Sen. Cristina Castro

Filed: 5/8/2018

 

 


 

 


 
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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.
15    "Landlord" means the owner, agent, lessor, or sublessor, or
16the successor in interest of any of them, of a dwelling unit,

 

 

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1or the building of which it is part, and any person authorized
2to exercise any aspect of the management of the premises,
3including any person who directly or indirectly receives rents
4and has no obligation to deliver the whole of the receipts to
5another person. "Landlord" includes the owner of a mobile home
6park.
7    "Tenant" means a person entitled by written or oral
8agreement, subtenancy approved by the landlord or by
9sufferance, or law to occupy a dwelling unit to the exclusion
10of others.
 
11    Section 10. Prohibited conduct.
12    (a) This Section does not prohibit a landlord from
13complying with any legal obligation under federal, State, or
14local law, including, but not limited to, any legal obligation
15under any government program that provides for rent limitations
16or rental assistance to a qualified tenant or a subpoena,
17warrant, or other court order.
18    (b) This Section does not prohibit a landlord from
19requesting information or documentation necessary to determine
20or verify the financial qualifications of a prospective tenant.
21    (c) This Section does not prohibit a landlord from
22delivering to the tenant an oral or written notice regarding
23conduct by the tenant that violates, may violate, or has
24violated an applicable rental agreement, including the lease or
25any rule, regulation, or law.

 

 

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1    (d) 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 Act enlarge or diminish the ability of
4a unit of local government to regulate or enforce a prohibition
5against a landlord's harassment of a tenant.
6    (e) Nothing in this Section prevents a landlord from
7seeking to collect rent due under the lease agreement.
8    (f) Except as otherwise provided in this Section, a
9landlord shall not:
10        (1) as a condition of tenancy, require a tenant or
11    prospective tenant to make any statement, representation,
12    or certification concerning his or her, or another
13    person's, immigration or citizenship status;
14        (2) unless required by law or court order, threaten to
15    disclose or actually disclose information regarding or
16    relating to the immigration or citizenship status of a
17    tenant to any person, entity, or any immigration or law
18    enforcement agency with the intent of harassing or
19    intimidating the tenant, retaliating against the tenant
20    for exercising his or her rights, or influencing the tenant
21    to surrender possession; or
22        (3) unless required by law or court order, bring an
23    action to recover possession of a dwelling unit based
24    solely or in part on the immigration or citizenship status
25    of a tenant.
26    (g) Any waiver of a right under this Act by a tenant is

 

 

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1void as a matter of public policy.
 
2    Section 15. Remedies.
3    (a) If a landlord engages in prohibited conduct described
4in subsection (f) of Section 10 against a tenant, the tenant
5may bring a civil action to seek any one or more of the
6following remedies:
7        (1) actual damages, as reasonably determined by the
8    court, for injury or loss suffered;
9        (2) a civil penalty in an amount not to exceed $2,000
10    for each violation;
11        (3) reasonable attorney's fees and court costs; and
12        (4) other equitable relief as the court may deem
13    appropriate and just.
14    (b) If a landlord engages in prohibited conduct described
15in paragraph (1) of subsection (f) of Section 10 against a
16prospective tenant, the prospective tenant may bring a civil
17action to seek any one or more of the following remedies:
18        (1) actual damages, as reasonably determined by the
19    court, for injury or loss suffered;
20        (2) a civil penalty in an amount not to exceed $2,000
21    for each violation;
22        (3) reasonable attorney's fees and court costs; and
23        (4) other equitable relief as the court may deem
24    appropriate and just.
25    (c) An action for injunctive relief may be brought by a

 

 

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1nonprofit organization exempt from federal income taxation
2under Section 501(c)(3) of the Internal Revenue Code of 1986,
3as amended. Such an organization shall be considered a party
4for purposes of this Act. An action brought by such an
5organization shall require a demonstrable relationship to the
6organization's mission and:
7        (1) a diversion of the organization's resources;
8        (2) a frustration of the organization's purpose; or
9        (3) an injury to the organization's membership.
10    (d) The immigration or citizenship status of any person is
11irrelevant to any issue of liability or remedy in a civil
12action involving a tenant's housing rights. In proceedings or
13discovery undertaken in a civil action involving a tenant's
14housing rights, no inquiry shall be permitted into the tenant's
15immigration or citizenship status, except if:
16        (1) unless otherwise provided in subsection (e), the
17    claims or defenses raised by the tenant place the person's
18    immigration or citizenship status directly in contention;
19    or
20        (2) the person seeking to make the inquiry demonstrates
21    by clear and convincing evidence that the inquiry is
22    necessary in order to comply with federal law.
23    (e) The assertion of an affirmative defense to an eviction
24action under Section 9-106.3 of the Code of Civil Procedure
25does not constitute cause for discovery or other inquiry into a
26person's immigration or citizenship status.
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 905. The Code of Civil Procedure is amended by
4adding Section 9-106.3 as follows:
 
5    (735 ILCS 5/9-106.3 new)
6    Sec. 9-106.3. Affirmative defenses for retaliation on the
7basis of immigration status.
8    (a) It is an affirmative defense to an action maintained
9under this Article if the court finds that:
10        (1) the landlord's demand for possession is based
11    solely or in part on the citizenship or immigration status
12    of the tenant;
13        (2) the landlord's demand for possession is based
14    solely or in part on the tenant's failure to provide a
15    social security number, information required to obtain a
16    consumer credit report, or a form of identification deemed
17    acceptable by the landlord, the lease with the tenant has
18    commenced, and the tenant has taken possession.
19    (b) This Section does not prohibit a landlord from
20complying with any legal obligation under federal, State, or
21local law, including, but not limited to, any legal obligation
22under any government program that provides for rent limitations
23or rental assistance to a qualified tenant or a subpoena,

 

 

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1warrant, or other court order.
2    (c) This Section does not prohibit a landlord from
3requesting information or documentation necessary to determine
4or verify the financial qualifications of a prospective tenant.
5    (d) This Section does not prohibit a landlord from
6delivering to the tenant an oral or written notice regarding
7conduct by the tenant that violates, may violate, or has
8violated an applicable rental agreement, including the lease or
9any rule, regulation, or law.
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    Section 910. The Mobile Home Landlord and Tenant Rights Act
16is amended by changing Section 16 as follows:
 
17    (765 ILCS 745/16)  (from Ch. 80, par. 216)
18    Sec. 16. Improper grounds for eviction. The following
19conduct by a tenant shall not constitute grounds for eviction
20or termination of the lease, nor shall an eviction order be
21entered against a tenant:
22        (a) As a reprisal for the tenant's effort to secure or
23    enforce any rights under the lease or the laws of the State
24    of Illinois, or its governmental subdivisions of the United

 

 

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