessment of whether the applicant poses a risk to personal safety or property.
Section 720.130 of the JHA Interpretive Rules requires landlords to consider: the nature and severity of the criminal offense and how recently it occurred, the nature of the sentencing, the number of the applicant's criminal convictions, the length of time that has passed since the most recent conviction, the age of the individual at the time of the offense, evidence of rehabilitation, and the individual's history as a tenant before or after the conviction. If the housing provider decides to deny housing, the landlord must provide the applicant with a written letter describing the reasons for the denial along with the address and phone number of the Cook County Commission on Human Rights.
Read more about the Human Rights Ordinance and find frequently asked questions about the JHA for landlords and applicants on Cook County's website.
The Key Takeaways:
- Housing providers in Cook County may not consider a history of arrests, juvenile records, or expunged, sealed, or pardoned records.
- Tenant screening must take place in this order: (a) disclose your tenant selection criteria to the applicant in writing, (b) pre-qualify the applicant without considering criminal history, (c) for those who pre-qualify, request a criminal history background check, (d) if the applicant has criminal convictions, give them an opportunity to dispute the accuracy and/or relevance of the records, (e) conduct an individualized assessment of any convictions from the previous three years (except for convictions that require current sex offender registration, which remain a lawful basis to deny housing). Housing providers must keep applicants' criminal histories confidential.
- Convictions more than three years old may not be considered — except for convictions that trigger current sex offender registration or residency restrictions.
Screen Tenants in the JHA-Compliant Order on Domu
The JHA's two-step requirement is the kind of compliance landlords get wrong most often — not from bad intent, but because the order matters and most national screening tools don't enforce it. Domu's tenant screening service was built to handle this exact workflow. Credit, income, and eviction history are surfaced first. The criminal background check unlocks only after your provisional approval. Reports come straight from TransUnion, the dashboard generates the necessary disclosures and notices, and there's no subscription, no per-report fee, and no requirement to list your unit on Domu.com to use it.
For Cook County landlords managing one unit or twenty, that compliance is built in from the first screen — not bolted on after the fact. Learn more about Domu's tenant screening, or download our JHA-compliant rental application form to start the process.
Disclaimer: The general information that Domu provides about Chicago landlord-tenant law is not intended as legal advice. Domu endeavors to provide accurate information, but the law is subject to change, and Domu is not a law firm or provider of legal services and makes no warranty regarding this information's accuracy, completeness, reliability or usefulness. This information is for informational purposes only. Questions about your particular leasing situation should be directed to a lawyer.
