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Full Text of HB5415  102nd General Assembly

HB5415 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5415

 

Introduced 1/31/2022, by Rep. Sandra Hamilton

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Eviction Moratorium Clarification Act. Provides that in any eviction moratorium issued by the Governor through Executive Order or legislation passed by the General Assembly, the moratorium shall not prohibit the eviction of specified individuals. Provides that evictions may be filed, commenced, and enforced against the specified individuals, along with any individuals who otherwise fail to meet the stated requirements of an eviction moratorium. Provides that in a rental or lease agreement in which utility payments are included in the rent payment, the landlord or property manager shall not be responsible for a tenant's portion of a monthly utility payment for a tenant not paying rent who is protected by an eviction moratorium if the utility charges for that tenant are for more than 20% higher usage than any month in the previous year. Effective immediately.


LRB102 24794 LNS 34038 b

 

 

A BILL FOR

 

HB5415LRB102 24794 LNS 34038 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Eviction Moratorium Clarification Act.
 
6    Section 5. Covered persons.
7    (a) In any eviction moratorium issued by the Governor
8through Executive Order or legislation passed by the General
9Assembly, the moratorium shall not prohibit the eviction any
10of the following individuals:
11        (1) individuals who:
12            (A) have not experienced a substantial loss of
13        income, loss of compensable hours of work or wages, or
14        a substantial increase in out-of-pocket expenses
15        directly related to the COVID-19 pandemic;
16            (B) are not using their best efforts to make their
17        rent payments, although their situation permits full
18        payment taking into account other nondiscretionary
19        expenses; and
20            (C) eviction would not likely render homeless or
21        them to move into and live in close quarters in a new
22        congregate or shared living setting because they have
23        no other available housing options;

 

 

HB5415- 2 -LRB102 24794 LNS 34038 b

1        (2) individuals who now occupy the residential
2    property if no individuals in the household have had a
3    verbal or written rental agreement at any time or were
4    permissible cotenants with a person who had a verbal or
5    written rental agreement for the subject property; and
6        (3) individuals engaging in criminal activity while on
7    the premises, threatening the health or safety of other
8    residents, damaging or posing an immediate and significant
9    risk of damage to property, or engaging in unreasonable
10    behavior that substantially infringes on the use and
11    enjoyment by other tenants or occupants.
12    (b) Evictions may be filed, commenced, and enforced
13against individuals referenced in subsection (a), along with
14any individuals who otherwise fail to meet the stated
15requirements of an eviction moratorium.
16    (c) As used in this Section, "nondiscretionary expenses"
17include, but are not limited to, food, utilities, phone and
18Internet access, school supplies, cold-weather clothing,
19medical expenses, child care, and transportation costs,
20including car payments and insurance.
 
21    Section 10. Utility payments. In a rental or lease
22agreement in which utility payments are included in the rent
23payment, the landlord or property manager shall not be
24responsible for a tenant's portion of a monthly utility
25payment for a tenant not paying rent who is protected by an

 

 

HB5415- 3 -LRB102 24794 LNS 34038 b

1eviction moratorium if the utility charges for that tenant are
2for more than 20% higher usage than any month in the previous
3year.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.