| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | AN ACT concerning local government. | |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||
4 | Section 5. The Counties Code is amended by adding Sections | |||||||||||||||||||||||||
5 | 5-1005.11 and 5-12024 as follows: | |||||||||||||||||||||||||
6 | (55 ILCS 5/5-1005.11 new) | |||||||||||||||||||||||||
7 | Sec. 5-1005.11. Crime-free housing and nuisance ordinance | |||||||||||||||||||||||||
8 | protections. | |||||||||||||||||||||||||
9 | (a) As used in this Section: | |||||||||||||||||||||||||
10 | "Dating violence" has the meaning given to that term under | |||||||||||||||||||||||||
11 | Section 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 | |||||||||||||||||||||||||
22 | under Section 10 of the Safe Homes Act. | |||||||||||||||||||||||||
23 | "Landlord" or "property owner" means the owner of a |
| |||||||
| |||||||
1 | building, or the owner's agent with regard to matters | ||||||
2 | concerning a landlord's leasing of one or more residential | ||||||
3 | dwelling units. | ||||||
4 | "Law enforcement agency" means a department or agency of | ||||||
5 | the United States, a state, a local government, or other | ||||||
6 | political subdivision of the United States, a state, or a | ||||||
7 | local government authorized by law or regulation to engage in | ||||||
8 | or supervise the prevention, detection, investigation, or | ||||||
9 | prosecution of a violation of criminal or civil law, | ||||||
10 | including, but not limited to, United States Immigration and | ||||||
11 | Customs Enforcement and the State's Department of Human | ||||||
12 | Services or Department of Children and Family Services. | ||||||
13 | "Penalty" includes, but is not limited to, an actual or | ||||||
14 | threatened action against a landlord in response to a landlord | ||||||
15 | failing to implement or enforce an ordinance, resolution, | ||||||
16 | policy, program or other regulation prohibited under | ||||||
17 | subsection (c) of this section, including revoking, | ||||||
18 | suspending, or refusing to issue a permit or license otherwise | ||||||
19 | required by the county for a property owner or landlord to | ||||||
20 | engage in the business of leasing within the county; or an | ||||||
21 | actual or threatened assessment of fines or fees, denial of | ||||||
22 | housing, eviction, termination of a tenancy, or failure to | ||||||
23 | renew a tenancy. | ||||||
24 | "Sexual assault" has the meaning given to that term under | ||||||
25 | Section 10 of the Safe Homes Act. | ||||||
26 | "Stalking" has the meaning given to that term under |
| |||||||
| |||||||
1 | Section 10 of the Safe Homes Act. | ||||||
2 | "Tenant" or "resident" means a person who has entered into | ||||||
3 | an oral or written lease with a landlord whereby the person is | ||||||
4 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | ordinance, resolution, policy, program, or other regulation | ||||||
9 | that 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | court, including for injunctive relief, monetary relief, | ||||||
15 | attorney's fees, and costs, against a county to enforce the | ||||||
16 | provisions of this Section. Nothing in this Section shall be | ||||||
17 | read to allow an aggrieved party to file or sustain an action | ||||||
18 | arising out of this Section against a landlord, owner, | ||||||
19 | management company, leasing agent, or real estate agent or any | ||||||
20 | other person or entity other than the county. | ||||||
21 | (e) If a county adopts, enforces, or implements a | ||||||
22 | crime-free housing or nuisance ordinance, resolution, policy, | ||||||
23 | program, or other regulation or any other ordinance, | ||||||
24 | resolution, policy, program, or other regulation that affects | ||||||
25 | a tenancy, the ordinance, resolution, policy, program, or | ||||||
26 | other regulation shall require the county and the landlord to |
| |||||||
| |||||||
1 | provide a 30 day written notice and an opportunity to be heard | ||||||
2 | to the tenant, household member, guest, or other person prior | ||||||
3 | to the county's direction or encouragement to file an eviction | ||||||
4 | action or the filing of an eviction action by the landlord. The | ||||||
5 | county 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | limit or prohibit the eviction of or imposition of penalties | ||||||
15 | against the perpetrator of domestic violence, dating violence, | ||||||
16 | sexual assault, stalking or other criminal activity. | ||||||
17 | (g) A home rule county may not regulate tenancy in a manner | ||||||
18 | inconsistent with this Section. This Section is a limitation | ||||||
19 | under subsection (i) of Section 6 of Article VII of the | ||||||
20 | Illinois Constitution on the concurrent exercise by home rule | ||||||
21 | units 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 | ||||||
24 | Coordinator. | ||||||
25 | (a) If a county adopts, enforces, or implements a |
| |||||||
| |||||||
