104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2264

 

Introduced 2/7/2025, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1005.11 new
55 ILCS 5/5-12024 new
65 ILCS 5/1-2.1-11 new
310 ILCS 10/8.25 new

    Amends the Counties Code. Provides that a county shall not adopt, enforce, or implement any ordinance, resolution, policy, program, or other regulation that contains certain provisions such as imposing or threatening to impose a penalty against a resident, property owner, tenant, landlord, or other person as a consequence of requests for law enforcement or emergency assistance, on their own behalf or on behalf of another person in need of assistance, including, but not limited to, a request related to an incident of domestic violence, dating violence, sexual assault, stalking, or another act of violence or concerning an individual with a disability or a person entitled to protections under the Juvenile Court Act of 1987. Provides that if a county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall create the Office of the Crime Free Housing Coordinator. Provides that the coordinator shall be designated by the county board and shall have no less than 3 years of experience in social work, social services, or community advocacy. Provides that the coordinator shall receive fair housing training from a qualified fair housing program, including training specific to housing protections for survivors of domestic violence, dating violence, sexual assault, stalking, and other victims, persons with disabilities, and persons entitled to protection under the Juvenile Court Act of 1987. Provides that any resident, property owner, tenant, landlord, or other person that receives a notice to quit due to a violation of a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation shall be directed to the Office of the Crime Free Housing Coordinator by the county. Provides that a home rule county may not regulate tenancy in a manner inconsistent with this provision. Amends the Illinois Municipal Code and the Housing Authorities Act to make conforming changes.


LRB104 09080 RTM 19136 b

 

 

A BILL FOR

 

SB2264LRB104 09080 RTM 19136 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Sections
55-1005.11 and 5-12024 as follows:
 
6    (55 ILCS 5/5-1005.11 new)
7    Sec. 5-1005.11. Crime-free housing and nuisance ordinance
8protections.
9    (a) As used in this Section:
10    "Dating violence" has the meaning given to that term under
11Section 10 of the Safe Homes Act.
12    "Disability" means, with respect to a person:
13        (1) a physical or mental impairment which
14    substantially limits one or more of such person's major
15    life activities;
16        (2) a record of having such an impairment; or
17        (3) being regarded as having such an impairment, but
18    such term does not include current, illegal use of or
19    addiction to a controlled substance, as defined in the
20    federal Controlled Substances Act, 21 U.S.C. 802.
21    "Domestic violence," has the meaning given to that term
22under Section 10 of the Safe Homes Act.
23    "Landlord" or "property owner" means the owner of a

 

 

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1building, or the owner's agent with regard to matters
2concerning a landlord's leasing of one or more residential
3dwelling units.
4    "Law enforcement agency" means a department or agency of
5the United States, a state, a local government, or other
6political subdivision of the United States, a state, or a
7local government authorized by law or regulation to engage in
8or supervise the prevention, detection, investigation, or
9prosecution of a violation of criminal or civil law,
10including, but not limited to, United States Immigration and
11Customs Enforcement and the State's Department of Human
12Services or Department of Children and Family Services.
13    "Penalty" includes, but is not limited to, an actual or
14threatened action against a landlord in response to a landlord
15failing to implement or enforce an ordinance, resolution,
16policy, program or other regulation prohibited under
17subsection (c) of this section, including revoking,
18suspending, or refusing to issue a permit or license otherwise
19required by the county for a property owner or landlord to
20engage in the business of leasing within the county; or an
21actual or threatened assessment of fines or fees, denial of
22housing, eviction, termination of a tenancy, or failure to
23renew a tenancy.
24    "Sexual assault" has the meaning given to that term under
25Section 10 of the Safe Homes Act.
26    "Stalking" has the meaning given to that term under

 

 

