Bill Status of HB 4768   103rd General Assembly

Short Description:  LANDLORD RETALIATION ACT

House Sponsors
Rep. Will Guzzardi-Maura Hirschauer-Justin Slaughter-Lilian Jiménez-Anne Stava-Murray, Yolonda Morris, Jawaharial Williams, Barbara Hernandez, Emanuel "Chris" Welch, Carol Ammons and Theresa Mah

Senate Sponsors
(Sen. Karina Villa, Natalie Toro, Adriane Johnson, Robert Peters, Javier L. Cervantes, Rachel Ventura, Mary Edly-Allen, Laura M. Murphy, Emil Jones, III, Lakesia Collins and Mike Simmons)


Last Action  View All Actions

DateChamber Action
  8/9/2024HousePublic Act . . . . . . . . . 103-0831

Statutes Amended In Order of Appearance
New Act
735 ILCS 5/9-106.4 new
765 ILCS 720/Act rep.

Synopsis As Introduced
Creates the Landlord Retaliation Act. Declares that it is against the public policy of the State for a landlord to take retaliatory action against a tenant. Prohibits a landlord from knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening to bring a lawsuit against a tenant for possessing or refusing to renew a lease or tenancy because the tenant has in good faith has taken certain actions, including but not limited to (i) complaining of code violations applicable to the premises to the relevant governmental agency responsible for enforcement of a building, housing, health, or similar code; (ii) complaining of a building, housing, health, or similar code violation, or an illegal landlord practice to a community organization or the news media; or (iii) complaining or requesting the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement. Creates remedies for violation by a landlord including damages, punitive damages, or recovering possession of the premises. Creates an affirmative defense under the Code of Civil Procedure in eviction actions if a landlord violates the Landlord Retaliation Act. Repeals the Retaliatory Eviction Act. Makes other changes.

Senate Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/9-106.4 new

Replaces everything after the enacting clause with the engrossed bill and these changes. Deletes changes to the Code of Civil Procedure. Provides that the tenant may file an action seeking a 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. Deletes punitive damages as a remedy for the tenant for a violation of this Act. Provides that an action is not retaliatory if the landlord can prove (i) a legitimate, non-retaliatory basis for the action; or (ii) the landlord began the action before the tenant engaged in the protected activity. Provides that the rebuttable presumption does not arise if the protected tenant activity was initiated after the alleged act of retaliation.

Actions 
DateChamber Action
  2/5/2024HouseFiled with the Clerk by Rep. Will Guzzardi
  2/6/2024HouseFirst Reading
  2/6/2024HouseReferred to Rules Committee
  2/14/2024HouseAssigned to Housing
  3/6/2024HouseAdded Co-Sponsor Rep. Yolonda Morris
  3/6/2024HouseAdded Co-Sponsor Rep. Jawaharial Williams
  3/7/2024HouseAdded Chief Co-Sponsor Rep. Maura Hirschauer
  3/7/2024HouseChief Co-Sponsor Changed to Rep. Maura Hirschauer
  3/7/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/21/2024HouseDo Pass / Short Debate Housing; 012-005-000
  3/21/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  4/10/2024HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
  4/10/2024HouseAdded Chief Co-Sponsor Rep. Lilian Jiménez
  4/10/2024HouseAdded Co-Sponsor Rep. Carol Ammons
  4/11/2024HouseSecond Reading - Short Debate
  4/11/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2024HouseAdded Chief Co-Sponsor Rep. Anne Stava-Murray
  4/16/2024HouseAdded Co-Sponsor Rep. Theresa Mah
  4/16/2024HouseThird Reading - Short Debate - Passed 062-042-002
  4/17/2024SenateArrive in Senate
  4/17/2024SenatePlaced on Calendar Order of First Reading
  4/17/2024SenateChief Senate Sponsor Sen. Karina Villa
  4/17/2024SenateFirst Reading
  4/17/2024SenateReferred to Assignments
  4/24/2024SenateAssigned to Judiciary
  4/30/2024SenateAdded as Alternate Co-Sponsor Sen. Natalie Toro
  4/30/2024SenatePostponed - Judiciary
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/7/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Karina Villa
  5/7/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/7/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2024SenateSenate Committee Amendment No. 1 Adopted
  5/8/2024SenateDo Pass as Amended Judiciary; 006-002-001
  5/8/2024SenatePlaced on Calendar Order of 2nd Reading May 9, 2024
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  5/8/2024SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
  5/9/2024SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  5/14/2024SenateSecond Reading
  5/14/2024SenatePlaced on Calendar Order of 3rd Reading
  5/15/2024SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/15/2024SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/17/2024SenateRule 2-10 Third Reading/Passage Deadline Established As May 24, 2024
  5/21/2024SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/21/2024SenateAdded as Alternate Co-Sponsor Sen. Lakesia Collins
  5/22/2024SenateThird Reading - Passed; 034-019-002
  5/22/2024SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  5/22/2024HouseArrived in House
  5/22/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/22/2024HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Will Guzzardi
  5/22/2024HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/23/2024HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Housing
  5/23/2024HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Housing; 011-002-000
  5/25/2024HouseSenate Committee Amendment No. 1 House Concurs 063-038-001
  5/25/2024HouseHouse Concurs
  5/25/2024HousePassed Both Houses
  6/21/2024HouseSent to the Governor
  8/9/2024HouseGovernor Approved
  8/9/2024HouseEffective Date January 1, 2025
  8/9/2024HousePublic Act . . . . . . . . . 103-0831

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