Illinois General Assembly - Bill Status for HB5523

Amends the Code of Civil Procedure. Provides that it is an affirmative defense to a forcible entry action if the demand for possession is based on: the status of the tenant, lessee, or household member as a victim of domestic violence, dating violence, stalking, or sexual violence; an incident of domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member; or criminal activity engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control directly relating to domestic violence, dating violence, stalking, or sexual violence and against the tenant, lessee, or household member. Provides that the existence of the affirmative defense does not prevent a landlord from seeking possession solely against a tenant, household member, or lessee who perpetrated the violence. Effective immediately.

Replaces everything after the enacting clause with provisions substantially similar to the bill as introduced with the following changes and additions: provides that the affirmative defense is available if the demand for possession is based solely on one of the listed grounds (rather than based on one of the listed grounds); specifies types of evidence that shall be provided to support the affirmative defense; and states that the new provisions do not prevent a landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property. Makes other changes. Effective immediately.

Replaces everything after the enacting clause with provisions substantially similar to the bill as amended with the following changes and additions: provides that the affirmative defense is available if the court makes a finding (rather than the absence of a finding requirement) that grounds for an affirmative defense exists; adds, as a ground for an affirmative defense, that the tenant did not knowingly allow entry to a person that the landlord had barred from the premises. Provides that: a landlord may seek possession if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based; and a landlord may bar a person, other than a tenant or household member, from the premises by written notice to the tenant that states that if the tenant invites the barred person onto the premises, then the landlord may treat this as a breach of the lease, regardless of the lease terms. Provides the requirements of a landlord's notice to a barred person which informs the person that if he or she violates the notice by entry onto the premises, the person is guilty of criminal trespass to real property. Makes other changes. Effective immediately.

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