1 | crime-free housing or nuisance ordinance, resolution, policy, | ||||||
2 | program, or other regulation, then the county shall create the | ||||||
3 | Office of the Crime Free Housing Coordinator. | ||||||
4 | (b) The Coordinator shall be designated by the county | ||||||
5 | board and shall have no less than 3 years of experience in | ||||||
6 | social work, social services, or community advocacy. | ||||||
7 | (c) The Coordinator shall receive fair housing training | ||||||
8 | from a qualified fair housing program, including training | ||||||
9 | specific to housing protections for survivors of domestic | ||||||
10 | violence, dating violence, sexual assault, stalking, and other | ||||||
11 | victims, persons with disabilities, and persons entitled to | ||||||
12 | protection under the Juvenile Court Act of 1987. Any resident, | ||||||
13 | property owner, tenant, landlord, or other person that | ||||||
14 | receives a notice to quit due to a violation of a crime-free | ||||||
15 | housing or nuisance ordinance, resolution, policy, program, or | ||||||
16 | other regulation shall be directed to the Office of the Crime | ||||||
17 | Free Housing Coordinator by the county. | ||||||
18 | (d) The Coordinator shall assist individuals affected by | ||||||
19 | the county crime-free housing or nuisance ordinance, | ||||||
20 | resolution, policy, program, or other regulation with securing | ||||||
21 | alternative safe, suitable housing if the individual received | ||||||
22 | a notice to quit due to a violation of the ordinance, | ||||||
23 | resolution, policy, program, or other regulation. | ||||||
24 | (e) The Coordinator shall offer training, outreach, and | ||||||
25 | educational materials, and may arrange for the offering of | ||||||
26 | courses in subjects relevant to: (i) tenant rights and (ii) |
| |||||||
| |||||||
1 | the laws encompassing tenant rights. | ||||||
2 | (f) The Office shall maintain the following information on | ||||||
3 | the 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 |
| |||||||
| |||||||
1 | business hours a toll-free telephone number to provide | ||||||
2 | information and resources on matters relating to tenant rights | ||||||
3 | and crime free housing. | ||||||
4 | (h) The Office shall conduct and make publicly available | ||||||
5 | an annual assessment of the fair housing implications of the | ||||||
6 | enforcement of any crime-free housing or nuisance ordinance, | ||||||
7 | resolution, policy, program, or other regulation in the | ||||||
8 | Office's jurisdiction. The assessment shall include data on | ||||||
9 | the number of notices for potential or actual violations | ||||||
10 | issued to landlords and tenants as a result of potential or | ||||||
11 | actual violations of crime-free housing ordinances, other | ||||||
12 | enforcement actions taken and evictions encouraged, ordered, | ||||||
13 | or filed due to the crime-free housing ordinance, broken down | ||||||
14 | by the protected class statuses set forth in the Illinois | ||||||
15 | Human Rights Act. The assessment shall also include | ||||||
16 | information on the type of criminal activity underlying each | ||||||
17 | enforcement action or eviction filing, if the enforcement was | ||||||
18 | triggered by or as a result of calls for law enforcement or | ||||||
19 | other emergency services, if there was a tenant, guest, | ||||||
20 | household member, or other person experiencing domestic | ||||||
21 | violence, dating violence, sexual assault, stalking, or other | ||||||
22 | violence in the home, if there was a tenant, guest, household | ||||||
23 | member, or other person in the home with a disability, and if | ||||||
24 | the enforcement of the crime-free housing ordinance resulted | ||||||
25 | in the eviction, lease termination, or lease non-renewal of | ||||||
26 | all or any members of the household. |
| |||||||
| |||||||
1 | Section 10. The Illinois Municipal Code is amended by | ||||||
2 | adding 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 | ||||||
7 | Section 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 | ||||||
18 | under Section 10 of the Safe Homes Act. | ||||||
19 | "Landlord" or "property owner" means the owner of a | ||||||
20 | building, or the owner's agent with regard to matters | ||||||
21 | concerning a landlord's leasing of one or more residential | ||||||
22 | dwelling units. | ||||||
23 | "Law enforcement agency" means a department or agency of | ||||||
24 | the United States, the State, a local government, or other |
| |||||||
| |||||||
1 | political subdivision of the United States, the State, or a | ||||||
2 | local government authorized by law or regulation to engage in | ||||||
3 | or supervise the prevention, detection, investigation, or | ||||||
4 | prosecution of a violation of criminal or civil law, | ||||||
5 | including, but not limited to, United States Immigration and | ||||||
6 | Customs Enforcement and the State's Department of Human | ||||||
7 | Services or Department of Children and Family Services. | ||||||
