Housing Discrimination Report

by Emmett Sanders, Intern, formerly incarcerated resident

with Danielle Chynoweth, Supervisor

Imagine if you were to read on a rental application “Are you black?” What if you were to
see the question “Are you now or have you ever been involved a same sex relationship?” How
about “Do you believe in God?”
Few people in the City of Urbana would have difficulty recognizing these questions as
discriminatory; many would identify them as offensive and inappropriate to ask when
determining a person’s right to rent. Fortunately, Urbana has a Human Rights Ordinance that
makes these sort of questions illegal. However, the enforcement of this ordinance is sorely
lacking and needs concerted focused and attention.
Along with race, sexual orientation, and religion, in Urbana, it is illegal to discriminate
against someone based on previous arrest or conviction. Those with justice involvement are
due the same protections as other marginalized populations in regards to housing and
employment within the City of Urbana. Unfortunately, recent research into housing
applications has uncovered a host of landlords and rental companies operating within the
boundaries of Urbana that ask potential tenants if they have a criminal conviction.
Some may say the presence of the question on the application does not equate to
discrimination, that they may still be able to rent from this company. To these people, I say
“Are you Black?”
Let us be clear: ​The question itself is discrimination.​ ​Sec.12-64(a)(5) of the Human Right
Rights Code clearly states it is an unlawful practice:
“to make, print or publish, or to cause to be made printed or published any notice,
statement or advertisement, with respect to a transaction, or proposed transaction, in
real property, or financing related thereto, which notice, statement or advertisement
indicates or attempts to indicate any preference or limitation.”
Further, discrimination is defined in Sec.12-39 as​ “any practice or act which is
unlawfully based wholly or partially”​ on certain characteristics of protected groups. People
with convictions are specifically listed as a protected group. The practice of asking this question
is based wholly on individuals having conviction records. There is no benefit to asking this
question. No one is asking it to offer a reduced rate on rent or to forgo charging the applicant a
deposit. Moreover, facing over 48,000 forms of legal discrimination, people with convictions
are so used to being discriminated against​ ​that the presence of the question can encourage

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them to self-screen and not apply. The sole purpose of this question is to discriminate against
people with system involvement.
The presence of the question on the application is discriminatory​. However, many of
the discriminatory actors go far beyond simply asking this discriminatory question. As is the
case with ​Colony Property Management​ ​which explicitly states on their application ​"NO
Criminal Background,"​ often, landlords and rental companies will explicitly state on their
applications that felony conviction ​will ​result in denial. There is no ambiguity here. They are
violating the law.
Often, the discrimination is just as arbitrary as it is overt. This can be seen in the case of
Campustown Management​​ which asks applicants about misdemeanors, or ​The University
Group​ ​which asks applicants to reveal systems-involvement people may have had as juveniles.
HERE​, a rental property in Champaign, imposes a ban for seven years, though the Champaign
Human Rights Ordinance only allows for a five year restriction. Perhaps the starkest example of
the arbitrary nature of this discrimination can be found in​ ​Eastland Apartments​​’ application
which imposes for people convicted of certain offenses a period of disqualification that ​“shall
commence with the end of the applicant’s latest incarceration, probation, or parole and cease
at the end of a period equal to said period of the combined incarceration, probation, and
parole.”
This policy is not only illegal and illogical, it is effectively double jeopardy as it imposes
an additional sentence on top of the one a resident has already served, barring residents from
the essential need for housing.
Enacted in 1975, the Urbana Human Rights Ordinance is one of the first of its kind in the
country. It has been in place for decades, as has the means to enforce it. The Human Relations
Commission has the directive to investigate discrimination within the City of Urbana. They may
compel discriminatory actors to appear and provide documents for inspection and may compel
compliance with the Human Rights Ordinance. Should discriminatory actors fail to comply, the
Human Rights Commission has the authority and indeed the responsibility under Sec. 12-103(a)
to
​“...certify the matter to the city attorney for enforcement proceedings.”
The city attorney, in turn
“shall institute, in the name of the City of Urbana, civil proceedings, including the
seeking of such restraining orders and temporary or permanent injunctions, as are
necessary to obtain complete compliance with the commission’s orders.”
Some may say, and indeed some have, that there is a lack of complaints filed with the
Human Rights Commission in relation to systems-impacted people being unlawfully
discriminated against in regards to housing. This is not incorrect. Since 2008, there has only
been one such complaint filed. There are, however, several points that need to be considered
here.
Firstly, more could be done to educate either the people who may be discriminated
against or those responsible for the discrimination about the illegality of these practices.

