Sen. Cristina Castro

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3103

2    AMENDMENT NO. ______. Amend Senate Bill 3103 by replacing
3everything after the enacting clause with the following:
 
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
8manufactured home rental unit or lot as defined in Section 3 of
9the Mobile Home Landlord and Tenant Rights Act, or other
10residential real estate used for human habitation, and for
11which a landlord and a tenant have a written or oral lease
12agreement.
13    "Immigration or citizenship status" includes a person's
14actual or perceived immigration status or citizenship status or
15the actual or perceived immigration status or citizenship
16status of a third-party with whom the person is associated.

 

 

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1    "Landlord" means the owner, agent, lessor, or sublessor, or
2the successor in interest of any of them, of a dwelling unit,
3or the building of which it is part, and any person authorized
4to exercise any aspect of the management of the premises,
5including any person who directly or indirectly receives rents
6and has no obligation to deliver the whole of the receipts to
7another person. "Landlord" includes the owner of a mobile home
8park.
9    "Organizational plaintiff" means an organization seeking
10relief pursuant to this Act to challenge prohibited conduct
11resulting in a diversion of the organization's resources, a
12frustration of the organization's purpose, or an injury to the
13organization's membership.
14    "Tenant" means a person entitled by written or oral
15agreement, subtenancy approved by the landlord or by
16sufferance, or law to occupy a dwelling unit to the exclusion
17of others.
 
18    Section 10. Prohibited conduct.
19    (a) Except as otherwise provided in subsection (b), a
20landlord shall not:
21        (1) require that any tenant, prospective tenant,
22    occupant, prospective occupant, or guest of a dwelling unit
23    make any statement, representation, or certification
24    concerning his or her, or another person's, immigration or
25    citizenship status;

 

 

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1        (2) threaten to disclose information regarding or
2    relating to the immigration or citizenship status of a
3    tenant, occupant, or any person associated with a tenant or
4    occupant;
5        (3) cause a tenant or occupant to quit or vacate the
6    dwelling unit involuntarily because of the immigration or
7    citizenship status of a tenant, occupant, or any person
8    associated with a tenant or occupant;
9        (4) bring an action to recover possession of a dwelling
10    unit because of the immigration or citizenship status of a
11    tenant, occupant, or any person associated with a tenant or
12    occupant;
13        (5) disclose to any person or entity information
14    regarding or relating to the immigration or citizenship
15    status of any tenant, prospective tenant, occupant, or
16    prospective occupant of the dwelling unit for the purpose
17    of, or with the intent of, harassing or intimidating a
18    tenant, prospective tenant, occupant, or prospective
19    occupant, retaliating against a tenant or occupant for
20    exercising his or her rights, influencing a tenant or
21    occupant to vacate a dwelling unit, except as required by
22    law or court order; or
23        (6) disclose to any immigration authority, law
24    enforcement agency, or local, State, or federal agency
25    information regarding or relating to the immigration or
26    citizenship status of any tenant, prospective tenant,

 

 

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1    occupant, or prospective occupant of the dwelling unit for
2    the purpose of, or with the intent of, harassing or
3    intimidating a tenant, prospective tenant, occupant, or
4    prospective occupant, retaliating against a tenant or
5    occupant for exercising his or her rights, influencing a
6    tenant or occupant to vacate a dwelling unit, except as
7    required by law or court order.
8    (b) Subsection (a) does not prohibit a landlord from doing
9any of the following:
10        (1) complying with any legal obligation under federal
11    or State law, including, but not limited to, any legal
12    obligation under any government program that provides for
13    rent limitations or rental assistance to a qualified
14    tenant, or a subpoena, warrant, or other court order; or
15        (2) requesting information or documentation necessary
16    to determine or verify the financial qualifications of a
17    prospective tenant, or to determine or verify the identity
18    of a prospective tenant or prospective occupant.
19    (c) 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 is not a violation
23of this Act. An oral or written explanation of a rental
24agreement, rule, regulation, lease, or law given in the normal
25course of business is not a violation of this Act.
26    (d) This Act does not enlarge or diminish a landlord's

 

 

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1right to terminate a tenancy pursuant to existing State or
2local law, nor does this Act enlarge or diminish the ability of
3a unit of local government to regulate or enforce a prohibition
4against a landlord's harassment of a tenant.
5    (e) Any waiver of a right under this Act by a tenant,
6occupant, or person known to the landlord to be associated with
7a tenant or occupant is void as a matter of public policy.
 