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1Section 10 of the Safe Homes Act.
2    "Tenant" or "resident" means a person who has entered into
3an oral or written lease with a landlord whereby the person is
4the lessee under the lease of a residential dwelling.
5    (b) Nothing in this Section shall apply to:
6        (1) any regulation of commercial or business landlord
7    and tenant leases;
8        (2) any regulation of real estate tenancies entered
9    into for nonresidential purposes;
10        (3) any regulation of a commercial enterprise or
11    business that is required to have a license in order to
12    engage in commercial or business activity;
13        (4) any regulation of commercial tenancy or commercial
14    real estate in relation to the sale, use, consumption, or
15    distribution of liquor, tobacco, vaping equipment and
16    supplies, cannabis, weapons, food, drinks, or drug
17    paraphernalia;
18        (5) any regulation of commercial tenancy or commercial
19    real estate for the purpose of performances, hotels,
20    motels, bed and breakfasts, shared housing, vacation
21    rentals;
22        (6) any regulation of commercial tenancy or commercial
23    real estate for the removal, storage, distribution,
24    repairs, and manufacturing of any environmentally
25    hazardous substances or materials;
26        (7) any building, zoning, fire, or health code

 

 

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1    enforcement for conduct or contacts (i) unrelated to
2    contact with a law enforcement agency or other emergency
3    service or (ii) resulting in activity prohibited under
4    subsection (c) of this Section;
5        (8) any ordinance that provides for an enforcement
6    action against an owner or landlord for their continued or
7    chronic failure to maintain or repair a residential real
8    estate property as required under the municipality's
9    building, construction, zoning, fire, or health codes;
10        (9) any ordinance providing for administrative
11    adjudication of municipal code violations (i) unrelated to
12    contact with a law enforcement agency or other emergency
13    or (ii) resulting in activity prohibited under subsection
14    (c) of this Section;
15        (10) any program, policy, or ordinance that encourages
16    or requires the landlord to evict or not renew the lease of
17    a tenant convicted of murder, a Class X felony, or Class 1
18    felony for an act that occurred on the property, as long as
19    the program, policy, or ordinance does not encourage or
20    require the landlord to evict or not renew the lease of any
21    other tenant in the home not convicted of murder, Class X
22    felony, or Class 1 felony for an act that occurred on the
23    property, and as long as the program, policy, or ordinance
24    requires the county to provide written notice and an
25    opportunity to be heard to the tenant subject to eviction
26    at least 30 days before requiring a landlord to evict or

 

 

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1    not renew the tenant's lease; or
2        (11) any county program, whether voluntary or
3    mandatory, that provides training to landlords or tenants
4    on landlord and tenant law, fair housing, zoning, fire, or
5    health codes, as long as they do not violate this Act,
6    State or federal law.
7    (c) A county shall not adopt, enforce, or implement any
8ordinance, resolution, policy, program, or other regulation
9that does any of the following:
10        (1) imposes or threatens to impose a penalty against a
11    resident, property owner, tenant, landlord, or other
12    person as a consequence of:
13            (A) requests for law enforcement or emergency
14        assistance, on their own behalf or on behalf of
15        another person in need of assistance, including, but
16        not limited to, a request related to an incident of
17        domestic violence, dating violence, sexual assault,
18        stalking, or another act of violence or concerning an
19        individual with a disability or a person entitled to
20        protections under the Juvenile Court Act of 1987.
21            (B) criminal activity the person did not
22        perpetrate, including, but not limited to, criminal
23        activity related to an incident of domestic violence,
24        dating violence, sexual assault, or stalking or
25        concerning an individual with a disability;
26            (C) an arrest record, in violation of Section

 

 

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1        3-102 of the Illinois Human Rights Act.
2        (2) creates or uses training or promotional materials
3    contrary to this Act, State, or federal law.
4        (3) requires or promotes a property owner or landlord
5    to do, or impose a penalty on a property owner or landlord
6    for the failure to do, any of the following:
7            (A) evict a tenant, not renew the lease of a
8        tenant, or otherwise penalize a tenant for requests
9        for law enforcement or emergency assistance, on behalf
10        of the tenant or on behalf of another person in need of
11        assistance, including, but not limited to, contact
12        with law enforcement or emergency services for a
13        person entitled to protections under the Juvenile
14        Court Act of 1987;
15            (B) evict a tenant, not renew the lease of a
16        tenant, or otherwise penalize a tenant because of the
17        tenant's association with another tenant, guest,
18        household member, or other person who has been
19        arrested or has a criminal conviction;
20            (B) include a provision in a lease or rental
21        agreement that provides as grounds for eviction any
22        cause that is in conflict with this Act, State, or
23        federal law;
24            (C) evict a tenant, not renew the lease of a
25        tenant, or otherwise penalize a tenant for any acts of
26        criminal activity the tenant did not perpetrate

