Land Use & Zoning

Illinois municipalities must comply with the Illinois Human Rights Act in their zoning and land use decisions, which means that:

AMunicipalities may deny permits based on the expected ethnic composition of proposed housing

BZoning decisions cannot discriminate against protected classes or have a discriminatory disparate impact without legitimate justification✓ Correct

COnly residential zoning is subject to civil rights requirements

DFederal approval is required for all rezoning decisions in Illinois

Explanation

Municipalities making zoning decisions must comply with fair housing laws and cannot make decisions that discriminate against protected classes or have an unjustified discriminatory disparate impact. For example, a municipality cannot deny permits for multi-family housing (which would be affordable for protected classes) based on pretextual concerns without legitimate planning justifications.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Net Operating Income (NOI)

The annual income generated by an income-producing property after subtracting operating expenses, but before debt service.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Fair Housing Act

Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.