8    Section 15. Remedies.
9    (a) If a landlord violates Section 10, the tenant,
10prospective tenant, occupant, prospective occupant, or an
11organizational plaintiff described in subsection (c) may bring
12a civil action to seek any one or more of the following
13remedies:
14        (1) actual damages, as reasonably determined by the
15    court, for injury or loss suffered;
16        (2) a civil penalty in an amount not to exceed $2,000
17    for each violation;
18        (3) reasonable attorney's fees and court costs; and
19        (4) other equitable relief, including, but not limited
20    to, injunctive relief to prevent the landlord from engaging
21    in similar conduct with respect to other tenants,
22    occupants, or persons associated with tenants or
23    occupants.
24    (b) A tenant is not required to be actually or
25constructively evicted in order to obtain relief.

 

 

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1    (c) An organizational plaintiff may seek relief pursuant to
2this Act to challenge prohibited conduct described in Section
310 resulting in a diversion of the organization's resources, a
4frustration of the organization's purpose, or an injury to the
5organization's membership. The organization shall be
6considered a party for the purposes of this Act.
7    (d) The immigration or citizenship status of any person is
8irrelevant to any issue of liability or remedy under a civil
9action involving a tenant's or occupant's housing rights. In
10proceedings or discovery undertaken in a civil action involving
11a tenant's or occupant's housing rights, no inquiry shall be
12permitted into the tenant's or occupant's immigration or
13citizenship status, except if:
14        (1) unless otherwise provided in subsection (e), the
15    claims or defenses raised by the tenant or occupant place
16    the person's immigration or citizenship status directly in
17    contention; or
18        (2) the person seeking to make the inquiry demonstrates
19    by clear and convincing evidence that the inquiry is
20    necessary in order to comply with federal law.
21    (e) The assertion of an affirmative defense to an eviction
22action under Section 9-106.3 of the Code of Civil Procedure
23does not constitute cause for discovery or other inquiry into a
24person's immigration or citizenship status.
 
25    Section 97. Severability. The provisions of this Act are

 

 

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1severable under Section 1.31 of the Statute on Statutes.
 
2    Section 905. The Code of Civil Procedure is amended by
3adding Section 9-106.3 as follows:
 
4    (735 ILCS 5/9-106.3 new)
5    Sec. 9-106.3. Affirmative defenses for retaliation on the
6basis of immigration status.
7    (a) It is an affirmative defense to an action maintained
8under this Article if the court finds that:
9        (1) a landlord engaged in conduct prohibited by Section
10    10 of the Immigrant Tenant Protection Act; or
11        (2) the demand for possession is based solely on the
12    tenant, occupant, or guest's immigration status.
13    (b) It is an affirmative defense to an action maintained
14under this Article if the court finds that the demand for
15possession is based solely on the failure of the previously
16approved tenant to provide a social security number or
17information or documentation necessary to determine or verify
18the tenant's financial qualifications or the tenant's
19identity.
20    (c) No affirmative defense exists under this Section if a
21landlord files an eviction action for the purpose of complying
22with any legal obligation under any government program that
23provides for rent limitations or rental assistance to a
24qualified tenant, any other federal law, or a subpoena,

 

 

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1warrant, or other order issued by a court.
2    (d) An oral or written warning notice, given in good faith,
3regarding conduct by a tenant, occupant, or guest that
4violates, may violate, or has violated an applicable rental
5agreement, rule, regulation, lease, or law does not create a
6defense under this Section. An oral or written explanation of a
7rental agreement, rule, regulation, lease, or law given in the
8normal course of business does not create a defense under this
9Section.
10    (e) This Section does not enlarge or diminish a landlord's
11right to terminate a tenancy pursuant to existing State or
12local law, nor does this Section enlarge or diminish the
13ability of a unit of local government to regulate or enforce a
14prohibition against a landlord's harassment of a tenant.
15    (f) Nothing in this Section prevents the landlord from
16seeking to collect rent due under the lease agreement.
 
17    Section 910. The Mobile Home Landlord and Tenant Rights Act
18is amended by changing Section 16 as follows:
 
19    (765 ILCS 745/16)  (from Ch. 80, par. 216)
20    Sec. 16. Improper grounds for eviction. The following
21conduct by a tenant shall not constitute grounds for eviction
22or termination of the lease, nor shall an eviction order be
23entered against a tenant:
24        (a) As a reprisal for the tenant's effort to secure or

 

 

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1    enforce any rights under the lease or the laws of the State
2    of Illinois, or its governmental subdivisions of the United
3    States;
4        (b) As a reprisal for the tenant's good faith complaint
5    to a governmental authority of the park owner's alleged
6    violation of any health or safety law, regulation, code or
7    ordinance, or State law or regulation which has as its
8    objective the regulation of premises used for dwelling
9    purposes;
10        (c) As a reprisal for the tenant's being an organizer
11    or member of, or involved in any activities relative to a
12    home owners association; .
13        (d) As a reprisal for a tenant's efforts to secure
14    remedies under the Immigrant Tenant Protection Act.
15(Source: P.A. 100-173, eff. 1-1-18.)
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".