 

 

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1        including, but not limited to, criminal activity
2        related to an incident of domestic violence, dating
3        violence, sexual assault, stalking, or another act of
4        violence, or concerning an individual with a
5        disability;
6            (D) evict or not renew the lease of a tenant solely
7        on the basis of an arrest record in violation Section
8        3-102 of the Illinois Human Rights Act; or
9        (4) define as a nuisance any number of requests for
10    law enforcement or emergency assistance as a nuisance,
11    requested by or for a tenant, landlord, resident, guest,
12    property owner, or other person.
13    (d) An aggrieved party may file an action in circuit
14court, including for injunctive relief, monetary relief,
15attorney's fees, and costs, against a county to enforce the
16provisions of this Section. Nothing in this Section shall be
17read to allow an aggrieved party to file or sustain an action
18arising out of this Section against a landlord, owner,
19management company, leasing agent, or real estate agent or any
20other person or entity other than the county.
21    (e) If a county adopts, enforces, or implements a
22crime-free housing or nuisance ordinance, resolution, policy,
23program, or other regulation or any other ordinance,
24resolution, policy, program, or other regulation that affects
25a tenancy, the ordinance, resolution, policy, program, or
26other regulation shall require the county and the landlord to

 

 

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1provide a 30 day written notice and an opportunity to be heard
2to the tenant, household member, guest, or other person prior
3to the county's direction or encouragement to file an eviction
4action or the filing of an eviction action by the landlord. The
5county and landlord notices shall be in the following form:
6        (1) The county notice.
7            "To A.B.: You are hereby notified that in
8        consequence of (here insert the name of the person in
9        violation) violation of (here insert the character of
10        the violation as defined by the crime-free housing or
11        nuisance ordinance, resolution, policy, program, or
12        other regulation) you may be at risk of eviction.
13        (Here insert the name of the person in violation) is
14        accused of (insert the violation) on (insert date).
15        You have 30 days from today to request a hearing from
16        an informal hearing officer at the county at (insert
17        phone number and address). The county cannot encourage
18        or order your eviction or lease to not be renewed if
19        you or others called the police or emergency services
20        for help, or if you or others are crime victims or
21        otherwise not at fault."
22        The notice shall also include the name, contact
23    information, and a description of local community-based
24    and legal aid organizations that provide tenant rights
25    services as well as State and local domestic violence,
26    dating violence, sexual assault, stalking, and other

 

 

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1    victim services. The notice is to be signed by the Chief
2    Law Enforcement Officer for the county, who has reviewed
3    the information to confirm that violations underlying the
4    notice are not in conflict with this Act, State, or
5    federal law. The opportunity to be heard shall be provided
6    by the county in a forum with a neutral party to
7    adjudicate. The tenants receiving the notice shall have an
8    opportunity to have legal counsel present, solicit and
9    present testimony, and receive written discovery. Any
10    statements made by the tenants to the Crime Free Housing
11    Coordinator cannot be admitted into evidence.
12        (2) The landlord notice.
13            "To A.B.: You are hereby notified that in
14        consequence of (here insert the name of the person in
15        violation) violation of (here insert the character of
16        the violation) I am required to terminate (here insert
17        the name of the person in violation) tenancy and (here
18        insert name of the person in violation) is hereby
19        notified to (quit and deliver up possession or vacate)
20        the premises (here describe the premises) within 30
21        days of this date (dated, etc.). The notice (to quit
22        and deliver up possession or vacate) only applies to
23        (insert the name of the person in violation) and does
24        not affect the tenancy of the other tenants. If (here
25        insert the name of the person in violation) believes
26        that this notice has been served in error or would like

 

 

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1        assistance in securing alternative housing, they may
2        contact the Office of the Crime Free Housing
3        Coordinator at (insert phone number and address)."
4        The notice shall also include the name, contact
5    information, and a description of local community-based
6    and legal aid organizations that provide tenant rights
7    services as well as State and local domestic violence,
8    dating violence, sexual assault, stalking, and other
9    victim services. The notice is to be signed by the lessor
10    or his or her agent, and no other notice or demand of
11    possession or termination of such tenancy shall be given,
12    unless otherwise required by federal or State law.
13    (f) Nothing with respect to this Section shall be read to
14limit or prohibit the eviction of or imposition of penalties
15against the perpetrator of domestic violence, dating violence,
16sexual assault, stalking or other criminal activity.
17    (g) A home rule county may not regulate tenancy in a manner
18inconsistent with this Section. This Section is a limitation
19under subsection (i) of Section 6 of Article VII of the
20Illinois Constitution on the concurrent exercise by home rule
21units of powers and functions exercised by the State.
 