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Additionally, there has been little outreach to inform impacted people of any recourse that may
be available to them. The lack of education is compounded by the fact that Champaign does not
offer the same protection to systems-impacted people, but explicitly excludes them from
protection under that city’s Human Rights Ordinance. Likewise, the Housing Authority screens
for criminal convictions. Although both Champaign and the Housing Authority have started to
roll back discriminatory policies. The proximity of these two cities both geographically and
socially and the lack of uniformity in laws creates confusion as to what is and isn’t allowed in
each city. Finally, the societal stigma surrounding incarceration coupled with the multitude of
restrictions and state-sanctioned forms of discrimination systems-impacted people face
conditions them to accept illegal discrimination, and not pursue these matters, even when the
violation is egregious.
In regards to education surrounding this issue, the Urbana Human Rights Commission is
charged with the task of outreach. Section 12-23 states:
“The commission may aid in the formation of local community groups in such
neighborhoods as it may deem necessary or desirable to carry out specific programs
designed to lessen tensions or​ improve understanding in the community.”
Further, the Human Rights Commission is charged with the responsibility not simply to respond
to complaints of discrimination, but to actively s​ eek out discriminatory actors.​
Sec.12-22.(b)(8) states the Human Rights Commission has the imperative to: ​
“​Initiate investigations​ ​into areas of possible discrimination​ which might come to the
attention of the commission ​although there is no individual complaint.”
​It goes on to state:
“The human relations commission​ may initiate action​, including formal mediations
and recommendations to the council for formal action, to end any discrimination it
may find as a result of these investigations.”
Lack of filed complaints does not denote a lack of a problem, nor does it absolve the
commission from its directive to seek out and confront discriminatory practices and violations
of the human rights ordinance.
I have compiled a list of landlords and rental companies whose applications contain
discriminatory language and questions. I have also begun exploring sample leases from various
companies and have found a number of them which violate either the Human Rights Ordinance
or the Landlord-Tenant Ordinance.
The following is a list of twenty-two companies whose applications have been found to
be discriminatory. All of these operate and have property within the City of Urbana. All are in
direct violation of the Urbana Human Rights Ordinance as it pertains to systems-impacted
people. I have attached a list citing at least one property within the city of Urbana owned by
each company, as well as the discriminatory question and/or statement taken directly from
their applications. (See Table 1).

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 Bankier Apts Element on Main Apts.
Hughes Real Estate Inc One North
BMI Management Fairlawn Real Estate
Joe Allen Properties One South
BZ Management Green Street Realty
Joel Ward Homes Ramshaw Real Estate
Campustown Rentals H&L Property Management LLC
Kennedy Wilson Properties Town & Country Apartments
Colony Property Management Willow Springs Condos
Klatt Properties Universi​ty Group
Eastland Apts.
Neves Group

Further, though my primary focus has been been rooting out the discrimination levied at
systems-impacted and formerly incarcerated people, I have uncovered a number of violations
of this ordinance in relation to other protected spheres. Other protected spheres into which
inquiries are being made include: Marital Status, Matriculation (This includes not only inquiries
into an applicant’s student status, but in some cases, degree of education, going so far as to ask
permission to contact educational institutions attended), Sources of Income (inquiries as to
student loans, grants, social security and other government benefits and more), and inquiries
into the number of children an applicant has. One egregious example of the last is​​ Eastview
Apartments​​ in Urbana whose lease states:
“The Premises may not be occupied by more than 2 persons, consisting of 2 adults and
no children​, unless the prior written consent of the Landlord is obtained.”
Essentially, this lease states that the tenant may not have (or birth) children without written
consent of the landlord. An entire separate report is warranted on the face and impacts of
other forms of discrimination.
I have included with this report a list of companies that have violated these other protected
spheres as well. (see Table 2)

Recommended Actions
What needs to be done to ensure that landlords follow Urbana law so that households can rent
without discrimination? Our recommendations are as follows:
1. Notices should be sent to all violators of the Urbana Human Rights Ordinance to cease
and desist all discriminatory practices​. All comments and questions regarding criminal
background and other protected categories must be removed from marketing materials
applications.

