Sen. Karina Villa

Filed: 5/7/2024

 

 


 

 


 
10300HB4768sam001LRB103 37572 JRC 73126 a

1
AMENDMENT TO HOUSE BILL 4768

2    AMENDMENT NO. ______. Amend House Bill 4768 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Landlord Retaliation Act.
 
6    Section 5. Prohibition on retaliatory conduct by landlord.
7It is declared to be against public policy of the State for a
8landlord to take retaliatory action against a tenant. A
9landlord may not knowingly terminate a tenancy, increase rent,
10decrease services, bring or threaten to bring a lawsuit
11against a tenant for possession or refuse to renew a lease or
12tenancy because the tenant has in good faith done any of the
13following:
14        (1) complained of code violations applicable to the
15    premises to the relevant governmental agency, elected
16    representative, or public official charged with

 

 

10300HB4768sam001- 2 -LRB103 37572 JRC 73126 a

1    responsibility for enforcement of a building, housing,
2    health, or similar code;
3        (2) complained of a building, housing, health, or
4    similar code violation or an illegal landlord practice to
5    a community organization;
6        (3) sought the assistance of a community organization
7    to remedy a code violation or illegal landlord practice;
8        (4) complained or requested the landlord to make
9    repairs to the premises as required by a building code,
10    health ordinance, other regulation, or the residential
11    rental agreement;
12        (5) organized or become a member of a tenants' union
13    or similar organization;
14        (6) testified in any court or administrative
15    proceeding concerning the condition of the premises; or
16        (7) exercised any right or remedy provided by law.
 
17    Section 10. Remedies for violation of this Act. If the
18landlord acts in violation of this Act, the tenant has a
19defense in any retaliatory action against the tenant, and a
20landlord shall be subject to a civil action for damages and
21other appropriate relief, including, but not limited to, the
22following remedies:
23        (1) terminate the rental agreement and, if the rental
24    agreement is terminated, the landlord shall return all
25    security and interest recoverable under the Security

 

 

10300HB4768sam001- 3 -LRB103 37572 JRC 73126 a

1    Deposit Return Act and all prepaid rent;
2        (2) recover possession of the premises if the landlord
3    has dispossessed, threatened to dispossess, or is in the
4    process of dispossessing; and
5        (3) recovery of an amount equal to and not more than 2
6    months' rent or 2 times the damages sustained by the
7    tenant, whichever is greater, and reasonable attorney's
8    fees.
 
9    Section 15. Non-retaliatory actions. An action is not
10retaliatory if the landlord can prove a legitimate,
11non-retaliatory basis for the action; or the landlord began
12the action before the tenant engaged in the protected
13activity.
 
14    Section 20. Rebuttable presumption. In an action by or
15against the tenant, if within one year before the alleged act
16of retaliation there is evidence that the retaliation was
17against tenant's conduct that is protected under this Act,
18that evidence creates a rebuttable presumption that the
19landlord's conduct was retaliatory. The presumption does not
20arise if the protected tenant activity was initiated after the
21alleged act of retaliation.
 
22    (765 ILCS 720/Act rep.)
23    Section 95. The Retaliatory Eviction Act is repealed.".