22    (55 ILCS 5/5-12024 new)
23    Sec. 5-12024. Office of the Crime Free Housing
24Coordinator.
25    (a) If a county adopts, enforces, or implements a

 

 

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1crime-free housing or nuisance ordinance, resolution, policy,
2program, or other regulation, then the county shall create the
3Office of the Crime Free Housing Coordinator.
4    (b) The Coordinator shall be designated by the county
5board and shall have no less than 3 years of experience in
6social work, social services, or community advocacy.
7    (c) The Coordinator shall receive fair housing training
8from a qualified fair housing program, including training
9specific to housing protections for survivors of domestic
10violence, dating violence, sexual assault, stalking, and other
11victims, persons with disabilities, and persons entitled to
12protection under the Juvenile Court Act of 1987. Any resident,
13property owner, tenant, landlord, or other person that
14receives a notice to quit due to a violation of a crime-free
15housing or nuisance ordinance, resolution, policy, program, or
16other regulation shall be directed to the Office of the Crime
17Free Housing Coordinator by the county.
18    (d) The Coordinator shall assist individuals affected by
19the county crime-free housing or nuisance ordinance,
20resolution, policy, program, or other regulation with securing
21alternative safe, suitable housing if the individual received
22a notice to quit due to a violation of the ordinance,
23resolution, policy, program, or other regulation.
24    (e) The Coordinator shall offer training, outreach, and
25educational materials, and may arrange for the offering of
26courses in subjects relevant to: (i) tenant rights and (ii)

 

 

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1the laws encompassing tenant rights.
2    (f) The Office shall maintain the following information on
3the county's public-facing:
4        (1) The text of the Landlord and Tenant Act, the
5    Security Deposit Return Act, the Security Deposit Interest
6    Act, the Retaliatory Eviction Act, the Landlord
7    Retaliation Act, the Property Taxes of Noncitizen
8    Landlords Act, the Rent Concession Act, the Rental
9    Property Utility Service Act, the Tenant Utility Payment
10    Disclosure Act, the Residential Tenants' Right to Repair
11    Act, the Mobile Home Landlord and Tenant Rights Act, the
12    Safe Homes Act, the Summary of Rights for Safer Homes Act,
13    the Immigrant Tenant Protection Act, the Illinois Human
14    Rights Act, this Act, the county's crime-free housing or
15    nuisance ordinance, and any other statute, administrative
16    rule, or regulation that the Coordinator determines is
17    relevant to tenant rights or fair housing.
18        (2) the name, contact information, and a description
19    of local community-based and legal aid organizations that
20    provide tenant rights services and local and State
21    domestic violence, sexual assault, dating violence, and
22    stalking organizations and other community-based victim
23    services organizations.
24        (3) any other information that the Coordinator
25    determines is useful to tenants and landlords.
26    (g) The Office shall make available during regular

 

 

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1business hours a toll-free telephone number to provide
2information and resources on matters relating to tenant rights
3and crime free housing.
4    (h) The Office shall conduct and make publicly available
5an annual assessment of the fair housing implications of the
6enforcement of any crime-free housing or nuisance ordinance,
7resolution, policy, program, or other regulation in the
8Office's jurisdiction. The assessment shall include data on
9the number of notices for potential or actual violations
10issued to landlords and tenants as a result of potential or
11actual violations of crime-free housing ordinances, other
12enforcement actions taken and evictions encouraged, ordered,
13or filed due to the crime-free housing ordinance, broken down
14by the protected class statuses set forth in the Illinois
15Human Rights Act. The assessment shall also include
16information on the type of criminal activity underlying each
17enforcement action or eviction filing, if the enforcement was
18triggered by or as a result of calls for law enforcement or
19other emergency services, if there was a tenant, guest,
20household member, or other person experiencing domestic
21violence, dating violence, sexual assault, stalking, or other
22violence in the home, if there was a tenant, guest, household
23member, or other person in the home with a disability, and if
24the enforcement of the crime-free housing ordinance resulted
25in the eviction, lease termination, or lease non-renewal of
26all or any members of the household.
 

