Full Text of HB5519 100th General Assembly
HB5519eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Immigrant Tenant Protection Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Dwelling unit" means a room or suite of rooms, a mobile | 8 | | home rental unit or lot as defined in Section 3 of the Mobile | 9 | | Home Landlord and Tenant Rights Act, or other residential real | 10 | | estate used for human habitation, and for which a landlord and | 11 | | a tenant have a written or oral lease agreement. | 12 | | "Immigration or citizenship status" includes a perception | 13 | | that the person has a particular immigration status or | 14 | | citizenship status, or that the person is associated with | 15 | | another person who has, or is perceived to have, a particular | 16 | | immigration status or citizenship status. | 17 | | "Landlord" means the owner, agent, lessor, or sublessor, or | 18 | | the successor in interest of any of them, of a dwelling unit or | 19 | | the building of which it is part. "Landlord" includes the owner | 20 | | of a mobile home park and any person authorized to exercise any | 21 | | aspect of the management of the premises, including any person | 22 | | who directly or indirectly receives rents and has no obligation | 23 | | to deliver the whole of the receipts to another person. |
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| 1 | | "Tenant" means a person entitled by written or oral | 2 | | agreement, subtenancy approved by the landlord or by | 3 | | sufferance, or law to occupy a dwelling unit to the exclusion | 4 | | of others. | 5 | | Section 10. Prohibited conduct. | 6 | | (a) Except as otherwise provided in subsection (b), a | 7 | | landlord shall not: | 8 | | (1) require that any tenant, prospective tenant, | 9 | | occupant, prospective occupant, or guest of a dwelling unit | 10 | | make any statement, representation, or certification | 11 | | concerning his or her, or another person's, immigration or | 12 | | citizenship status; | 13 | | (2) threaten to disclose information regarding or | 14 | | relating to the immigration or citizenship status of a | 15 | | tenant, occupant, or other person known to the landlord to | 16 | | be associated with a tenant or occupant; | 17 | | (3) cause a tenant or occupant to quit involuntarily or | 18 | | bring an action to recover possession of a dwelling unit | 19 | | because of the immigration or citizenship status of a | 20 | | tenant, occupant, or other person known to the landlord to | 21 | | be associated with a tenant or occupant; | 22 | | (4) disclose to any person or entity information | 23 | | regarding or relating to the immigration or citizenship | 24 | | status of any tenant, prospective tenant, occupant, or | 25 | | prospective occupant of the dwelling unit for the purpose |
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| 1 | | of, or with the intent of, harassing or intimidating a | 2 | | tenant, prospective tenant, occupant, or prospective | 3 | | occupant, retaliating against a tenant or occupant for | 4 | | exercising his or her rights, influencing a tenant or | 5 | | occupant to vacate a dwelling unit, or recovering | 6 | | possession of a dwelling unit, except as required by law or | 7 | | court order; or | 8 | | (5) disclose to any immigration authority, law | 9 | | enforcement agency, or local, State, or federal agency | 10 | | information regarding or relating to the immigration or | 11 | | citizenship status of any tenant, prospective tenant, | 12 | | occupant, or prospective occupant of the dwelling unit for | 13 | | the purpose of, or with the intent of, harassing or | 14 | | intimidating a tenant, prospective tenant, occupant, or | 15 | | prospective occupant, retaliating against a tenant or | 16 | | occupant for exercising his or her rights, influencing a | 17 | | tenant or occupant to vacate a dwelling unit, or recovering | 18 | | possession of a dwelling unit, except as required by law or | 19 | | court order. | 20 | | (b) Subsection (a) does not prohibit a landlord from doing | 21 | | any of the following: | 22 | | (1) complying with any legal obligation under federal | 23 | | or State law, including, but not limited to, any legal | 24 | | obligation under any government program that provides for | 25 | | rent limitations or rental assistance to a qualified | 26 | | tenant, or a subpoena, warrant, or other court order; or |
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| 1 | | (2) requesting information or documentation necessary | 2 | | to determine or verify the financial qualifications of a | 3 | | prospective tenant, or to determine or verify the identity | 4 | | of a prospective tenant or prospective occupant. | 5 | | (c) An oral or written warning notice, given in good faith, | 6 | | regarding conduct by a tenant, occupant, or guest that | 7 | | violates, may violate, or has violated an applicable rental | 8 | | agreement, rule, regulation, lease, or law is not a violation | 9 | | of this Act. An oral or written explanation of a rental | 10 | | agreement, rule, regulation, lease, or law given in the normal | 11 | | course of business is not a violation of this Act. | 12 | | (d) This Act does not enlarge or diminish a landlord's | 13 | | right to terminate a tenancy pursuant to existing State or | 14 | | local law, nor does this Act enlarge or diminish the ability of | 15 | | a unit of local government to regulate or enforce a prohibition | 16 | | against a landlord's harassment of a tenant. | 17 | | (e) Any waiver of a right under this Act by a tenant, | 18 | | occupant, or person known to the landlord to be associated with | 19 | | a tenant or occupant is void as a matter of public policy. | 20 | | Section 15. Remedies. | 21 | | (a) If a landlord violates subsection (a) of Section 10, | 22 | | the tenant, prospective tenant, occupant, or prospective | 23 | | occupant may bring a civil action to seek any one or more of | 24 | | the following remedies: | 25 | | (1) actual damages, as reasonably determined by the |
