HB5314 103RD GENERAL ASSEMBLY

LRB103 38805 AWJ 68942 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5314

Introduced 2/9/2024, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

55 ILCS 5/1005.11 new
55 ILCS 5/5-1005.10 rep.
65 ILCS 5/1-2-1.6 new
65 ILCS 5/1-2-1.5 rep.
310 ILCS 10/8.25 new

Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 1005.11 as follows:

(55 ILCS 5/1005.11 new)

Sec. 1005.11. Regulations penalizing tenants for contact with law enforcement agencies.

(a) As used in this Section:

"Certificate of occupancy" means a license or permit required for the rental or occupancy of a dwelling unit.

"Contact" encompasses any interaction with a law enforcement agency, including, but not limited to, notice, stop, arrest or detention, conviction or charge, or calls to or response by a law enforcement agency or other emergency services.

"Law enforcement agency" means a department or agency of the United States, a state, a local government, or other political subdivision of the United States, a state, or a local government authorized by law or regulation to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of criminal or civil law, including, but not limited to, United States Immigration and Customs Enforcement and the State's Department of Human Services or Department of Children and Family Services.

"Penalize" means any of the following:

(1) An actual or threatened assessment of fees, fines, or other penalties.

(2) An actual or threatened eviction, termination of a tenancy, or failure to renew a tenancy.

(3) An actual or threatened denial of a housing subsidy or subsidized housing contract.

(4) An actual or threatened denial of housing.

(5) An actual or threatened revocation, suspension, or nonrenewal of a certificate of occupancy.

(6) A designation of closure or a threatened closure of a property, designation as a nuisance property or as a perpetrator of criminal activity under local regulation, or imposition or threatened imposition of a similar designation.

(7) An actual or threatened nuisance action.

(8) A mandate or encouragement of the warrantless installation of, or police access to, surveillance equipment, such as cameras, recorders, or other similar devices intended to monitor tenant activity.

(9) An actual or threatened restriction on the right to quiet enjoyment, including, but not limited to, the right to have guests.

(10) Any other action that has the effect of materially interfering with the landlord's property or a tenant's or applicant's housing, tenancy, or housing opportunity.

"Subsidized housing" means any local, State, or federal housing program intended to provide affordable housing or a housing subsidy or rental assistance to low-income or moderate-income persons.

"Program" means any voluntary or mandatory initiative operated or endorsed by a local government, a housing authority, or a law enforcement agency.

(b) A county may not enact a program, ordinance, resolution, or other regulation that:

(1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency;

(2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies;

(3) requires or promotes the use of criminal background checks of prospective or current tenants;

(4) defines nuisance behavior to include contact with a law enforcement agency;

(5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities;

(6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction;

(7) penalizes tenants, guests, or others for contact made to police or other emergency services; or

(8) requires or promotes the use of a lease addendum that penalizes tenants, guests, or others for any of the conditions listed in paragraphs (1) through (7) or is contrary to or inconsistent with requirements under federal law.

(c) A program, ordinance, resolution, or other regulation that violates any of the provisions of this Section is void and unenforceable and cannot serve as a basis to pursue an eviction.

(d) A resident, tenant, prospective tenant, owner, landlord, occupant, or any other aggrieved party may file an action in circuit court, including for injunctive relief or monetary relief, against a county to enforce the various provisions of this Section, including, without limitation, an order invalidating the subject program, ordinance, resolution, or other regulation to the extent required to bring it into compliance with the requirements of this Section. A person or entity who is the prevailing party in an action under this subsection shall also be entitled to reasonable attorney's fees and costs.

(e) A county with a program, ordinance, resolution, or other regulation that violates any of the provisions of this Section shall repeal the program, ordinance, resolution, or other regulation no later than one year after the effective date of this amendatory Act of the 103rd General Assembly.

(f) A home rule county may not have regulations that are inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(55 ILCS 5/5-1005.10 rep.)

Section 10. The Counties Code is amended by repealing Section 5-1005.10.

Section 15. The Illinois Municipal Code is amended by adding Section 1-2-1.6 as follows:

(65 ILCS 5/1-2-1.6 new)

Sec. 1-2-1.6. Regulations penalizing tenants for contact with law enforcement agencies.

(a) As used in this Section:

"Certificate of occupancy" means a license or permit required for the rental or occupancy of a dwelling unit.

"Contact" encompasses any interaction with a law enforcement agency, including, but not limited to, notice, stop, arrest or detention, conviction or charge, or calls to or response by a law enforcement agency or other emergency services.

"Law enforcement agency" means a department or agency of the United States, a state, a local government, or other political subdivision of the United States, a state, or a local government authorized by law or regulation to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of criminal or civil law, including, but not limited to, United States Immigration and Customs Enforcement and the State's Department of Human Services or Department of Children and Family Services.

"Penalize" means any of the following:

(1) An actual or threatened assessment of fees, fines, or other penalties.

(2) An actual or threatened eviction, termination of a tenancy, or failure to renew a tenancy.

(3) An actual or threatened denial of a housing subsidy or subsidized housing contract.

(4) An actual or threatened denial of housing.

(5) An actual or threatened revocation, suspension, or nonrenewal of a certificate of occupancy.

(6) A designation of closure or a threatened closure of a property, designation as a nuisance property or as a perpetrator of criminal activity under local regulation, or imposition or threatened imposition of a similar designation.

(7) An actual or threatened nuisance action.

(8) A mandate or encouragement of the warrantless installation of, or police access to, surveillance equipment, such as cameras, recorders, or other similar devices intended to monitor tenant activity.