 

 

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1    Section 10. The Illinois Municipal Code is amended by
2adding Section 1-2.1-11 as follows:
 
3    (65 ILCS 5/1-2.1-11 new)
4    Sec. 1-2.1-11. Crime-free housing ordinance protections.
5    (a) As used in this Section:
6    "Dating violence" has the meaning given to that term under
7Section 10 of the Safe Homes Act.
8    "Disability" means, with respect to a person:
9        (1) a physical or mental impairment which
10    substantially limits one or more of such person's major
11    life activities;
12        (2) a record of having such an impairment; or
13        (3) being regarded as having such an impairment, but
14    such term does not include current, illegal use of or
15    addiction to a controlled substance, as defined in the
16    federal Controlled Substances Act, 21 U.S.C. 802.
17    "Domestic violence," has the meaning given to that term
18under Section 10 of the Safe Homes Act.
19    "Landlord" or "property owner" means the owner of a
20building, or the owner's agent with regard to matters
21concerning a landlord's leasing of one or more residential
22dwelling units.
23    "Law enforcement agency" means a department or agency of
24the United States, the State, a local government, or other

 

 

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1political subdivision of the United States, the State, or a
2local government authorized by law or regulation to engage in
3or supervise the prevention, detection, investigation, or
4prosecution of a violation of criminal or civil law,
5including, but not limited to, United States Immigration and
6Customs Enforcement and the State's Department of Human
7Services or Department of Children and Family Services.
8    "Penalty" includes, but is not limited to, an actual or
9threatened action against a landlord in response to a landlord
10failing to implement or enforce an ordinance, resolution,
11policy, program or other regulation prohibited under
12subsection (c) of this Section, including revoking,
13suspending, or refusing to issue a permit or license otherwise
14required by the county for a property owner or landlord to
15engage in the business of leasing within the county; or an
16actual or threatened assessment of fines or fees, denial of
17housing, eviction, termination of a tenancy, or failure to
18renew a tenancy.
19    "Sexual assault" has the meaning given to that term under
20Section 10 of the Safe Homes Act.
21    "Stalking" has the meaning given to that term under
22Section 10 of the Safe Homes Act.
23    "Tenant" or "resident" means a person who has entered into
24an oral or written lease with a landlord whereby the person is
25the lessee under the lease of a residential dwelling.
26(b) Nothing in this Section shall apply to:

 

 

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1        (1) any regulation of commercial or business landlord
2    and tenant leases;
3        (2) any regulation of real estate tenancies entered
4    into for nonresidential purposes;
5        (3) any regulation of a commercial enterprise or
6    business that is required to have a license in order to
7    engage in commercial or business activity;
8        (4) any regulation of tenancy or real estate in
9    relation to the sale, use, consumption or distribution of
10    liquor, tobacco, vaping equipment and supplies, cannabis,
11    weapons, food, drinks, or drug paraphernalia;
12        (5) any regulation of tenancy or real estate for the
13    purpose of performances, hotels, motels, bed and
14    breakfasts, shared housing, vacation rentals;
15        (6) any regulation of tenancy or real estate for the
16    removal, storage, distribution, repairs, and manufacturing
17    of any environmentally hazardous substances or materials;
18        (7) any building, zoning, fire, or health code
19    enforcement for conduct or contacts unrelated to (i):
20    contact with a law enforcement agency or other emergency
21    service as defined in subsection (a) of this Section; or
22    (ii) resulting in activity prohibited under subsection (c)
23    of this Section;
24        (8) any ordinance that provides for an enforcement
25    action against an owner or landlord for their continued or
26    chronic failure to maintain or repair a residential real

 

 

