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| Public Act 103-0831 | ||||
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AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 1. Short title. This Act may be cited as the | ||||
Landlord Retaliation Act. | ||||
Section 5. Prohibition on retaliatory conduct by landlord. | ||||
It is declared to be against public policy of the State for a | ||||
landlord to take retaliatory action against a tenant. A | ||||
landlord may not knowingly terminate a tenancy, increase rent, | ||||
decrease services, bring or threaten to bring a lawsuit | ||||
against a tenant for possession or refuse to renew a lease or | ||||
tenancy because the tenant has in good faith done any of the | ||||
following: | ||||
(1) complained of code violations applicable to the | ||||
premises to the relevant governmental agency, elected | ||||
representative, or public official charged with | ||||
responsibility for enforcement of a building, housing, | ||||
health, or similar code; | ||||
(2) complained of a building, housing, health, or | ||||
similar code violation or an illegal landlord practice to | ||||
a community organization; | ||||
(3) sought the assistance of a community organization | ||||
to remedy a code violation or illegal landlord practice; | ||||
(4) complained or requested the landlord to make | ||
repairs to the premises as required by a building code, | ||
health ordinance, other regulation, or the residential | ||
rental agreement; | ||
(5) organized or become a member of a tenants' union | ||
or similar organization; | ||
(6) testified in any court or administrative | ||
proceeding concerning the condition of the premises; or | ||
(7) exercised any right or remedy provided by law. | ||
Section 10. Remedies for violation of this Act. If the | ||
landlord acts in violation of this Act, the tenant has a | ||
defense in any retaliatory action against the tenant, and a | ||
landlord shall be subject to a civil action for damages and | ||
other appropriate relief, including, but not limited to, the | ||
following remedies: | ||
(1) terminate the rental agreement and, if the rental | ||
agreement is terminated, the landlord shall return all | ||
security and interest recoverable under the Security | ||
Deposit Return Act and all prepaid rent; | ||
(2) recover possession of the premises if the landlord | ||
has dispossessed, threatened to dispossess, or is in the | ||
process of dispossessing; and | ||
(3) recovery of an amount equal to and not more than 2 | ||
months' rent or 2 times the damages sustained by the | ||
tenant, whichever is greater, and reasonable attorney's | ||
fees. | ||
Section 15. Non-retaliatory actions. An action is not | ||
retaliatory if the landlord can prove a legitimate, | ||
non-retaliatory basis for the action; or the landlord began | ||
the action before the tenant engaged in the protected | ||
activity. | ||
Section 20. Rebuttable presumption. In an action by or | ||
against the tenant, if within one year before the alleged act | ||
of retaliation there is evidence that the retaliation was | ||
against tenant's conduct that is protected under this Act, | ||
that evidence creates a rebuttable presumption that the | ||
landlord's conduct was retaliatory. The presumption does not | ||
arise if the protected tenant activity was initiated after the | ||
alleged act of retaliation. | ||
(765 ILCS 720/Act rep.) | ||
Section 95. The Retaliatory Eviction Act is repealed. | ||