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SB2287 Engrossed |
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LRB095 18768 AJO 44891 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Safe Homes Act is amended by changing |
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| Section 25 and by adding Sections 27 and 29 as follows:
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| (765 ILCS 750/25)
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| Sec. 25. Penalty for violation of lock-change provisions |
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| Penalty for violation.
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| (a) If a landlord takes action to prevent the tenant who |
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| has complied with Section 20 of this Act from changing his or |
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| her locks, the tenant may seek a temporary restraining order, |
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| preliminary injunction, or permanent injunction ordering the |
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| landlord to refrain from preventing the tenant from changing |
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| the locks. A tenant who successfully brings an action pursuant |
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| to this Section may be awarded reasonable attorney's fees and |
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| costs. |
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| (b) A tenant who changes locks and does not make a good |
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| faith effort to provide a copy of a key to the landlord within |
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| 48 hours of the tenant changing the locks, shall be liable for |
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| any damages to the dwelling or the building in which the |
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| dwelling is located that could have been prevented had landlord |
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| been able to access the dwelling unit in the event of an |
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| emergency. |
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SB2287 Engrossed |
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LRB095 18768 AJO 44891 b |
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| (b-1) A landlord who changes the locks and does not make a |
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| good faith effort to provide a copy of a key to the tenant |
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| within 48 hours of the landlord changing the locks shall be |
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| liable for any damages to the tenant incurred as a result of |
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| not having access to his or her unit.
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| (c) The remedies provided to landlord and tenant under this |
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| Section 25 shall be sole and exclusive for violations of the |
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| lock-change provisions of this Act.
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| (Source: P.A. 94-1038, eff. 1-1-07; 95-378, eff. 8-23-07.)
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| (765 ILCS 750/27 new) |
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| Sec. 27. Nondisclosure, confidentiality, and privilege. |
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| (a) A landlord may not disclose to a prospective landlord |
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| (1) that a tenant or a member of tenant's household exercised |
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| his or her rights under the Act, or (2) any information |
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| provided by the tenant or a member of tenant's household in |
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| exercising those rights. |
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| (b) The prohibition on disclosure under subsection (a) |
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| shall not apply in civil proceedings brought under this Act, or |
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| if such disclosure is required by law. |
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| (c) A tenant or a member of tenant's household, who is the |
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| victim of domestic or sexual violence or is the parent or legal |
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| guardian of the victim of domestic or sexual violence, may |
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| waive the prohibition on disclosure under subsection (a) by |
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| consenting to the disclosure in writing. |
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| (d) Furnishing evidence to support a claim of domestic or |
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SB2287 Engrossed |
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LRB095 18768 AJO 44891 b |
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| sexual violence against a tenant or a member of tenant's |
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| household pursuant to Section 15 or 20 shall not waive any |
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| confidentiality or privilege that may exist between the victim |
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| of domestic or sexual violence and a third party.
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| (765 ILCS 750/29 new) |
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| Sec. 29. Nondisclosure violation penalty. A landlord who, |
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| in violation of Section 27, discloses that a tenant has |
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| exercised his or her rights under the Act, or discloses any |
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| information provided by the tenant in exercising those rights, |
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| shall be liable for any damages resulting from the disclosure |
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| or $2,000, whichever is greater. A tenant who successfully |
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| brings an action pursuant to this Section may be awarded |
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| reasonable attorney's fees and costs.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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