HB5550 103RD GENERAL ASSEMBLY

LRB103 39514 JRC 69715 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5550

Introduced 2/9/2024, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

New Act

Creates the Summary of Rights for Safer Homes Act. Requires the Department of Human Rights to create a summary form advising tenants who have suffered domestic violence or sexual violence of the rights that they have under Illinois law that provide protection in their ability to have safe housing. Requires landlords to attach a copy of the summary as the first page of any written residential lease entered into with a tenant.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Summary of Rights for Safer Homes Act.

Section 5. Legislative intent. The purpose of this Act is to promote the State's interest in enabling more victims of domestic or sexual violence and their families to become timely aware of the existing housing protections they have under 6 Illinois statutes and how to exercise their rights under these statutes. By requiring that a summary of these rights appear on page 1 of each residential lease, more tenants will become timely aware of these rights and how to exercise them. This will lead to safer homes and greater financial security for more victims of domestic or sexual violence and their families.

Section 10. Definitions. As used in this Act:

"Domestic violence" means "abuse" as defined in Section 103 of the Illinois Domestic Violence Act of 1986 by a "family or household member" as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Landlord" means the owner of the building or the owner's agent for matters concerning the landlord's leasing of a dwelling.

"Sexual violence" means any act of sexual assault, sexual abuse, or stalking of an adult or minor child. This includes, but is not limited to, non-consensual sexual conduct or non-consensual sexual penetration as defined in the Civil No Contact Order Act and the offense of stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, and aggravated criminal sexual abuse as those offenses are described in the Criminal Code of 2012.

"Tenant" means a person who has entered into a written lease with a landlord in which the person is the lessee under the lease.

Section 15. Summary of Illinois housing protections for survivors of domestic violence and sexual violence and acknowledgment of receipt of summary form.

(a) The Director of the Illinois Department of Human Rights shall prepare a summary identifying the key rights and remedies of tenants or household members of tenants who are survivors of domestic violence or sexual violence under the following 6 Illinois statutes: the Safe Homes Act; the Eviction Article in the Code of Civil Procedure; the Illinois Human Rights Act; and Section 8-201.6 of the Public Utilities Act providing for the deferral of deposit for victims of domestic violence and ordinances that prohibit penalizing tenants who contact police or other emergency services in Section 1-2-1.5 of the Illinois Municipal Code and Section 5-1005.10 of the Counties Code. The Director shall make this summary available for public inspection and copying no later than 60 days after this bill becomes law.

(b) Space must be provided at the bottom of each page of the summary that the tenant may sign as acknowledgment of the tenant's receipt of the summary as attached to a paper version of the lease or inserted into an electronic version of the lease.

(c) The summary described in this Act shall be prepared in consultation with Illinois domestic and sexual violence service providers.

Section 20. Disclosure of summary to tenants and obtaining acknowledgment of receipt. A landlord or a landlord's agent shall attach a copy of the summary of this Act as the first page of any written residential lease they enter into with a tenant, including for a new rental or renewal, and obtain the signature of each tenant in the acknowledgment of receipt at the bottom of each page of the summary.

Section 25. Evidence of attachment of summary and delivery of summary to tenants under written residential leases.

(a) The signature of the tenant at the bottom of each page of the summary described in this Act may simultaneously act as evidence that the landlord fulfilled the obligations described in this Act for that tenant.

(b) Failure of the landlord to provide the evidence described in this Section creates a rebuttable presumption that the landlord failed to comply with the landlord's disclosure obligations in this Act.

Section 30. Failure to comply with the Act's requirements.

(a) A landlord who is found to have failed to comply with the requirements of this Act for any tenant under a written residential lease shall be liable to that tenant for the greater of: (i) the tenant's actual damages, if any, not to exceed $2,000 or (ii) $100.

(b) If a tenant brings a private right of action under this Act and prevails in such action, the tenant shall also be awarded all court costs and reasonable attorney's fees. There is no requirement for the tenant to seek relief under this Act through the Illinois Department of Human Rights.