HB5519 EngrossedLRB100 19646 HEP 34919 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Immigrant Tenant Protection Act.
 
6    Section 5. Definitions. In this Act:
7    "Dwelling unit" means a room or suite of rooms, a mobile
8home rental unit or lot as defined in Section 3 of the Mobile
9Home Landlord and Tenant Rights Act, or other residential real
10estate used for human habitation, and for which a landlord and
11a tenant have a written or oral lease agreement.
12    "Immigration or citizenship status" includes a perception
13that the person has a particular immigration status or
14citizenship status, or that the person is associated with
15another person who has, or is perceived to have, a particular
16immigration status or citizenship status.
17    "Landlord" means the owner, agent, lessor, or sublessor, or
18the successor in interest of any of them, of a dwelling unit or
19the building of which it is part. "Landlord" includes the owner
20of a mobile home park and any person authorized to exercise any
21aspect of the management of the premises, including any person
22who directly or indirectly receives rents and has no obligation
23to deliver the whole of the receipts to another person.

 

 

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1    "Tenant" means a person entitled by written or oral
2agreement, subtenancy approved by the landlord or by
3sufferance, or law to occupy a dwelling unit to the exclusion
4of others.
 
5    Section 10. Prohibited conduct.
6    (a) Except as otherwise provided in subsection (b), a
7landlord shall not:
8        (1) require that any tenant, prospective tenant,
9    occupant, prospective occupant, or guest of a dwelling unit
10    make any statement, representation, or certification
11    concerning his or her, or another person's, immigration or
12    citizenship status;
13        (2) threaten to disclose information regarding or
14    relating to the immigration or citizenship status of a
15    tenant, occupant, or other person known to the landlord to
16    be associated with a tenant or occupant;
17        (3) cause a tenant or occupant to quit involuntarily or
18    bring an action to recover possession of a dwelling unit
19    because of the immigration or citizenship status of a
20    tenant, occupant, or other person known to the landlord to
21    be associated with a tenant or occupant;
22        (4) disclose to any person or entity information
23    regarding or relating to the immigration or citizenship
24    status of any tenant, prospective tenant, occupant, or
25    prospective occupant of the dwelling unit for the purpose

 

 

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1    of, or with the intent of, harassing or intimidating a
2    tenant, prospective tenant, occupant, or prospective
3    occupant, retaliating against a tenant or occupant for
4    exercising his or her rights, influencing a tenant or
5    occupant to vacate a dwelling unit, or recovering
6    possession of a dwelling unit, except as required by law or
7    court order; or
8        (5) disclose to any immigration authority, law
9    enforcement agency, or local, State, or federal agency
10    information regarding or relating to the immigration or
11    citizenship status of any tenant, prospective tenant,
12    occupant, or prospective occupant of the dwelling unit for
13    the purpose of, or with the intent of, harassing or
14    intimidating a tenant, prospective tenant, occupant, or
15    prospective occupant, retaliating against a tenant or
16    occupant for exercising his or her rights, influencing a
17    tenant or occupant to vacate a dwelling unit, or recovering
18    possession of a dwelling unit, except as required by law or
19    court order.
20    (b) Subsection (a) does not prohibit a landlord from doing
21any of the following:
22        (1) complying with any legal obligation under federal
23    or State law, including, but not limited to, any legal
24    obligation under any government program that provides for
25    rent limitations or rental assistance to a qualified
26    tenant, or a subpoena, warrant, or other court order; or

 

 

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1        (2) requesting information or documentation necessary
2    to determine or verify the financial qualifications of a
3    prospective tenant, or to determine or verify the identity
4    of a prospective tenant or prospective occupant.
5    (c) An oral or written warning notice, given in good faith,
6regarding conduct by a tenant, occupant, or guest that
7violates, may violate, or has violated an applicable rental
8agreement, rule, regulation, lease, or law is not a violation
9of this Act. An oral or written explanation of a rental
10agreement, rule, regulation, lease, or law given in the normal
11course of business is not a violation of this Act.
12    (d) This Act does not enlarge or diminish a landlord's
13right to terminate a tenancy pursuant to existing State or
14local law, nor does this Act enlarge or diminish the ability of
15a unit of local government to regulate or enforce a prohibition
16against a landlord's harassment of a tenant.
17    (e) Any waiver of a right under this Act by a tenant,
18occupant, or person known to the landlord to be associated with
19a tenant or occupant is void as a matter of public policy.
 
