SB3750 103RD GENERAL ASSEMBLY

LRB103 38563 JRC 68699 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3750

Introduced 2/9/2024, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1015 new

Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025.

A BILL FOR

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 Low-Income Tenant's Right to Counsel Act.

Section 5. Legislative intent. Subject to appropriation, the intent of this Act is to codify access to free legal services and representation for low-income individuals experiencing eviction and to require landlords to disclose to their tenants certain information regarding the access of full legal representation in eviction proceedings.

Section 10. Definitions. In this Act:

"Board" means the county board of commissioners as used in Division 3-4 of the Counties Code.

"Community group" means a nonprofit entity with the capacity to conduct tenant outreach and provide engagement, education, and information.

"Covered individual" means an individual who:

(1) occupies a residential property under a claim of legal right other than owner, including a tenant in a building owned, operated, or managed by a public housing authority; and

(2) is a member of a household with an income that is not greater than 80% of the median income, adjusted for household size, in the State as determined by the United States Department of Health and Human Services or its successor.

"Covered proceedings" mean any judicial or administrative proceeding related to a covered individual who is facing eviction or civil claim for monetary damages for nonpayment of rent, including any proceeding deemed by a designated organization as the functional equivalent of such a proceeding, and any related appeals, or any action by a governmental assistance-providing agency terminating a subsidy or otherwise adversely affecting a tenant's rights, duties, welfare, or status.

"Designated organization" means a nonprofit entity designated by a Board with the ability to provide legal representation to covered individuals.

"Full legal representation" includes ongoing legal representation for the duration of a covered proceeding provided by a court-appointed counsel to a covered individual and all legal advice, advocacy, mediation, negotiations, and assistance associated with a covered proceeding until its conclusion.

"Fund" means the Access to Counsel in Evictions Special Fund.

"Program" means the Access to Counsel in Evictions Program.

Section 15. Access to counsel; assurance of right to counsel; education and outreach.

(a) A covered individual subject to a termination of tenancy, an eviction proceeding, or, as determined by a designated organization, a constructive eviction, has a right to full representation by a counsel as appointed by the court during covered proceedings.

(b) The court must appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under this subsection. The county is responsible for implementation of this subsection.

(c) Each board may contract, if eligible, with a designated organization to provide all or part of the services required under this Act. Each board must designate and contract with an appropriate community group, if available, to conduct outreach and provide education to tenants locally regarding tenants' rights and the access to legal representation under this Act.

Section 20. Notice of right to counsel.

(a) The complaint required by Section 9-106 of the Code of Civil Procedure shall include the notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." These Complaints shall refer to resources in each judicial circuit a defendant may access to determine eligibility and contact a designated organization or community group for further advice, as available.

(b) After the effective date of this Act, all new residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings, along with a citation to this Act.

(c) If a landlord and tenant are operating under a lease agreement before the effective date of this Act, the landlord shall notify the tenant in writing that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings, along with a citation to this Act. This notification must be provided to the tenant within 30 days following the effective date of this Act.

(d) At the initial hearing for a covered proceeding, if the defendant does not already have representation, the court shall ask the defendant if the defendant wants court-appointed counsel and shall explain what such appointed counsel can accomplish for the defendant.

Section 25. Qualifications of court-appointed counsel. Counsel appointed by the court for the purposes of this Act must have a minimum of two years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications.

Section 30. Compensation. By January 1, 2025, and every year thereafter, the chief judge of each judicial circuit, after consultation with public housing attorneys, legal aid attorneys, and members of the private bar in the circuit, shall establish a compensation rate for attorney's fees and costs associated with representation under this Act. The compensation to be paid to an attorney for such service rendered to a defendant under this Act may not exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the chief judge of the circuit as necessary to provide fair compensation for services of an unusual character or duration.

Section 90. The State Finance Act is amended by adding Section 5.1015 as follows:

(30 ILCS 105/5.1015 new)

Sec. 5.1015. The Access to Counsel in Evictions Special Fund.

Section 99. Effective date. This Act takes effect January 1, 2025.