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| 1 | | court, for injury or loss suffered; | 2 | | (2) a civil penalty in an amount not to exceed $2,000 | 3 | | for each violation; | 4 | | (3) reasonable attorney's fees and court costs; and | 5 | | (4) other equitable relief as the court may deem | 6 | | appropriate and just. | 7 | | (b) A tenant is not required to be actually or | 8 | | constructively evicted in order to obtain relief. | 9 | | (c) A court finding a violation of subsection (a) of | 10 | | Section 10 may issue injunctive relief to prevent the landlord | 11 | | from engaging in similar conduct with respect to other tenants, | 12 | | occupants, and persons known to the landlord to be associated | 13 | | with the tenants or occupants. An action for injunctive relief | 14 | | pursuant to this subsection may be brought by a nonprofit | 15 | | organization exempt from federal income taxation under | 16 | | Sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code of | 17 | | 1986, as amended. Such an organization shall be considered a | 18 | | party for purposes of this Act. | 19 | | (d) The immigration or citizenship status of any person is | 20 | | irrelevant to any issue of liability or remedy under a civil | 21 | | action involving a tenant's or occupant's housing rights. In | 22 | | proceedings or discovery undertaken in a civil action involving | 23 | | a tenant's or occupant's housing rights, no inquiry shall be | 24 | | permitted into the tenant's or occupant's immigration or | 25 | | citizenship status, except if: | 26 | | (1) unless otherwise provided in subsection (e), the |
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| 1 | | claims or defenses raised by the tenant or occupant place | 2 | | the person's immigration or citizenship status directly in | 3 | | contention; or | 4 | | (2) the person seeking to make the inquiry demonstrates | 5 | | by clear and convincing evidence that the inquiry is | 6 | | necessary in order to comply with federal law. | 7 | | (e) The assertion of an affirmative defense to an eviction | 8 | | action under Section 9-106.3 of the Code of Civil Procedure | 9 | | does not constitute cause for discovery or other inquiry into a | 10 | | person's immigration or citizenship status. | 11 | | Section 97. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes. | 13 | | Section 905. The Code of Civil Procedure is amended by | 14 | | adding Section 9-106.3 as follows: | 15 | | (735 ILCS 5/9-106.3 new) | 16 | | Sec. 9-106.3. Affirmative defenses for retaliation on the | 17 | | basis of immigration status. | 18 | | (a) It is an affirmative defense to an action maintained | 19 | | under this Article that a landlord engaged in conduct | 20 | | prohibited by subsection (a) of Section 10 of the Immigrant | 21 | | Tenant Protection Act. | 22 | | (b) If the landlord approved the tenant to take possession | 23 | | of the premises before filing the eviction action, there is a |
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| 1 | | rebuttable presumption that the tenant is entitled to an | 2 | | affirmative defense under this Section at any time before the | 3 | | expiration of the lease term if the eviction complaint includes | 4 | | one or more of the following claims: | 5 | | (1) the failure of the previously approved tenant to | 6 | | provide a social security number; | 7 | | (2) the failure of the previously approved tenant to | 8 | | provide information required to obtain a consumer credit | 9 | | report; or | 10 | | (3) the failure of the previously approved tenant to | 11 | | provide a form of identification deemed acceptable by the | 12 | | landlord. | 13 | | (c) No affirmative defense exists under this Section if a | 14 | | landlord files an eviction action for the purpose of complying | 15 | | with any legal obligation under any government program that | 16 | | provides for rent limitations or rental assistance to a | 17 | | qualified tenant, any other federal law, or a subpoena, | 18 | | warrant, or other order issued by a court. | 19 | | (d) An oral or written warning notice, given in good faith, | 20 | | regarding conduct by a tenant, occupant, or guest that | 21 | | violates, may violate, or has violated an applicable rental | 22 | | agreement, rule, regulation, lease, or law does not create a | 23 | | defense under this Section. An oral or written explanation of a | 24 | | rental agreement, rule, regulation, lease, or law given in the | 25 | | normal course of business does not create a defense under this | 26 | | Section. |
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| 1 | | (e) This Section does not enlarge or diminish a landlord's | 2 | | right to terminate a tenancy pursuant to existing State or | 3 | | local law, nor does this Section enlarge or diminish the | 4 | | ability of a unit of local government to regulate or enforce a | 5 | | prohibition against a landlord's harassment of a tenant. | 6 | | Section 910. The Mobile Home Landlord and Tenant Rights Act | 7 | | is amended by changing Section 16 as follows:
| 8 | | (765 ILCS 745/16) (from Ch. 80, par. 216)
| 9 | | Sec. 16. Improper grounds for eviction. The following | 10 | | conduct by a tenant
shall not constitute grounds for eviction | 11 | | or termination of the lease,
nor shall an eviction order be | 12 | | entered against a tenant:
| 13 | | (a) As a reprisal for the tenant's effort to secure or | 14 | | enforce any rights
under the lease or the laws of the State | 15 | | of Illinois, or its governmental
subdivisions of the United | 16 | | States;
| 17 | | (b) As a reprisal for the tenant's good faith complaint | 18 | | to a governmental
authority of the park owner's alleged | 19 | | violation of any health or safety
law, regulation, code or | 20 | | ordinance, or State law or regulation which has
as its | 21 | | objective the regulation of premises used for dwelling | 22 | | purposes;
| 23 | | (c) As a reprisal for the tenant's being an organizer | 24 | | or member of, or
involved in any activities relative to a |
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| 1 | | home owners association ; .
| 2 | | (d) As a reprisal for a tenant's efforts to secure | 3 | | remedies under the Immigrant Tenant Protection Act. | 4 | | (Source: P.A. 100-173, eff. 1-1-18 .)
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.
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