SB2264sam001 104TH GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 5/6/2025

10400SB2264sam001 LRB104 09080 RTM 25911 a

AMENDMENT TO SENATE BILL 2264

AMENDMENT NO. ______. Amend Senate Bill 2264 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Sections 5-1005.11 and 5-1005.12 as follows:

(55 ILCS 5/5-1005.11 new)

Sec. 5-1005.11. Crime-free housing and nuisance ordinance protections.

(a) As used in this Section:

"Disability" means, with respect to a person:

(1) a physical or mental impairment which substantially limits one or more of such person's major life activities;

(2) a record of having such an impairment; or

(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance, as defined in the federal Controlled Substances Act, 21 U.S.C. 802.

"Domestic violence" has the meaning given to that term under Section 103 of the Illinois Domestic Violence Act committed by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Landlord" or "property owner" means the owner of a building, or the owner's agent with regard to matters concerning a landlord's leasing of one or more residential dwelling units.

"Law enforcement agency" means a department of 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.

"Penalty" includes, but is not limited to:

(1) an actual or threatened action against a landlord or property owner in response to a landlord or property owner failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited under subsection (b) of this Section, including 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; or

(2) an actual or threatened assessment of fines or fees, denial of housing, eviction, termination of a tenancy, or failure to renew a tenancy.

"Sexual violence" or "sexual assault" has the meaning given to that term under Section 10 of the Safe Homes Act.

"Stalking" has the meaning given to that term under Section 10 of the Stalking No Contact Order Act.

"Tenant" or "resident" means a person who has entered into an oral or written residential lease with a landlord whereby the person is the lessee under the lease of a residential dwelling.

(b) A county shall not adopt, enforce, or implement any ordinance, resolution, policy, program, or other regulation that interferes in a residential lease agreement in any of the following ways:

(1) Imposes or threatens to impose a penalty against a tenant or resident or requires a landlord or property owner to impose or threaten to impose a penalty against a tenant or resident solely as a consequence of:

(A) contact with or requests for law enforcement or emergency assistance on the tenant's or resident's own behalf or behalf of another person;

(B) criminal activity the tenant or resident did not perpetrate;

(C) association with another tenant, guest, household member, or person, unless the association constitutes unlawful activity under Section 5-2 of the Criminal Code of 2012; and

(D) an arrest record in violation of Section 3-102 of the Illinois Human Rights Act.

(2) Imposes or threatens to impose a penalty on a landlord or property owner for failing to impose or threaten to impose a penalty on a tenant or resident solely as a consequence of:

(A) contact with or requests for law enforcement or emergency assistance on the resident's or tenant's own behalf or behalf of another person;

(B) criminal activity the resident or tenant did not perpetrate;

(C) association with another tenant, guest, household member, or person, unless the association constitutes unlawful activity under Section 5-2 of the Criminal Code of 2012; and

(D) an arrest record in violation of Section 3-102 of the Illinois Human Rights Act.

(3) Requires or encourages a landlord or property owner to include or imposes or threatens to impose a penalty on a landlord or property owner for failure to include a provision in a lease or rental agreement that provides as grounds for eviction any cause that is in conflict with this Act or other State or federal law.

(4) Defines as a nuisance, fewer than 50 requests per day, made in a willful and wanton manner, for law enforcement or emergency assistance by a tenant, landlord, resident, guest, property owner, or other person.

(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 on this Section. An aggrieved party may not file or sustain an action arising out of this Section against a landlord or property owner acting in compliance with this Section.

(d) If a county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall designate a crime-free housing or nuisance ordinance or program contact. The designated contact shall receive fair housing training from a qualified fair housing program, including training specific to housing protections for survivors of domestic violence, sexual assault, stalking, and other victims, persons with disabilities, persons entitled to protections under the Juvenile Court Act of 1987, and compliance with this Act.

(e)(1) If a county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or regulation, it shall require the county to provide a 30-day written notice and an opportunity to be heard to the tenant and all known and unknown occupants entitled to notice under Section 9-104 of the Eviction Article of the Code of Civil Procedure, prior to the county's direction or encouragement to file an eviction action. The county notice shall be in the following form:

"To A.B.: You are hereby notified that in consequence of (here insert the name of the person in violation) violation of (here insert the character of the violation as defined by the crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation) you may be at risk of eviction. (Here insert the name of the person in violation) is accused of (insert the violation) on (insert date). You have 30 days from today to request a hearing from an informal hearing officer at the county at (insert phone number and address). The county cannot encourage or order your eviction or lease to not be renewed if you or others called the police or emergency services for help, or if you or others are crime victims or otherwise not at fault."

(2) The notice shall also include the name, contact information, and a description of local community-based and legal aid organizations that provide tenant rights services as well as State and local domestic violence, sexual assault, stalking, and other victim services, and the name and contact information for the county's designated contact for the crime-free housing or nuisance ordinance or program.

(3) The notice shall be signed by the chief law enforcement officer of the county, who has reviewed the notice to ensure that the any alleged violation forming the basis of the notice are not in conflict with this Act or other State or federal law.

