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Practice Of Real EstateFair_housingEASY

After the Illinois Department of Human Rights (IDHR) issues a substantial-evidence finding in a housing discrimination case, which of the following best describes the complainant's available options?

Correct Answer

A) The complainant may proceed administratively before the Illinois Human Rights Commission or file suit in circuit court, with the Attorney General representing the IDHR in circuit court.

Under 775 ILCS 5/7A-102(D), once the IDHR issues a substantial-evidence finding, the complainant has the right to elect between two forums: an administrative hearing before the Illinois Human Rights Commission or a civil action in circuit court. When the matter proceeds to circuit court, the Attorney General represents the Department. This dual-path structure is a core feature of Illinois fair housing enforcement.

Answer Options
A
The complainant may proceed administratively before the Illinois Human Rights Commission or file suit in circuit court, with the Attorney General representing the IDHR in circuit court.
B
The complainant must accept a mandatory settlement negotiated by the IDHR; neither an administrative hearing nor a court filing is permitted at that stage.
C
The complainant's only option is to file a federal complaint with HUD, because a state substantial-evidence finding transfers jurisdiction exclusively to the federal level.
D
The complainant may only pursue the matter before the Illinois Human Rights Commission; circuit court is not an available forum for state fair housing claims.

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Related Topics & Key Terms

Key Terms:

difficulty_1enforcementenforcement_penaltiesfair_housingfair_housing_enforcement_and_remediesihrcillinois_statescenario

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