SB3103sam001 100TH GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/20/2018

10000SB3103sam001 LRB100 19922 HEP 38824 a

AMENDMENT TO SENATE BILL 3103

AMENDMENT NO. ______. Amend Senate Bill 3103 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Immigrant Tenant Protection Act.

Section 5. Definitions. In this Act:

"Dwelling unit" means a room or suite of rooms, a manufactured home rental unit or lot as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used for human habitation, and for which a landlord and a tenant have a written or oral lease agreement.

"Immigration or citizenship status" includes a person's actual or perceived immigration status or citizenship status or the actual or perceived immigration status or citizenship status of a third-party with whom the person is associated.

"Landlord" means the owner, agent, lessor, or sublessor, or the successor in interest of any of them, of a dwelling unit, or the building of which it is part, and any person authorized to exercise any aspect of the management of the premises, including any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" includes the owner of a mobile home park.

"Organizational plaintiff" means an organization seeking relief pursuant to this Act to challenge prohibited conduct resulting in a diversion of the organization's resources, a frustration of the organization's purpose, or an injury to the organization's membership.

"Tenant" means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, or law to occupy a dwelling unit to the exclusion of others.

Section 10. Prohibited conduct.

(a) Except as otherwise provided in subsection (b), a landlord shall not:

(1) require that any tenant, prospective tenant, occupant, prospective occupant, or guest of a dwelling unit make any statement, representation, or certification concerning his or her, or another person's, immigration or citizenship status;

(2) threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or any person associated with a tenant or occupant;

(3) cause a tenant or occupant to quit or vacate the dwelling unit involuntarily because of the immigration or citizenship status of a tenant, occupant, or any person associated with a tenant or occupant;

(4) bring an action to recover possession of a dwelling unit because of the immigration or citizenship status of a tenant, occupant, or any person associated with a tenant or occupant;

(5) disclose to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the dwelling unit for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant, retaliating against a tenant or occupant for exercising his or her rights, influencing a tenant or occupant to vacate a dwelling unit, except as required by law or court order; or

(6) disclose to any immigration authority, law enforcement agency, or local, State, or federal agency information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the dwelling unit for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant, retaliating against a tenant or occupant for exercising his or her rights, influencing a tenant or occupant to vacate a dwelling unit, except as required by law or court order.

(b) Subsection (a) does not prohibit a landlord from doing any of the following:

(1) complying with any legal obligation under federal or State law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other court order; or

(2) requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.

(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or has violated an applicable rental agreement, rule, regulation, lease, or law is not a violation of this Act. An oral or written explanation of a rental agreement, rule, regulation, lease, or law given in the normal course of business is not a violation of this Act.

(d) This Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Act enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

(e) Any waiver of a right under this Act by a tenant, occupant, or person known to the landlord to be associated with a tenant or occupant is void as a matter of public policy.

Section 15. Remedies.

(a) If a landlord violates Section 10, the tenant, prospective tenant, occupant, prospective occupant, or an organizational plaintiff described in subsection (c) may bring a civil action to seek any one or more of the following remedies:

(1) actual damages, as reasonably determined by the court, for injury or loss suffered;

(2) a civil penalty in an amount not to exceed $2,000 for each violation;

(3) reasonable attorney's fees and court costs; and

(4) other equitable relief, including, but not limited to, injunctive relief to prevent the landlord from engaging in similar conduct with respect to other tenants, occupants, or persons associated with tenants or occupants.

(b) A tenant is not required to be actually or constructively evicted in order to obtain relief.

(c) An organizational plaintiff may seek relief pursuant to this Act to challenge prohibited conduct described in Section 10 resulting in a diversion of the organization's resources, a frustration of the organization's purpose, or an injury to the organization's membership. The organization shall be considered a party for the purposes of this Act.

(d) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under a civil action involving a tenant's or occupant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, except if:

(1) unless otherwise provided in subsection (e), the claims or defenses raised by the tenant or occupant place the person's immigration or citizenship status directly in contention; or

(2) the person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.

(e) The assertion of an affirmative defense to an eviction action under Section 9-106.3 of the Code of Civil Procedure does not constitute cause for discovery or other inquiry into a person's immigration or citizenship status.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 905. The Code of Civil Procedure is amended by adding Section 9-106.3 as follows:

(735 ILCS 5/9-106.3 new)

Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status.

(a) It is an affirmative defense to an action maintained under this Article if the court finds that:

(1) a landlord engaged in conduct prohibited by Section 10 of the Immigrant Tenant Protection Act; or

(2) the demand for possession is based solely on the tenant, occupant, or guest's immigration status.

(b) It is an affirmative defense to an action maintained under this Article if the court finds that the demand for possession is based solely on the failure of the previously approved tenant to provide a social security number or information or documentation necessary to determine or verify the tenant's financial qualifications or the tenant's identity.

(c) No affirmative defense exists under this Section if a landlord files an eviction action for the purpose of complying with any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant, any other federal law, or a subpoena, warrant, or other order issued by a court.

(d) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or has violated an applicable rental agreement, rule, regulation, lease, or law does not create a defense under this Section. An oral or written explanation of a rental agreement, rule, regulation, lease, or law given in the normal course of business does not create a defense under this Section.

(e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

(f) Nothing in this Section prevents the landlord from seeking to collect rent due under the lease agreement.

Section 910. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 16 as follows:

(765 ILCS 745/16) (from Ch. 80, par. 216)

Sec. 16. Improper grounds for eviction. The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall an eviction order be entered against a tenant:

(a) As a reprisal for the tenant's effort to secure or enforce any rights under the lease or the laws of the State of Illinois, or its governmental subdivisions of the United States;

(b) As a reprisal for the tenant's good faith complaint to a governmental authority of the park owner's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes;

(c) As a reprisal for the tenant's being an organizer or member of, or involved in any activities relative to a home owners association; .

(d) As a reprisal for a tenant's efforts to secure remedies under the Immigrant Tenant Protection Act.

(Source: P.A. 100-173, eff. 1-1-18.)

Section 999. Effective date. This Act takes effect upon becoming law.".