(4) The county shall provide an opportunity to be heard in a forum with a neutral party to adjudicate. At the forum, the tenant shall (i) have the opportunity to have legal counsel present, (ii) have the right to assistance from community advocates, (iii) be allowed to solicit and present testimony, and (iv) receive written discovery. Any statements made by the tenant during the course of the informal hearing process cannot be admitted as evidence into a formal eviction proceeding.

(f) If any county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall maintain the following information on the county's public-facing website:

(1) The name, contact information, and a description of local community-based and legal aid organizations that provide tenant rights services and local and State domestic violence, sexual assault, and stalking organizations and other community-based victim services organizations.

(2) The name and contact information for the county's designated contact for the crime-free housing or nuisance ordinance or program.

(g) A county shall not enforce a crime free or nuisance ordinance against a tenant or landlord based on an incident related to domestic violence, sexual assault, stalking, or an individual's disability, if the tenant is not the perpetrator of a crime. However, nothing in this Section shall be read to limit the eviction or imposition of penalties against the perpetrator of domestic violence, sexual assault, stalking, or other criminal activity.

(h) 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 5/5-1005.12 new)

Sec. 5-1005.12. Crime-free annual assessment of enforcement. If any county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall conduct and make publicly available an annual assessment of the enforcement of any crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation in the county. The assessment shall include data on the number of notices for violations issued to landlords and tenants as a result of violations of crime-free housing ordinances, as well as other enforcement actions taken and evictions encouraged, ordered, or filed due to the crime-free housing ordinance. The data shall be organized by protected class status as described in the Illinois Human Rights Act. The assessment shall also include information on the type of criminal activity underlying each enforcement action or eviction filing and a description of whether (i) the enforcement was triggered by or as a result of calls for law enforcement or other emergency services; (ii) there was a tenant, guest, household member, or other person experiencing domestic violence, sexual assault, stalking, or other violence in the home; (iii) there was a tenant, guest, household member, or other person in the home with a disability; or (iv) the enforcement of the crime-free housing ordinance resulted in the eviction of or the termination or non-renewal of a lease of all or any members of the household. The assessment report shall be issued by no later than June 30, 2026, and each June 30 thereafter.

(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 Sections 1-2-1.6 and 1-2-1.7 as follows:

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

Sec. 1-2-1.6. Crime-free housing and nuisance ordinance protections.

(a) As used in this Section:

"Disability" means, with respect to a person:

(1) a physical or mental impairment which substantially limits one or more of such person's major life activities;

(2) a record of having such an impairment; or

(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance, as defined in the federal Controlled Substances Act, 21 U.S.C. 802.

"Domestic violence" has the meaning given to that term under Section 103 of the Illinois Domestic Violence Act committed by a family or household member as defined, in Section 103 of the Illinois Domestic Violence Act of 1986.

"Landlord" or "property owner" means the owner of a building, or the owner's agent with regard to matters concerning a landlord's leasing of one or more residential dwelling units.

"Law enforcement agency" means a department of 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.

"Penalty" includes, but is not limited to:

(1) an actual or threatened action against a landlord or property owner in response to a landlord or property owner failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited under subsection (b) of this Section, including 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; or

(2) an actual or threatened assessment of fines or fees, denial of housing, eviction, termination of a tenancy, or failure to renew a tenancy.

"Sexual violence" or "sexual assault" has the meaning given to that term under Section 10 of the Safe Homes Act.

"Stalking" has the meaning given to that term under Section 10 of the Stalking No Contact Order Act.

"Tenant" or "resident" means a person who has entered into an oral or written residential lease with a landlord whereby the person is the lessee under the lease of a residential dwelling.

(b) A municipality shall not adopt, enforce, or implement any ordinance, resolution, policy, program, or other regulation that interferes in a residential lease agreement in any of the following ways:

(1) Imposes or threatens to impose a penalty against a tenant or resident or requires a landlord or property owner to impose or threaten to impose a penalty against a tenant or resident solely as a consequence of:

(A) contact with or requests for law enforcement or emergency assistance on the tenant's or resident's own behalf or behalf of another person;

(B) criminal activity the tenant or resident did not perpetrate;

(C) association with another tenant, guest, household member, or person, unless the association constitutes unlawful activity under Section 5-2 of the Criminal Code of 2012; and

(D) an arrest record in violation of Section 3-102 of the Illinois Human Rights Act.

(2) Imposes or threatens to impose a penalty on a landlord or property owner for failing to impose or threaten to impose a penalty on a tenant or resident solely as a consequence of:

(A) contact with or requests for law enforcement or emergency assistance on the tenant's or resident's own behalf or behalf of another person;

(B) criminal activity the tenant or resident did not perpetrate;

(C) association with another tenant, guest, household member, or person, unless the association constitutes unlawful activity under Section 5-2 of the Criminal Code of 2012; and

(D) an arrest record in violation of Section 3-102 of the Illinois Human Rights Act.

