HB5432ham001 103RD GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 4/4/2024

10300HB5432ham001 LRB103 38130 AWJ 71745 a

AMENDMENT TO HOUSE BILL 5432

AMENDMENT NO. ______. Amend House Bill 5432 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Prohibition on crime-free housing ordinances.

(a) As used in this Section:

"Contact with a law enforcement agency or other emergency service" means 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 service.

"Penalty against a landlord" includes, but is not limited to, an action against a landlord in response to a landlord failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited by this Section, including, but not limited to, revoking, suspending, or refusing to issue a permit or license otherwise required by the county for a property owner or landlord to engage in the business of leasing within the county.

(b) A county may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that does any of the following:

(1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency or other emergency service;

(2) requires or promotes a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, any of the following:

(A) evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or other emergency service or has a criminal conviction;

(B) evict, refuse to lease or renew a lease, or otherwise penalize a tenant because of the tenant's criminal history or alleged unlawful conduct or arrest,

(C) include a provision in a lease or rental agreement that provides as grounds for eviction any cause that is in conflict with State or federal law; or

(D) conduct criminal background checks of prospective or current tenants; however, nothing limits a property owner or landlord from voluntarily conducting a criminal background check;

(3) defines as a nuisance any contact with a law enforcement agency or other emergency service by a tenant or any request by a tenant, landlord, resident, or property owner for emergency assistance;

(4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy or turning on utilities; or

(5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging or excluding a tenant on the registry from rental housing within the county.

(c) An aggrieved party may file an action in circuit court, including for injunctive relief, monetary relief, attorney's fees, and costs, against a county to enforce the provisions of this Section. Nothing in this Section shall be read to allow an aggrieved party to file or sustain an action against a landlord, owner, management company, leasing agent, or real estate agent or any other person or entity other than the county.

(d) A home rule county may not regulate tenancy in a manner 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 11-13-28 as follows:

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Prohibition on crime-free housing ordinances.

(a) As used in this Section:

"Contact with a law enforcement agency or other emergency service" means 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 service.

"Penalty against a landlord" includes, but is not limited to, an action against a landlord in response to a landlord failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited by this Section, including, but not limited to, revoking, suspending, or refusing to issue a permit or license otherwise required by the municipality for a property owner or landlord to engage in the business of leasing within the municipality.

(b) A municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that does any of the following:

(1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency or other emergency service;

(2) requires or promotes a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, any of the following:

(A) evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or other emergency service or has a criminal conviction;

(B) evict, refuse to lease or renew a lease, or otherwise penalize a tenant because of the tenant's criminal history or alleged unlawful conduct or arrest;

(C) include a provision in a lease or rental agreement that provides as grounds for eviction any cause that is in conflict with State or federal law; or

(D) conduct criminal background checks of prospective or current tenants; however, nothing limits a property owner or landlord from voluntarily conducting a criminal background check;

(3) defines as a nuisance any contact with a law enforcement agency or other emergency service by a tenant or any request by a tenant, landlord, resident, or property owner for emergency assistance;

(4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy or turning on utilities; or

(5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging or excluding a tenant on the registry from rental housing within the municipality.

(c) An aggrieved party may file an action in circuit court, including for injunctive relief, monetary relief, attorney's fees, and costs, against a municipality to enforce the provisions of this Section. Nothing in this Section shall be read to allow an aggrieved party to file or sustain an action against a landlord, owner, management company, leasing agent, or real estate agent or any other person or entity other than the municipality.

(d) A home rule municipality may not regulate tenancy in a manner 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. Prohibition on crime-free housing ordinances.

(a) As used in this Section:

"Contact with a law enforcement agency or other emergency service" means 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 service.

"Penalty against a landlord" includes, but is not limited to, an action against a landlord, including an actual or threatened denial or termination of a subsidized housing contract, in response to a landlord failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited by this Section.

(b) Unless otherwise required by federal law, a housing authority may not adopt their own, nor enforce or implement a county's or municipality's ordinance, resolution, policy, program, or other regulation affecting a tenancy that does any of the following:

(1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency or other emergency service;

(2) requires or promotes a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, any of the following:

(A) evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or other emergency service or has a criminal conviction;

(B) evict, refuse to lease or renew a lease, or otherwise penalize a tenant because of the tenant's criminal history or alleged unlawful conduct or arrest; or

(C) include a provision in a lease or rental agreement that provides as grounds for eviction any cause that is in conflict with State or federal law; or

(D) conduct criminal background checks of prospective or current tenants; however, nothing limits a property owner or landlord from voluntarily conducting a criminal background check;

(3) requires a tenant to obtain a certificate of occupancy as a condition of tenancy or turning on utilities; or

(4) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging or excluding a tenant on the registry from rental housing under the housing authority's jurisdiction.

(c) An aggrieved party may file an action in circuit court, including for injunctive relief, monetary relief, attorney's fees, and costs, against a housing authority to enforce the provisions of this Section. Nothing in this Section shall be read to allow an aggrieved party to file or sustain an action against a landlord, owner, management company, leasing agent, or real estate agent or any other person or entity other than the housing authority.

(d) A home rule municipality may not have regulations that encourage or require housing authorities to act in a manner 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.".