Immigration & Housing: A Chicago Association of REALTORS® Resource Guide

IMPORTANT NOTE – PLEASE READ:

This member resource is compiled by the Chicago Association of REALTORS®. This resource guide is not a substitute for legal or operational advice, and the Chicago Association of REALTORS® recommends contacting qualified legal counsel regarding ICE enforcement activities specific to your business or specific transactions.

About This Guide  

REALTORS® serve Chicago’s diverse communities and often support clients navigating complex personal and housing situations. From tenants and landlords to homeowners and business owners, REALTORS® may encounter moments in which immigration authorities are involved — whether at a client’s property, a listing or an open house.  

In these moments, it’s important to remember your role: you are a real estate professional. Your primary responsibility is to maintain professionalism and direct individuals to the appropriate resources that can provide accurate assistance. You are not a legal advisor and should not offer legal guidance or interpretation of immigration law.  

This guide is designed to help you:  
  1. Understand your professional boundaries when immigration-related issues arise;  
  2. Recognize when and how to refer clients to qualified legal or community resources; and  
  3. Uphold the REALTOR® Code of Ethics, particularly your commitment to fair housing and non-discrimination.  

By staying informed and prepared, you can continue to serve as a trusted resource to your clients and community, thus ensuring that every interaction reflects the integrity and compassion that define our profession.  

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Your Role & Ethical Obligations As A REALTOR®  

Real estate professionals and the people we serve depend on strong fair housing laws and practices for our communities and economy to thrive. The Chicago Association of REALTORS® fully supports the practice of equal opportunity and fair housing.

Other Resources: Please consult the referral resource directory (on this page) of verified third-party sources that can offer legal aid or direction regarding immigration services.  

The Code of Ethics  

As REALTORS®, you are members of the National Association of REALTORS® and are bound by NAR’s Code of Ethics.  

Per Article 10 of the Code of Ethics: REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Amended 1/23)  

REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Amended 1/23)  

The Law: The Illinois Human Rights Act  

The Illinois Human Rights Act is a state law that protects the people of the State of Illinois from discrimination in housing, employment, places of public accommodation, financial credit, and education.  

Effective January 2024, the Illinois Human Rights Act was expanded to provide protection against discrimination related to immigration status (source).  

Individuals who believe they have experienced discrimination in any of these situations can file a charge of discrimination with the Illinois Department of Human Rights (Department). If the Department finds evidence of discrimination, it will file a complaint with the Illinois Human Rights Commission, which will decide if discrimination occurred.  

Referral & Resource Directory  

We’ve compiled a list of verified third-party sources, categorized based on differing needs.  

Housing-Specific Resources for Property Owners, Landlords & Tenants  

We’re actively monitoring if any rental assistance programs are available for landlords or tenants affected by deportation proceedings. If you are aware of such programs, please contact us.  

General Resource for Knowing Your Rights & Legal Assistance  

City, State & Government Resources  

Safety & Professional Conduct Guidelines  

Your personal safety and the safety of your clients are important. As you conduct business, consider these scenarios and consult your office safety guides and best practices.  

Managing brokers and office managers, review your safety policies and guides, then ensure your agents are aware of their options and office protocols.  

Showings & Open House Safety  

  1. Is your seller comfortable leaving their home during showings? While it’s common practice for a seller to leave the home during a showing, reconsider market norms based on your clients’ comfort levels. If they prefer to stay, communicate that the seller will be home so buyers and their agents are aware and can plan accordingly.  
  2. Don’t feel safe hosting an open house right now? Speak with your managing broker about coverage options, co-hosting with a peer or shifting your marketing strategy to highlight virtual or appointment-only access. However, make sure you are providing each client equal professional services in accordance with Article 10 and to receive informed consent from your clients on how you show their property. 
  3. Do you feel unsafe conducting a showing? Reach out to your managing broker for temporary coverage or to reschedule.  
  4. Does your seller prefer to pause open houses? During your listing strategy conversations, discuss alternatives such as private or virtual showings. A seller’s comfort level should always guide the approach.  
  5. Does your buyer feel unsafe touring properties right now? Offer alternative options, such as virtual tours or recorded walkthroughs, to meet their comfort level.  
  6. If an immigration or government officer arrives unannounced, remain calm and professional. You are not required to provide immigration or government officer access if it violates the 4th Amendment of the Constitution. Immigration and government officers may be required to obtain a judicial warrant to enter private property. When in doubt, refer the situation to your managing broker or legal counsel. 

Office & Client Communication Safety  

  1. Remember your fiduciary duties and maintain privacy. Never share confidential client information, including immigration status, citizenship, or other personal details, without written consent from your client or if required by law.  
  2. Stay calm and factual. If contacted by an immigration official who requests client information, remain calm and do not provide false information. Ask the immigration official to identify themselves, record their details, and refer the matter to your managing broker and legal counsel before responding.  
  3. Foster an inclusive office culture. Reinforce to colleagues and staff that discrimination, stereotyping or jokes about someone’s background are never appropriate. Lead by example through professionalism and respect. 

Note:  

This resource guide will be updated as new information becomes available. Please check back regularly for further updates. Have additional resources to share? Contact us at membership@chicagorealtor.com