Illinois Homeless Bill of Rights: Protections, Voting, and Remedies

The Illinois Homeless Bill of Rights, formally the Bill of Rights for the Homeless Act, is a 2013 state law that guarantees seven specific protections to anyone experiencing homelessness: freedom of movement in public spaces, equal treatment by state and local government, protection from certain employment discrimination, access to emergency medical care, the right to vote, confidentiality of shelter and service records, and the same privacy in personal belongings that housed people enjoy.¹ Illinois is one of only a handful of states with a dedicated statute of this kind, and it gives individuals the right to sue in court when those protections are violated.

The Seven Rights the Law Guarantees

Section 10 of the Act lists the protections. No person’s rights, privileges, or access to public services can be denied solely because of housing status.¹

Freedom of movement. The right to use and move freely through public sidewalks, parks, transportation, and buildings on the same terms as anyone else.
Equal treatment by government. State and municipal agencies must treat individuals equally regardless of housing status.
Employment protection. Employers cannot discriminate against a worker for lacking a permanent mailing address or for using a shelter or service provider as a mailing address.
Emergency medical care. Access to emergency treatment free from discrimination based on housing status.
Voting rights. The right to vote, register to vote, and receive identification documents needed for voting.
Confidentiality of records. Information shared with shelters and service providers is protected from disclosure to government or private entities without proper legal authority. This protection works alongside federal rules under HIPAA and the Violence Against Women Act.
Privacy in personal property. Belongings receive the same expectation of privacy as property stored in a permanent home.

That last right carries real weight on the street. Law enforcement generally cannot search or seize a homeless person’s belongings without the same legal justification required for searching anyone else’s property. A tent, a bag, or a storage container on a public sidewalk is not fair game simply because its owner lacks a roof.

What the Law Covers and What It Doesn’t

The Act’s antidiscrimination provisions are directed at state and municipal agencies, not private businesses. If a city office, a public hospital, or a state agency treats you differently because you lack housing, the Act is directly implicated.¹

Private businesses fall under a separate statute. The Illinois Human Rights Act prohibits anyone from denying full and equal enjoyment of a place of public accommodation based on protected characteristics, and it also bars public officials from denying full and equal enjoyment of facilities and services under their care. In a 2025 letter to public officials, the Illinois Department of Human Rights and the Illinois Office to Prevent and End Homelessness reminded municipalities that ordinances restricting access to public spaces can violate both the BRHA and the IHRA when they disproportionately target people experiencing homelessness.²

One boundary worth naming: the employment protection is narrower than people often assume. It stops an employer from discriminating against someone whose mailing address is a shelter, or who has no permanent address. It does not broadly prohibit hiring discrimination based on housing status, though bias in hiring could potentially be challenged under other civil rights frameworks.

Public Spaces After Grants Pass

In June 2024, the U.S. Supreme Court decided City of Grants Pass v. Johnson, holding that municipal bans on camping in public spaces do not violate the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court treated these ordinances as regulating a specific act rather than criminalizing the status of being homeless.³

That decision removed a federal constitutional limit that had previously restrained cities. Illinois state law, however, still provides protection the federal Constitution no longer guarantees. The Bill of Rights for the Homeless Act preserves the right to use and move through public spaces without discrimination based on housing status, and the IDHR’s 2025 letter warned that restrictive local ordinances may violate both the BRHA and the Illinois Human Rights Act.² The practical upshot is that Illinois cities have less latitude than cities in states without equivalent protections.

Voting Without a Permanent Address

Illinois election law makes clear that homelessness cannot prevent a person from registering to vote. A permanent home is normally required to establish residency for voting purposes, but the law carves out an exception: a homeless individual may use a shelter address, day shelter address, or even a private residence as a mailing address for voter registration, and that mailing address counts as the person’s residence for election purposes.⁴

Election authorities can set reasonable rules about where homeless voter registration takes place and which deputy registrars handle it, but they cannot use those rules to effectively block registration. The Bill of Rights for the Homeless Act reinforces the point by guaranteeing the right to vote and to obtain the identification documents needed to do so.¹

Suing or Filing a Complaint

The Bill of Rights for the Homeless Act creates a private right of action. That means an individual whose rights are violated can sue directly in state court. A court can award injunctive relief to stop the discriminatory conduct, declaratory relief clarifying the parties’ rights, actual damages for harm suffered, and reasonable attorney’s fees and costs to a successful plaintiff.¹

The fees provision matters. It means a lawyer can take a case knowing they will be compensated if they win, which opens representation to people who could not otherwise afford it. The first major test of the law came in 2016 with Henderson v. City of Chicago, filed by the Chicago Coalition to End Homelessness. The city’s motions to dismiss were defeated, and the case ultimately settled with monetary damages, attorney’s fees, and costs for the plaintiff.

A separate route runs through the Illinois Department of Human Rights. The BRHA itself does not authorize administrative complaints, but the Illinois Human Rights Act does. Anyone who believes they have been discriminated against by a public official or in a place of public accommodation can file a charge with IDHR. The deadline is two years from the incident for most claims, and one year for housing-related violations.⁵

You do not need a lawyer to file with IDHR. A Complainant Information Sheet can be submitted in person at IDHR offices in Chicago or Springfield (walk-ins accepted Monday through Thursday starting at 8:30 a.m.), by mail, or by email. Staff will interview you, determine whether your allegations fall within the Act’s coverage, and draft a formal charge if appropriate.⁵

Where to Get Legal Help

The Law Project at the Chicago Coalition to End Homelessness is the only legal organization in Illinois dedicated solely to representing people experiencing or at risk of homelessness. Operating since 1997, it handles cases involving school enrollment, public benefits access (including SNAP, Medicaid, and SSI), identification documents, family law, housing disputes, criminal record sealing, and civil rights discrimination. The intake line is 1-800-940-1119, Monday through Friday, 9 a.m. to 5 p.m.⁶

For housing discrimination specifically, HUD accepts complaints by phone at 1-800-669-9777 or through its online portal.⁷

1
Illinois General Assembly. Illinois Code 775 ILCS 45 – Bill of Rights for the Homeless Act
2
Illinois Department of Human Rights. IDHR and Illinois Office to Prevent and End Homelessness Issue Letter Safeguarding Civil Rights for Persons Experiencing Homelessness
3
Supreme Court of the United States. City of Grants Pass v. Johnson, 603 U.S. 520 (2024)
4
Illinois General Assembly. Illinois Code 10 ILCS 5/3-2 – Voter Registration for Homeless Individuals
5
Illinois Department of Human Rights. IDHR Charge Filing Process
6
Chicago Coalition to End Homelessness. Law Project
7
U.S. Department of Housing and Urban Development. Report Housing Discrimination