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Practice Of Real EstateFair_housingHARD

After the Illinois Department of Human Rights (IDHR) completes its investigation and finds substantial evidence of housing discrimination, what procedural options are available to the complainant?

Correct Answer

B) The complainant may elect to proceed before the Illinois Human Rights Commission or file in circuit court, and the Illinois Attorney General represents the Department if the case goes to circuit court.

Under the Illinois Human Rights Act (775 ILCS 5/7A-102), when the IDHR finds substantial evidence of a civil rights violation, 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. This dual-path structure preserves the complainant's choice of forum. When the case proceeds to circuit court, the Illinois Attorney General represents the Department, as authorized under 775 ILCS 5/7A-102(D)(3).

Answer Options
A
The complainant must accept whatever remedy the IDHR investigator recommends, with no right to an independent hearing or court review.
B
The complainant may elect to proceed before the Illinois Human Rights Commission or file in circuit court, and the Illinois Attorney General represents the Department if the case goes to circuit court.
C
The IDHR forwards the file directly to the Illinois Real Estate Administration and Advisory Council, which then decides the appropriate penalty for the respondent.
D
The complainant must first exhaust a mandatory federal mediation process through HUD before any Illinois administrative or judicial forum becomes available.

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Key Terms:

difficulty_5enforcementenforcement_penaltiesfair_housingfair_housing_enforcement_and_remediesihrcillinois_statescenario

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