HB5156 103RD GENERAL ASSEMBLY

LRB103 38631 JRC 68768 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5156

Introduced 2/9/2024, by Rep. Norma Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Tenants' Right to Organize Act. Provides that tenants receiving tenant-based rental assistance in the form of partial rent subsidy from any county, municipal, State, or federal source have the right to establish, operate, and participate in a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development. Provides that tenants may not be retaliated against for asserting these rights. Requires housing authorities to: (i) recognize legitimate tenant organizations; (ii) solicit comments from all legitimate tenant organizations not less than once each year; and (iii) meaningfully respond in writing no later than 60 days after receiving a comment from a legitimate tenant organization. Requires each owner of a rental housing development that receives federal low-income housing tax credits (LIHTC) to: (1) recognize legitimate resident organizations; and (2) not retaliate against any tenant because of his or her association with a legitimate resident organization. Requires housing authorities and owners of LIHTC rental housing developments to allow tenants and tenant organizers to conduct, without having to obtain prior permission, certain activities related to the establishment or operation of a tenant organization, including distributing leaflets, convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants, and other activities. Provides that if a housing authority or owner of a LIHTC rental housing development takes adverse action against a tenant who is a member of a tenant organization, there shall be a rebuttable presumption that such adverse action is an act of retaliation. Requires the Illinois Housing Development Authority to establish enforcement protocols and annually submit reports to the General Assembly with data summarizing the number of outstanding tenant complaints and the average close time for tenant complaints. Provides that implementation of the Act is contingent on the enactment of the federal Tenants' Right to Organize Act.

A BILL FOR

AN ACT concerning housing.

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 Tenants' Right to Organize Act.

Section 5. Public policy. It is declared to be the public policy of this State that all members of a household, regardless of immigration status, who are receiving or benefiting from tenant-based rental assistance, have the right to decent, safe, stable, and sanitary housing and the right to organize for the purpose of addressing issues related to their living environment.

Section 10. Definitions. As used in this Section:

"Housing authority" has the meaning ascribed to that term in the Housing Authorities Act.

"Legitimate tenant organization" means an organization of 3 or more tenants receiving tenant-based rental assistance that has been established for the purpose as described in Section 15.

"LIHTC rental housing development" means a multifamily rental housing development that receives federal low-income housing tax credits.

"Low-income housing tax credit" or "LIHTC" means the federal low-income housing tax credit provided by 26 U.S.C. 42, including federal low-income tax credits issued pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4).

"Owner" means a person or entity that owns a dwelling unit occupied by a tenant who receives rental assistance.

"Tenant organizer" means a tenant or non-tenant who assists tenants in establishing and operating a tenant organization and who is not an employee or representative of current or prospective owners, managers, or their agents.

Section 15. Right to organize. Tenants receiving tenant-based rental assistance in the form of partial rent subsidy from any county, municipal, State, or federal source have the right to establish, operate, and participate in a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development. Tenants may not be retaliated against for asserting these rights.

Section 20. Housing authorities. Each housing authority shall:

(1) recognize legitimate tenant organizations;

(2) solicit comments from all legitimate tenant organizations not less than once each year; and

(3) meaningfully respond in writing no later than 60 days after receiving a comment from a legitimate tenant organization.

Section 25. Owners of LIHTC rental housing developments. Each owner of a LIHTC rental housing development shall:

(1) recognize legitimate resident organizations; and

(2) not retaliate against any tenant because of his or her association with a legitimate resident organization.

Section 30. Protections.

(a) Each housing authority and owner of a LIHTC rental housing development may not interfere with the right of tenants to establish and operate a legitimate tenant organization.

(b) Each housing authority and owner of a LIHTC rental housing development shall allow tenants and tenant organizers to conduct the following activities related to the establishment or operation of a tenant organization:

(1) distributing leaflets in lobby areas;

(2) placing leaflets at or under tenants' doors;

(3) distributing leaflets in common areas;

(4) initiating contact with tenants;

(5) conducting door-to-door surveys of tenants to ascertain interest in establishing a legitimate tenant organization and to offer information about tenant organizations;

(6) posting information on bulletin boards;

(7) assisting tenants to participate in tenant organization activities;

(8) convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants in a manner that is fully independent of management representatives. To preserve the independence of tenant organizations, management representatives may not attend such meetings unless invited by the tenant organization to specific meetings to discuss a specific issue or issues; and

(9) other reasonable activities related to the establishment or operation of a tenant organization.

(c) A housing authority or owner of a LIHTC rental housing development may not require tenants or tenant organizers to obtain prior permission before engaging in the activities permitted under this Section.

(d) If a housing authority or owner of a LIHTC rental housing development takes adverse action against a tenant who is a member of a tenant organization, there shall be a rebuttable presumption that such adverse action is an act of retaliation relating to the participation of the tenant in the tenant organization.

Section 35. Enforcement protocol. No later than one year after the effective date of this Act, the Illinois Housing Development Authority shall establish a protocol for the enforcement of this Act and such protocol shall:

(1) include an independent investigation of tenant and advocate allegations of abuse and retaliation;

(2) provide a mechanism for administrative complaints to be made and cataloged;

(3) keep tenants regularly informed about the progression of any complaint;

(4) prohibit the withholding of tenant-based rental assistance from any tenant that makes a complaint until such complaint is closed; and

(5) provide confidentiality where necessary, including in cases where alleged abuse is extreme and targeted.

In developing the enforcement protocol, the Illinois Housing Development Authority may use subcontractors to perform enforcement activities.

Section 40. Reports. The Illinois Housing Development Authority shall submit annually to the General Assembly a report that includes data summarizing for each housing authority and LIHTC rental housing development:

(1) the volume of outstanding tenant complaints;

(2) the average response time for an initial complaint; and

(3) the average time it takes to close a complaint.

Section 45. Notice requirement. Each housing authority and owner of a LIHTC rental housing development shall annually notify each tenant receiving tenant-based rental assistance of the right to organize under this Act.

Section 50. Implementation. Implementation of this Act is contingent on the enactment of the federal Tenants' Right to Organize Act, H.R. 5826, 118th Cong., 1st Sess. (2023).