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1    estate property as required under the municipality's
2    building, construction, zoning, fire, or health codes;
3        (9) any ordinance providing for administrative
4    adjudication of municipal code violations unrelated to (i)
5    contact with a law enforcement agency or other emergency
6    service as defined in subsection (a) of this Section or
7    (ii) resulting in activity prohibited under subsection (c)
8    of this Section;
9        (10) any program, policy, or ordinance that encourages
10    or requires the landlord to evict or not renew the lease of
11    a tenant convicted of murder, a Class X felony, or Class
12    One felony for an act that occurred on the property, as
13    long as the program, policy, or ordinance does not
14    encourage or require the landlord to evict or not renew
15    the lease of any other tenant in the home not convicted of
16    murder, Class X felony, or Class One felony for an act that
17    occurred on the property, and as long as the program,
18    policy, or ordinance requires the county to provide
19    written notice and an opportunity to be heard to the
20    tenant subject to eviction at least 30 days before
21    requiring a landlord to evict or not renew the tenant's
22    lease; or
23        (11) any county program, whether voluntary or
24    mandatory, that provides training to landlords or tenants
25    on landlord and tenant law, fair housing, zoning, fire, or
26    health codes, as long as they do not violate this Act,

 

 

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1    State or federal law.
2    (c) A municipality shall not adopt, enforce, or implement
3any ordinance, resolution, policy, program, or other
4regulation that does any of the following:
5        (1) imposes, or threatens to impose a penalty against
6    a resident, property owner, tenant, landlord, or other
7    person as a consequence of:
8            (A) requests for law enforcement or emergency
9        assistance for the person or on behalf of another
10        person in need of assistance, including, but not
11        limited to, a request related to an incident of
12        domestic violence, dating violence, sexual assault,
13        stalking, or another act of violence, or concerning an
14        individual with a disability or a person entitled to
15        protections under the Juvenile Court Act of 1987.
16            (B) criminal activity the resident, property
17        owner, tenant, landlord, or other person did not
18        perpetrate, including, but not limited to, criminal
19        activity related to an incident of domestic violence,
20        dating violence, sexual assault, or stalking or
21        concerning an individual with a disability;
22            (C) an arrest record, in violation of Section
23        3-102 of the Illinois Human Rights Act;
24        (2) creates or uses training or promotional materials
25    contrary to this Act, State, or federal law;
26        (3) requires or promotes a property owner or landlord

 

 

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1    to do, or impose a penalty on a property owner or landlord
2    for the failure to do, any of the following:
3            (A) evict or not renew the lease of a tenant for
4        requests for law enforcement or emergency assistance,
5        on behalf of the tenant or on behalf of another person
6        in need of assistance, including, but not limited to,
7        contact with law enforcement or emergency services for
8        a person entitled to protections under the Juvenile
9        Court Act of 1987, or because of the tenant's
10        association with another tenant, guest, household
11        member, or other person who has been arrested or has a
12        criminal conviction.
13            (B) include a provision in a lease or rental
14        agreement that provides as grounds for eviction any
15        cause that is in conflict with this Act, State, or
16        federal law;
17            (C) evict or not renew the lease of a tenant for
18        any acts of criminal activity the tenant did not
19        perpetrate including, but not limited to, criminal
20        activity related to an incident of domestic violence,
21        dating violence, sexual assault, stalking, or another
22        act of violence, or concerning an individual with a
23        disability;
24            (D) evict or not renew the lease of a tenant solely
25        on the basis of an arrest record in violation of
26        Section 3-102 of the Illinois Human Rights Act; or

 

 

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1        (4) define as a nuisance requests for law enforcement
2    or emergency assistance, requested by or for a tenant,
3    landlord, resident, guest, property owner, or other
4    person.
5    (d) An aggrieved party may file an action in circuit
6court, including for injunctive relief, monetary relief,
7attorney's fees, and costs, against a municipality to enforce
8the provisions of this Section. Nothing in this Section shall
9be read to allow an aggrieved party to file or sustain an
10action arising out of this Section against a landlord, owner,
11management company, leasing agent, or real estate agent or any
12other person or entity other than the municipality.
13    (e) If a municipality adopts, enforces, or implements a
14crime-free housing or nuisance ordinance, resolution, policy,
15program, or other regulation or any other ordinance,
16resolution, policy, program, or other regulation that affects
17a tenancy, the ordinance, resolution, policy, program, or
18other regulation shall require the municipality and the
19landlord to provide a 30 day written notice and an opportunity
20to be heard to the tenant, household member, guest, or other
21person prior to the municipality's direction or encouragement
22to file an eviction action or the filing of an eviction action
23by the landlord. The municipality and landlord notices shall
24be in the following form:
25        (1) The municipality notice.
26            "To A.B.: You are hereby notified that in