2. Additional efforts should be made to educate both landlords and those who may find
themselves the victims of discrimination​. This needs to be both direct, in which

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 landlords and rental companies are contacted and informed of the Human Rights
Ordinance, and indirect effort in which a stepped up campaign for public education and
outreach is implemented. Low cost ideas for outreach include:
a. Direct mail and email​: Annual rental registration mailings must include
information about housing discrimination and inform landlords of an
enforcement campaign. Email can be used to deliver these through community
channels.
b. Public service announcements​: PSAs on UPTV, community and commercial radio,
MTD bus ads, poster campaign, city facebook posts and advertisements.
c. Educational presentations​: Presentations to the landlord associations, business
associations, neighborhood associations, ministerial alliances,

3. To ensure that what is now overt discrimination does not simply become more invisible,
The Human Rights Commission should implement regular testing of rental companies
and landlords within the City of Urbana, as well as tenant and community surveys​.
Fair housing testing for discrimination has a solid track record of identifying and
curtaining discrimination. Started in the 1960s, testing was approved by the Supreme
Court in 1982 and implemented at the federal level in 1991, when the Civil Rights
Division established the Fair Housing Testing Program within its Housing and Civil
Enforcement Section.

4. The Human Rights Commission should reach out to other community-based programs
and systems-impacted people and organizations to gather information about the “face
and place of discrimination” and ensure full awareness of any discrimination issues that
might be occurring. The HRC should work cooperatively with these groups to lessen the
practice of discrimination. Groups to reach out to include FirstFollowers, WIN Recovery,
the Reentry Council, Champaign County Health Care Consumers, Ministerial Alliances,
and others.

Table 1. Discriminatory Applications, Urbana Property, and Direct Language

This table represents point-in-time data from early 2019 that illustrates that rental
management companies and owners operating in Urbana are clearly and flagrantly violating the
Human Rights Ordinance provision ​Sec.12-64(a)(5) banning advertisement that excludes
protected classes.

"Criminal Background – Applicant could not have been convicted

of forcible felony or a felony drug conviction for sale,
manufacture or distribution or illegal drugs unless the person
1106 W has lived outside of prison for 5 consecutive years without being
Stoughton convicted of an offence involving force, violence, or drug
Bankier Apts. Ave activity."
501 W "Do you or any of the members of your household have pending
BMI California criminal charges, or ever been convicted of, plead guilty or no
Management Ave. contest to, any criminal offense(s) or had any criminal offense(s)

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 other than traffic infractions that were disposed of other than by
acquittal or a finding of "not guilty"?"
"Have you ever been convicted of a forcible felony or felony
related to the possession, manufacture, or sale of any controlled
703 E substances within the past five years? ; Have you been released
BZ Colorado from the penitentiary within the past five years for a conviction
Management Ave of such an offense?"
"If in the past, you have any felony criminal convictions or
currently serving felony-deferred adjudication, misdemeanor
criminal convictions or serving misdemeanor deferred
adjudication, or a case pending for the following, you will be
denied: 1- Theft of property, injury to person, damage to
property. 2- Violence, Drug Violation, Sexual Offenses. 3 -
Campustown 702/704 W. Attempted felony or misdemeanor offenses related to said
Rentals Elm violations."
Colony
Property 2502 S "NO Criminal Background"; Have you ever been convicted of a
Management Anderson felony?
(Disqualification) "Only felony conviction records for the
following types of offenses will be considered. Violent crimes,
including any which were committed while in possession of a
deadly weapon. Crimes of a sexual nature – there will be no time
constraints in disqualification as defined below. Crimes against
persons or property, including but not limited to theft, burglary,
or arson. Crimes of drug manufacturing, distribution, or felony
possession with intent to distribute. The disqualification shall
commence with the end of the applicant’s latest incarceration,
1905 N probation, or parole and cease at the end of a period equal to
Eastland Apts. Cunningham said period of the combined."
"I understand the scope of the investigation may include, but
will not be limited to the following: Character References, Hard
Inquiry to pull Consumer Credit History (in compliance with the
Fair Credit Reporting Act), Criminal Records, Civil Court Records,
Element on 502 W. Main Current and Past Residence Verifications, Social Security Trace,
Main Apts. st. Driving Records and additional services."
Fairlawn Real 300-600 E "Have you ever been convicted of a crime?; if yes, please
Estate Fairlawn Dr explain"
Green Street 1004 S Smith
Realty Rd Will you allow a police record check
H&L Property 1507 E
Management Washington
LLC st "Have you ever been convicted of a felony? If yes, what for?"