8 | "Penalty" includes, but is not limited to, an actual or | ||||||
9 | threatened action against a landlord in response to a landlord | ||||||
10 | failing to implement or enforce an ordinance, resolution, | ||||||
11 | policy, program or other regulation prohibited under | ||||||
12 | subsection (c) of this Section, including revoking, | ||||||
13 | suspending, or refusing to issue a permit or license otherwise | ||||||
14 | required by the county for a property owner or landlord to | ||||||
15 | engage in the business of leasing within the county; or an | ||||||
16 | actual or threatened assessment of fines or fees, denial of | ||||||
17 | housing, eviction, termination of a tenancy, or failure to | ||||||
18 | renew a tenancy. | ||||||
19 | "Sexual assault" has the meaning given to that term under | ||||||
20 | Section 10 of the Safe Homes Act. | ||||||
21 | "Stalking" has the meaning given to that term under | ||||||
22 | Section 10 of the Safe Homes Act. | ||||||
23 | "Tenant" or "resident" means a person who has entered into | ||||||
24 | an oral or written lease with a landlord whereby the person is | ||||||
25 | the lessee under the lease of a residential dwelling. | ||||||
26 | (b) Nothing in this Section shall apply to: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
1 | State or federal law. | ||||||
2 | (c) A municipality shall not adopt, enforce, or implement | ||||||
3 | any ordinance, resolution, policy, program, or other | ||||||
4 | regulation 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
6 | court, including for injunctive relief, monetary relief, | ||||||
7 | attorney's fees, and costs, against a municipality to enforce | ||||||
8 | the provisions of this Section. Nothing in this Section shall | ||||||
9 | be read to allow an aggrieved party to file or sustain an | ||||||
10 | action arising out of this Section against a landlord, owner, | ||||||
11 | management company, leasing agent, or real estate agent or any | ||||||
12 | other person or entity other than the municipality. | ||||||
13 | (e) If a municipality adopts, enforces, or implements a | ||||||
14 | crime-free housing or nuisance ordinance, resolution, policy, | ||||||
15 | program, or other regulation or any other ordinance, | ||||||
16 | resolution, policy, program, or other regulation that affects | ||||||
17 | a tenancy, the ordinance, resolution, policy, program, or | ||||||
18 | other regulation shall require the municipality and the | ||||||
19 | landlord to provide a 30 day written notice and an opportunity | ||||||
20 | to be heard to the tenant, household member, guest, or other | ||||||
21 | person prior to the municipality's direction or encouragement | ||||||
22 | to file an eviction action or the filing of an eviction action | ||||||
23 | by the landlord. The municipality and landlord notices shall | ||||||
24 | be in the following form: | ||||||
25 | (1) The municipality notice. | ||||||
26 | "To A.B.: You are hereby notified that in |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 | ||||||
7 | limit or prohibit the eviction of or imposition of penalties | ||||||
8 | against the perpetrator of domestic violence, dating violence, | ||||||
9 | sexual assault, stalking or other criminal activity. | ||||||
10 | (g) A home rule municipality may not regulate tenancy in a | ||||||
11 | manner inconsistent with this Section. This Section is a | ||||||
12 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
13 | the Illinois Constitution on the concurrent exercise by home | ||||||
14 | rule units of powers and functions exercised by the State. | ||||||
15 | Section 15. The Housing Authorities Act is amended by | ||||||
16 | adding 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 | ||||||
20 | authority may not adopt, enforce, or implement a county's or | ||||||
21 | municipality's ordinance, resolution, policy, program, or | ||||||
22 | other regulation affecting a tenancy prohibited by Section | ||||||
23 | 5-1005.11 of the Counties Code or Section 1-2.1-5 of the | ||||||
24 | Municipal Code. |
| |||||||
| |||||||
1 | (b) An aggrieved party may file an action in circuit | ||||||
2 | court, including for injunctive relief, monetary relief, | ||||||
3 | attorney's fees, and costs, against a housing authority to | ||||||
4 | enforce the provisions of this Section. Nothing in this | ||||||
5 | Section shall be read to allow an aggrieved party to file or | ||||||
6 | sustain an action arising out of this Section against a | ||||||
7 | landlord, owner, management company, leasing agent, or real | ||||||
8 | estate agent or any other person or entity other than the | ||||||
9 | housing authority. | ||||||
10 | (c) A home rule municipality may not adopt regulations | ||||||
11 | that encourage or require housing authorities to act in a | ||||||
12 | manner inconsistent with this Section. This Section is a | ||||||
13 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
14 | the Illinois Constitution on the concurrent exercise by home | ||||||
15 | rule units of powers and functions exercised by the State. |