(9) An actual or threatened restriction on the right to quiet enjoyment, including, but not limited to, the right to have guests.

(10) Any other action that has the effect of materially interfering with the landlord's property or a tenant's or applicant's housing, tenancy, or housing opportunity.

"Subsidized housing" means any local, State, or federal housing program intended to provide affordable housing or a housing subsidy or rental assistance to low-income or moderate-income persons.

"Program" means any voluntary or mandatory initiative operated or endorsed by a local government, a housing authority, or a law enforcement agency.

(b) A municipality may not enact a program, ordinance, resolution, or other regulation that:

(1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency;

(2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies;

(3) requires or promotes the use of criminal background checks of prospective or current tenants;

(4) defines nuisance behavior to include contact with a law enforcement agency;

(5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities;

(6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction;

(7) penalizes tenants, guests, or others for contact made to police or other emergency services; or

(8) requires or promotes the use of a lease addendum that penalizes tenants, guests, or others for any of the conditions listed in paragraphs (1) through (7) or is contrary to or inconsistent with requirements under federal law.

(c) A program, ordinance, resolution, or other regulation that violates any of the provisions of this Section is void and unenforceable and cannot serve as a basis to pursue an eviction.

(d) A resident, tenant, prospective tenant, owner, landlord, occupant, or any other aggrieved party may file an action in circuit court, including for injunctive relief or monetary relief, against a municipality to enforce the various provisions of this Section, including, without limitation, an order invalidating the subject program, ordinance, resolution, or other regulation to the extent required to bring it into compliance with the requirements of this Section. A person or entity who is the prevailing party in an action under this subsection shall also be entitled to reasonable attorney's fees and costs.

(e) A municipality with a program, ordinance, resolution, or other regulation that violates any of the provisions of this Section shall repeal the program, ordinance, resolution, or other regulation no later than one year after the effective date of this amendatory Act of the 103rd General Assembly.

(f) A home rule municipality may not have regulations that are inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(65 ILCS 5/1-2-1.5 rep.)

Section 20. The Illinois Municipal Code is amended by repealing Section 1-2-1.5.

Section 25. The Housing Authorities Act is amended by adding Section 8.25 as follows:

(310 ILCS 10/8.25 new)

Sec. 8.25. Regulations penalizing tenants for contact with law enforcement agencies.

(a) As used in this Section:

"Certificate of occupancy" means a license or permit required for the rental or occupancy of a dwelling unit.

"Contact" encompasses any interaction with a law enforcement agency, including, but not limited to, notice, stop, arrest or detention, conviction or charge, or calls to or response by a law enforcement agency or other emergency services.

"Law enforcement agency" means a department or agency of the United States, a state, a local government, or other political subdivision of the United States, a state, or a local government authorized by law or regulation to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of criminal or civil law, including, but not limited to, United States Immigration and Customs Enforcement and the State's Department of Human Services or Department of Children and Family Services.

"Penalize" means any of the following:

(1) An actual or threatened assessment of fees, fines, or other penalties.

(2) An actual or threatened eviction, termination of a tenancy, or failure to renew a tenancy.

(3) An actual or threatened denial of a housing subsidy or subsidized housing contract.

(4) An actual or threatened denial of housing.

(5) An actual or threatened revocation, suspension, or nonrenewal of a certificate of occupancy.

(6) A designation of closure or a threatened closure of a property, designation as a nuisance property or as a perpetrator of criminal activity under local regulation, or imposition or threatened imposition of a similar designation.

(7) An actual or threatened nuisance action.

(8) A mandate or encouragement of the warrantless installation of, or police access to, surveillance equipment, such as cameras, recorders, or other similar devices intended to monitor tenant activity.

(9) An actual or threatened restriction on the right to quiet enjoyment, including, but not limited to, the right to have guests.

(10) Any other action that has the effect of materially interfering with the landlord's property or a tenant's or applicant's housing, tenancy, or housing opportunity.

"Subsidized housing" means any local, State, or federal housing program intended to provide affordable housing or a housing subsidy or rental assistance to low-income or moderate-income persons.

"Program" means any voluntary or mandatory initiative operated or endorsed by a local government, a housing authority, or a law enforcement agency.

(b) A housing authority may not enact a program, ordinance, resolution, or other regulation that:

(1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency;

(2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies;

(3) requires or promotes the use of criminal background checks of prospective or current tenants;

(4) defines nuisance behavior to include contact with a law enforcement agency;

(5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities;

(6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction;

(7) penalizes tenants, guests, or others for contact made to police or other emergency services; or

(8) requires or promotes the use of a lease addendum that penalizes tenants, guests, or others for any of the conditions listed in paragraphs (1) through (7) or is contrary to or inconsistent with requirements under federal law.

(c) A program, ordinance, resolution, or other regulation that violates any of the provisions of this Section is void and unenforceable and cannot serve as a basis to pursue an eviction.

(d) A resident, tenant, prospective tenant, owner, landlord, occupant, or any other aggrieved party may file an action in circuit court, including for injunctive relief or monetary relief, against a housing authority to enforce the various provisions of this Section, including, without limitation, an order invalidating the subject program, ordinance, resolution, or other regulation to the extent required to bring it into compliance with the requirements of this Section. A person or entity who is the prevailing party in an action under this subsection shall also be entitled to reasonable attorney's fees and costs.

(e) A housing authority with a program, ordinance, resolution, or other regulation that violates any of the provisions of this Section shall repeal the program, ordinance, resolution, or other regulation no later than one year after the effective date of this amendatory Act of the 103rd General Assembly.

(f) A home rule municipality may not have regulations that are inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.