20    Section 15. Remedies.
21    (a) If a landlord violates subsection (a) of Section 10,
22the tenant, prospective tenant, occupant, or prospective
23occupant may bring a civil action to seek any one or more of
24the following remedies:
25        (1) actual damages, as reasonably determined by the

 

 

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1    court, for injury or loss suffered;
2        (2) a civil penalty in an amount not to exceed $2,000
3    for each violation;
4        (3) reasonable attorney's fees and court costs; and
5        (4) other equitable relief as the court may deem
6    appropriate and just.
7    (b) A tenant is not required to be actually or
8constructively evicted in order to obtain relief.
9    (c) A court finding a violation of subsection (a) of
10Section 10 may issue injunctive relief to prevent the landlord
11from engaging in similar conduct with respect to other tenants,
12occupants, and persons known to the landlord to be associated
13with the tenants or occupants. An action for injunctive relief
14pursuant to this subsection may be brought by a nonprofit
15organization exempt from federal income taxation under
16Sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code of
171986, as amended. Such an organization shall be considered a
18party for purposes of this Act.
19    (d) The immigration or citizenship status of any person is
20irrelevant to any issue of liability or remedy under a civil
21action involving a tenant's or occupant's housing rights. In
22proceedings or discovery undertaken in a civil action involving
23a tenant's or occupant's housing rights, no inquiry shall be
24permitted into the tenant's or occupant's immigration or
25citizenship status, except if:
26        (1) unless otherwise provided in subsection (e), the

 

 

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1    claims or defenses raised by the tenant or occupant place
2    the person's immigration or citizenship status directly in
3    contention; or
4        (2) the person seeking to make the inquiry demonstrates
5    by clear and convincing evidence that the inquiry is
6    necessary in order to comply with federal law.
7    (e) The assertion of an affirmative defense to an eviction
8action under Section 9-106.3 of the Code of Civil Procedure
9does not constitute cause for discovery or other inquiry into a
10person's immigration or citizenship status.
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 905. The Code of Civil Procedure is amended by
14adding Section 9-106.3 as follows:
 
15    (735 ILCS 5/9-106.3 new)
16    Sec. 9-106.3. Affirmative defenses for retaliation on the
17basis of immigration status.
18    (a) It is an affirmative defense to an action maintained
19under this Article that a landlord engaged in conduct
20prohibited by subsection (a) of Section 10 of the Immigrant
21Tenant Protection Act.
22    (b) If the landlord approved the tenant to take possession
23of the premises before filing the eviction action, there is a

 

 

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1rebuttable presumption that the tenant is entitled to an
2affirmative defense under this Section at any time before the
3expiration of the lease term if the eviction complaint includes
4one or more of the following claims:
5        (1) the failure of the previously approved tenant to
6    provide a social security number;
7        (2) the failure of the previously approved tenant to
8    provide information required to obtain a consumer credit
9    report; or
10        (3) the failure of the previously approved tenant to
11    provide a form of identification deemed acceptable by the
12    landlord.
13    (c) No affirmative defense exists under this Section if a
14landlord files an eviction action for the purpose of complying
15with any legal obligation under any government program that
16provides for rent limitations or rental assistance to a
17qualified tenant, any other federal law, or a subpoena,
18warrant, or other order issued by a court.
19    (d) An oral or written warning notice, given in good faith,
20regarding conduct by a tenant, occupant, or guest that
21violates, may violate, or has violated an applicable rental
22agreement, rule, regulation, lease, or law does not create a
23defense under this Section. An oral or written explanation of a
24rental agreement, rule, regulation, lease, or law given in the
25normal course of business does not create a defense under this
26Section.

 

 

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1    (e) This Section does not enlarge or diminish a landlord's
2right to terminate a tenancy pursuant to existing State or
3local law, nor does this Section enlarge or diminish the
4ability of a unit of local government to regulate or enforce a
5prohibition against a landlord's harassment of a tenant.
 
6    Section 910. The Mobile Home Landlord and Tenant Rights Act
7is amended by changing Section 16 as follows:
 
8    (765 ILCS 745/16)  (from Ch. 80, par. 216)
9    Sec. 16. Improper grounds for eviction. The following
10conduct by a tenant shall not constitute grounds for eviction
11or termination of the lease, nor shall an eviction order be
12entered against a tenant:
13        (a) As a reprisal for the tenant's effort to secure or
14    enforce any rights under the lease or the laws of the State
15    of Illinois, or its governmental subdivisions of the United
16    States;
17        (b) As a reprisal for the tenant's good faith complaint
18    to a governmental authority of the park owner's alleged
19    violation of any health or safety law, regulation, code or
20    ordinance, or State law or regulation which has as its
21    objective the regulation of premises used for dwelling
22    purposes;
23        (c) As a reprisal for the tenant's being an organizer
24    or member of, or involved in any activities relative to a

 

 

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1    home owners association; .
2        (d) As a reprisal for a tenant's efforts to secure
3    remedies under the Immigrant Tenant Protection Act.
4(Source: P.A. 100-173, eff. 1-1-18.)
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.