(3) Requires or encourages a landlord or property owner to include or imposes or threatens to impose a penalty on a landlord or property owner for failure to include a provision in a lease or rental agreement that provides as grounds for eviction any cause that is in conflict with this Act or other State or federal law.

(4) Defines as a nuisance fewer than 50 requests per day, made in a willful and wanton manner, for law enforcement or emergency assistance by a tenant, landlord, resident, guest, property owner, or other person.

(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 on this Section. An aggrieved party may not file or sustain an action arising out of this Section against a landlord or property owner acting in compliance with this Section.

(d) If a municipality adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the municipality shall designate a crime-free housing or nuisance ordinance or program contact. The designated contact shall receive fair housing training from a qualified fair housing program, including training specific to housing protections for survivors of domestic violence, sexual assault, stalking, and other victims, persons with disabilities, persons entitled to protections under the Juvenile Court Act of 1987, and compliance with this Act.

(e)(1) If a municipality adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or regulation, it shall require the municipality to provide a 30-day written notice and an opportunity to be heard to the tenant and all known and unknown occupants entitled to notice under Section 9-104 of the Eviction Article of the Code of Civil Procedure, prior to the municipality's direction or encouragement to file an eviction action. The municipal notice shall be in the following form:

"To A.B.: You are hereby notified that in consequence of (here insert the name of the person in violation) violation of (here insert the character of the violation as defined by the crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation) you may be at risk of eviction. (Here insert the name of the person in violation) is accused of (insert the violation) on (insert date). You have 30 days from today to request a hearing from an informal hearing officer at the municipality at (insert phone number and address). The municipality cannot encourage or order your eviction or lease to not be renewed if you or others called the police or emergency services for help, or if you or others are crime victims or otherwise not at fault."

(2) The notice shall also include the name, contact information, and a description of local community-based and legal aid organizations that provide tenant rights services as well as State and local domestic violence, sexual assault, stalking, and other victim services, and the name and contact information for the municipality's designated contact for the crime-free housing or nuisance ordinance or program.

(3) The notice shall be signed by the chief law enforcement officer of the municipality, who has reviewed the notice to ensure that the any alleged violation forming the basis of the notice are not in conflict with this Act, State, or federal law.

(4) The municipality shall provide an opportunity to be heard in a forum with a neutral party to adjudicate. At the forum, the tenant shall (i) have the opportunity to have legal counsel present, (ii) have the right to assistance from community advocates, (iii) be allowed to solicit and present testimony, and (iv) receive written discovery. Any statements made by the tenant during the course of the informal hearing process cannot be admitted as evidence into a formal eviction proceeding.

(f) If a municipality adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the municipality shall maintain the following information on the municipality's public-facing website:

(1) The name, contact information, and a description of local community-based and legal aid organizations that provide tenant rights services and local and State domestic violence, sexual assault, and stalking organizations and other community-based victim services organizations.

(2) The name and contact information for the municipality's designated contact for the crime-free housing or nuisance ordinance or program.

(g) A municipality shall not enforce a crime free or nuisance ordinance against a tenant or landlord based on an incident related to domestic violence, sexual assault, stalking, or an individual's disability, if the tenant is not the perpetrator of a crime. However, nothing in this Section shall be read to limit the eviction or imposition of penalties against the perpetrator of domestic violence, sexual assault, stalking, or other criminal activity.

(h) 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 5/1-2-1.7 new)

Sec. 1-2-1.7. Crime-free annual assessment of enforcement. If any municipality adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the municipality shall conduct and make publicly available an annual assessment of the enforcement of any crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation in the municipality. The assessment shall include data on the number of notices for violations issued to landlords and tenants as a result of violations of crime-free housing ordinances, as well as other enforcement actions taken and evictions encouraged, ordered, or filed due to the crime-free housing ordinance. The data shall be organized by protected class status as described in the Illinois Human Rights Act. The assessment shall also include information on the type of criminal activity underlying each enforcement action or eviction filing and a description of whether (i) the enforcement was triggered by or as a result of calls for law enforcement or other emergency services; (ii) there was a tenant, guest, household member, or other person experiencing domestic violence, sexual assault, stalking, or other violence in the home; (iii) there was a tenant, guest, household member, or other person in the home with a disability; or (iv) the enforcement of the crime-free housing ordinance resulted in the eviction of or the termination or non-renewal of a lease of all or any members of the household. The assessment report shall be issued by no later than June 30, 2026, and each June 30 thereafter.

(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. Crime-free housing and nuisance ordinances.

(a) Unless otherwise required by federal law, a housing authority may not adopt, enforce, or implement a county's or municipality's ordinance, resolution, policy, program, or other regulation affecting a tenancy prohibited by Section 5-1005.11 of the Counties Code or Section 1-2-1.6 of the Municipal Code.

(b) 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. An aggrieved party may not file or sustain an action arising out of this Section against a landlord or property owner acting in compliance with this Section.

(c) A home rule municipality may not adopt 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.".