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Hughes Real 1905 B
Estate Inc Florida Ave "Have you ever been convicted of crime?"
Joe Allan
Properties 305 W Park "Have you ever been convicted of a felony?"
"The undersigned authorizes Joel Ward Homes, Inc, a licensed
real estate broker, to investigate his or her housing, credit,
financial, civil or criminal records and employment references
with appropriate individuals, institutions and credit bureaus. I
understand that Joel Ward Homes, Inc and its licensees are not
my agents in a leasing transaction and that the credit report fee
Joel Ward 1104 S paid by me is not refundable, and that my application may or
Homes Orchard may not be accepted."
Kennedy
Wilson
Properties 209 N Coler "Have you ever been convicted of a felony?"
"You further direct and authorize Klatt Properties to obtain from
any​ law enforcement agency​, present or past employer or
supervisor, landlord, finance bureau/office, credit bureau,
collection agency, college, university or other institute of
learning or certification, private business, military branch or the
national personnel records center, personal reference and/or
other persons, and authorize the same to give records or
information that they may have concerning your ​criminal
history​, motor vehicle/driving history, earnings history, credit
history, character, general reputation, personal characteristics,
mode of living, employment records, record of attendance and
earned degrees or certificates, or any other information
requested, whether the said records are private or public, and
including those which may be deemed to be privileged or
confidential in nature and you irrevocably and unconditionally
release all such persons, including any named or unnamed
Klatt 712 W informant, from any liability resulting from the furnishing of this
Properties California information."
307 W Elm
Neves Group #4 "Have you ever been convicted of a felony?"
1601 N "Have you ever been convicted of a felony or an adjudication
One North Lincoln Ave withheld or deferred?*"
1321 N "Have you ever been convicted of a felony or an adjudication
One South Lincoln Ave withheld or deferred?*"
Ramshaw Real 1105 W "Will you allow a criminal background check?; Have you ever
Estate Main been convicted of a crime?"

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 "Applicants that are approved for an application "over-ride", due
to substantial credit, Criminal history, Borderline income, or any
combination thereof, will be required to pay a refundable
security deposit equal to 1 month rent PLUS an additional,
non-refundable, $500 High Risk Fee."; "Have you ever been
convicted for possession, use, or sale of any illegal substance?;
Have you ever been convicted of a felony?; Have you ever been
Town & 1032 E Kerr convicted of a sexual offense?; Have you ever been convicted of
Country Apts Ave. a felony?"
Have you plead to or been convicted of any felony or any
University 305 N. misdemeanor dealing with alcohol, gangs, children, or violence
Group Lincoln Ave (this includes juvenile crime in the same categories)
Willow Springs 1600 Willow "Have you ever been convicted of a felony? This does not
Condos View Rd disqualify the approval process *"

Table 2. Other Violations

COMPANY VIOLATED PROTECTED SPHERE

Element On Main Marital Status
Green Street Realty Student Status
H&L Properties Source of Income
Klatt Properties Student Status (Educational degrees)
One North Source of Income
One South Source of Income
Town & Country
Apartments Marital Status and Source of Income
Snyder Property
Management Children
Bailey Apartments Student Status
Amber Pointe
Apartments Student Status
Gillespie PropertiesStudent Status
JSM Apartments Student Status
Student Status (Ask for permission to contact educational institutions),
Parkside Apartments Source of Income, Children (Asks about foster Children)
Eastview
Apartments Children (Requires written permission for children to reside at property)
Lincolnshire
Properties Marital Status, Source of Income

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