Illinois Section 8, Records & Right to Counsel
Illinois rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves… 775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23)
The rules in Illinois
| Statewide ban on refusing Section 8 / source of income | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. Definition: https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K1-103.htm. |
|---|---|
| Eviction record sealing | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. No automatic sealing after a set time for ordinary judgments. The Illinois courts' self-help page offers statewide forms for a 'Motion to Remove Eviction Court File from Public Record': https://www.illinoiscourts.gov/self-help/eviction/ |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Illinois vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Illinois | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. 775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23) | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. 735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26) | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). 735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help |
| Indiana | No. Indiana has no statewide source-of-income protection, and local units may not adopt or enforce an ordinance that requires (or has the effect of requiring) a landlord to participate in Section 8 or a similar housing program. IC 36-1-3-8.5 | Yes. Automatic: if the eviction case is dismissed (including for failure to prosecute), judgment is for the tenant, or a judgment against the tenant is overturned on appeal, the court must on its own motion order the records not disclosed and sealed/redacted. By tenant motion: if judgment was against the tenant and the money judgment has been satisfied, or no money judgment was entered and at least 7 years have passed, the court shall order nondisclosure (possibly without a hearing). Older cases (outcomes before July 1, 2022 or July 1, 2025) can be sealed by verified petition with the tenant's name, date of birth, address, case number, grounds, and a sworn statement that no money judgment is outstanding. IC 32-31-11-3, -4 (P.L.164-2022; amended P.L.128-2025) | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. IC 32-31-10 (checked) |
| Iowa | No. Iowa has no statewide source-of-income protection, and since Jan. 1, 2023 cities and counties may not adopt or enforce ordinances barring landlords from refusing to rent to someone because they use a federal Housing Choice Voucher (existing local ordinances became void). Iowa Code §364.3(16) (cities); §331.304(13) (counties) | No statute — the 2026 Iowa Code's forcible entry and detainer chapter (ch. 648) contains no sealing or record-removal provision. Bills to seal dismissed/defendant-won cases (HF 548, 2023) and to allow later sealing of nonpayment cases (HSB 261, 2025 study bill) were not found in the enacted Code. Iowa Code ch. 648 (section list checked) | No statewide right to counsel in eviction cases was found in Iowa Code ch. 648 or ch. 562A. Iowa Code ch. 648; ch. 562A (checked) |
| Kentucky | No. There is no statewide protection, and since 2024 local governments may not adopt or enforce ordinances that bar landlords from refusing to rent to someone whose rent is paid in part with a federal housing assistance program (e.g., Section 8 vouchers). This overrides the Louisville and Lexington source-of-income ordinances to the extent they cover federal housing assistance. KRS 65.874 (2024 Ky. Acts ch. 3, sec. 1, HB 18; emergency, veto overridden) | Not verified yet | No statewide right to counsel in eviction cases was found in KRS Chapter 383. KRS Chapter 383 (checked) |
| Missouri | No. Missouri has no statewide ban on refusing voucher holders. Since 28 Aug 2025, cities and counties (including charter governments) are also barred from enacting, keeping, or enforcing ordinances that stop landlords from refusing tenants whose rent is paid partly with federal or other housing assistance. Local ordinances protecting recipients of veterans' benefits remain allowed. RSMo 441.043.2(1), .4 (as amended by L. 2025 H.B. 595 & 343) | No statute found. No section of RSMo Chapters 441, 534 or 535 provides for sealing, masking, or expunging eviction court records. RSMo Ch. 441, 534, 535 (section lists reviewed) | No statewide right to counsel in eviction cases found. RSMo Ch. 441, 534, 535 (no counsel provision) |
| Wisconsin | Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation) | No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. Wis. Stat. 758.20(2) | No statewide right to counsel in eviction cases. Wis. Stat. ch. 799 |
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Compare section 8, records & right to counsel in all 50 states and DC →
Illinois Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Illinois?
Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. (775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23))
Can an eviction record be sealed or removed in Illinois?
Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. (735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26))
Do tenants have a right to a free lawyer in eviction cases in Illinois?
No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). (735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.