 

 

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1        consequence of (here insert the name of the person in
2        violation) violation of (here insert the character of
3        the violation as defined by the crime-free housing or
4        nuisance ordinance, resolution, policy, program, or
5        other regulation) you may be at risk of eviction.
6        (Here insert the name of the person in violation) is
7        accused of (insert the violation) on (insert date).
8        You have 30 days from today to request a hearing from
9        an informal hearing officer at the municipality at
10        (insert phone number and address). The municipality
11        cannot encourage or order your eviction or lease to
12        not be renewed if you or others called the police or
13        emergency services for help, or if you or others are
14        crime victims or otherwise not at fault."
15        The notice shall also include the name, contact
16    information, and a description of local community-based
17    and legal aid organizations that provide tenant rights
18    services as well as State and local domestic violence,
19    dating violence, sexual assault, stalking, and other
20    victim services. The notice is to be signed by the Chief
21    Law Enforcement Officer for the municipality, who has
22    reviewed the information to confirm that violations
23    underlying the notice are not in conflict with this Act,
24    State, or federal law. The opportunity to be heard shall
25    be provided by the municipality in a forum with a neutral
26    party to adjudicate. The tenants receiving the notice

 

 

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1    shall have an opportunity to have legal counsel present,
2    solicit and present testimony, and receive written
3    discovery. Any statements made by the tenants to the Crime
4    Free Housing Coordinator cannot be admitted into evidence.
5        (2) The landlord notice.
6            "To A.B.: You are hereby notified that in
7        consequence of (here insert the name of the person in
8        violation) violation of (here insert the character of
9        the violation) I am required to terminate (here insert
10        the name of the person in violation) tenancy and (here
11        insert name of the person in violation) is hereby
12        notified to (quit and deliver up possession or vacate)
13        the premises (here describe the premises) within 30
14        days of this date (dated, etc.). The notice (to quit
15        and deliver up possession or vacate) only applies to
16        (insert the name of the person in violation) and does
17        not affect the tenancy of the other tenants. If (here
18        insert the name of the person in violation) believes
19        that this notice has been served in error or would like
20        assistance in securing alternative housing, they may
21        contact the Office of the Crime Free Housing
22        Coordinator at (insert phone number and address)."
23        The notice shall also include the name, contact
24    information, and a description of local community-based
25    and legal aid organizations that provide tenant rights
26    services as well as State and local domestic violence,

 

 

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1    dating violence, sexual assault, stalking, and other
2    victim services. The notice is to be signed by the lessor
3    or his or her agent, and no other notice or demand of
4    possession or termination of such tenancy shall be given,
5    unless otherwise required by federal or State law.
6    (f) Nothing with respect to this Section shall be read to
7limit or prohibit the eviction of or imposition of penalties
8against the perpetrator of domestic violence, dating violence,
9sexual assault, stalking or other criminal activity.
10    (g) A home rule municipality may not regulate tenancy in a
11manner inconsistent with this Section. This Section is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
 
15    Section 15. The Housing Authorities Act is amended by
16adding Section 8.25 as follows:
 
17    (310 ILCS 10/8.25 new)
18    Sec. 8.25. Crime-free housing and nuisance ordinances.
19    (a) Unless otherwise required by federal law, a housing
20authority may not adopt, enforce, or implement a county's or
21municipality's ordinance, resolution, policy, program, or
22other regulation affecting a tenancy prohibited by Section
235-1005.11 of the Counties Code or Section 1-2.1-5 of the
24Municipal Code.

 

 

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1    (b) An aggrieved party may file an action in circuit
2court, including for injunctive relief, monetary relief,
3attorney's fees, and costs, against a housing authority to
4enforce the provisions of this Section. Nothing in this
5Section shall be read to allow an aggrieved party to file or
6sustain an action arising out of this Section against a
7landlord, owner, management company, leasing agent, or real
8estate agent or any other person or entity other than the
9housing authority.
10    (c) A home rule municipality may not adopt regulations
11that encourage or require housing authorities to act in a
12manner inconsistent with this Section. This Section is a
13limitation under subsection (i) of Section 6 of Article VII of
14the Illinois Constitution on the concurrent exercise by home
15rule units of powers and functions exercised by the State.