100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Theresa Mah
SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-106.3 new
765 ILCS 745/16
from Ch. 80, par. 216
Creates the Immigrant Tenant Protection Act. Defines terms. Provides
that, with exceptions, a landlord shall not require disclosure of,
disclose, intimidate, harass, or evict a tenant on the basis of a person's
immigration or citizenship status. Provides that an oral or written warning
notice or explanation, given in good faith, regarding the applicable rental
agreement, rules, regulations, lease, or law is not a violation of the Act.
Provides that the Act does not enlarge or diminish a landlord's right to
terminate a tenancy pursuant to existing State or local law; nor does the
Act enlarge or diminish any ability of local government to regulate or
enforce a prohibition against a landlord's harassment of a tenant. Provides
that waiver of a right under the Act by a tenant, occupant, or person known
to the landlord to be associated with a tenant or occupant is void as a
matter of public policy. Provides remedies. Provides that an action for
injunctive relief may be brought by a nonprofit organization. Provides that
in a civil action involving a tenant's or occupant's housing rights, no
inquiry shall be permitted into the tenant's or occupant's immigration or
citizenship status, with exceptions. Contains a severability clause.
Amends the Eviction Article of the Code of Civil Procedure. Provides that
it is an affirmative defense to an eviction that a landlord engaged in
conduct prohibited under the Immigrant Tenant Protection Act. Amends the
Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order
may not be entered against a tenant as a reprisal for a tenant's efforts to
secure remedies under the Immigrant Tenant Protection Act. Effective
A BILL FOR
|HB5519||LRB100 19646 HEP 34919 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Immigrant Tenant Protection Act.
In this Act:
"Dwelling unit" means a room or suite of rooms, a mobile
home rental unit or lot as defined in Section 3 of the Mobile
Home Landlord and Tenant Rights Act, or other residential real
estate used for human habitation, and for which a landlord and
a tenant have a written or oral lease agreement.
"Immigration or citizenship status" includes a perception
that the person has a particular immigration status or
citizenship status, or that the person is associated with
another person who has, or is perceived to have, a particular
immigration status or citizenship status.
"Landlord" means the owner, agent, lessor, or sublessor, or
the successor in interest of any of them, of a dwelling unit or
the building of which it is part. "Landlord" includes the owner
of a mobile home park and any person authorized to exercise any
aspect of the management of the premises, including any person
who directly or indirectly receives rents and has no obligation
to deliver the whole of the receipts to another person.