Illinois General Assembly - Full Text of SB3103
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Full Text of SB3103  100th General Assembly

SB3103enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3103 EnrolledLRB100 19922 HEP 36120 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
5Immigrant Tenant Protection Act.
 
6    Section 5. Definitions. In this Act:
7    "Dwelling unit" means a room or suite of rooms, a
8manufactured home rental unit or lot as defined in Section 3 of
9the Mobile Home Landlord and Tenant Rights Act, or other
10residential real estate used for human habitation, and for
11which a landlord and a tenant have a written or oral lease
12agreement.
13    "Immigration or citizenship status" includes a person's
14actual immigration status or citizenship status.
15    "Landlord" means the owner, agent, lessor, or sublessor, or
16the successor in interest of any of them, of a dwelling unit,
17or the building of which it is part, and any person authorized
18to exercise any aspect of the management of the premises,
19including any person who directly or indirectly receives rents
20and has no obligation to deliver the whole of the receipts to
21another person. "Landlord" includes the owner of a mobile home
22park.
23    "Tenant" means a person entitled by written or oral

 

 

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1agreement, subtenancy approved by the landlord or by
2sufferance, or law to occupy a dwelling unit to the exclusion
3of others.
 
4    Section 10. Prohibited conduct.
5    (a) This Section does not prohibit a landlord from
6complying with any legal obligation under federal, State, or
7local law, including, but not limited to, any legal obligation
8under any government program that provides for rent limitations
9or rental assistance to a qualified tenant or a subpoena,
10warrant, or other court order.
11    (b) This Section does not prohibit a landlord from
12requesting information or documentation necessary to determine
13or verify the financial qualifications of a prospective tenant.
14    (c) This Section does not prohibit a landlord from
15delivering to the tenant an oral or written notice regarding
16conduct by the tenant that violates, may violate, or has
17violated an applicable rental agreement, including the lease or
18any rule, regulation, or law.
19    (d) This Section does not enlarge or diminish a landlord's
20right to terminate a tenancy pursuant to existing State or
21local law, nor does this Act enlarge or diminish the ability of
22a unit of local government to regulate or enforce a prohibition
23against a landlord's harassment of a tenant.
24    (e) Nothing in this Section prevents a landlord from
25seeking to collect rent due under the lease agreement.

 

 

SB3103 Enrolled- 3 -LRB100 19922 HEP 36120 b

1    (f) Except as otherwise provided in this Section, a
2landlord shall not:
3        (1) unless required by law or court order, threaten to
4    disclose or actually disclose information regarding or
5    relating to the immigration or citizenship status of a
6    tenant to any person, entity, or any immigration or law
7    enforcement agency with the intent of harassing or
8    intimidating the tenant, retaliating against the tenant
9    for exercising his or her rights, or influencing the tenant
10    to surrender possession; or
11        (2) unless required by law or court order, bring an
12    action to recover possession of a dwelling unit based
13    solely or in part on the immigration or citizenship status
14    of a tenant.
15    (g) Any waiver of a right under this Act by a tenant is
16void as a matter of public policy.
 
17    Section 15. Remedies.
18    (a) If a landlord engages in prohibited conduct described
19in subsection (f) of Section 10 against a tenant, the tenant
20may bring a civil action to seek any one or more of the
21following remedies:
22        (1) actual damages, as reasonably determined by the
23    court, for injury or loss suffered;
24        (2) a civil penalty in an amount not to exceed $2,000
25    for each violation;

 

 

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1        (3) reasonable attorney's fees and court costs; and
2        (4) other equitable relief as the court may deem
3    appropriate and just.
4    (b) The immigration or citizenship status of any person is
5irrelevant to any issue of liability or remedy in a civil
6action involving a tenant's housing rights. In proceedings or
7discovery undertaken in a civil action involving a tenant's
8housing rights, no inquiry shall be permitted into the tenant's
9immigration or citizenship status, except if:
10        (1) unless otherwise provided in subsection (c), the
11    claims or defenses raised by the tenant place the person's
12    immigration or citizenship status directly in contention;
13    or
14        (2) the person seeking to make the inquiry demonstrates
15    by clear and convincing evidence that the inquiry is
16    necessary in order to comply with federal law.
17    (c) The assertion of an affirmative defense to an eviction
18action under Section 9-106.3 of the Code of Civil Procedure
19does not constitute cause for discovery or other inquiry into a
20person's immigration or citizenship status.
 
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
 
23    Section 905. The Code of Civil Procedure is amended by
24adding Section 9-106.3 as follows:
 

 

 

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1    (735 ILCS 5/9-106.3 new)
2    Sec. 9-106.3. Affirmative defenses for retaliation on the
3basis of immigration status.
4    (a) It is an affirmative defense to an action maintained
5under this Article if the court finds that:
6        (1) the landlord's demand for possession is based
7    solely or in part on the citizenship or immigration status
8    of the tenant; or
9        (2) the landlord's demand for possession is based
10    solely or in part on the tenant's failure to provide a
11    social security number, information required to obtain a
12    consumer credit report, or a form of identification deemed
13    acceptable by the landlord, and the lease with the tenant
14    has commenced, and the tenant has taken possession.
15    (b) This Section does not prohibit a landlord from
16complying with any legal obligation under federal, State, or
17local law, including, but not limited to, any legal obligation
18under any government program that provides for rent limitations
19or rental assistance to a qualified tenant or a subpoena,
20warrant, or other court order.
21    (c) This Section does not prohibit a landlord from
22requesting information or documentation necessary to determine
23or verify the financial qualifications of a prospective tenant.
24    (d) This Section does not prohibit a landlord from
25delivering to the tenant an oral or written notice regarding

 

 

SB3103 Enrolled- 6 -LRB100 19922 HEP 36120 b

1conduct by the tenant that violates, may violate, or has
2violated an applicable rental agreement, including the lease or
3any rule, regulation, or law.
4    (e) This Section does not enlarge or diminish a landlord's
5right to terminate a tenancy pursuant to existing State or
6local law, nor does this Section enlarge or diminish the
7ability of a unit of local government to regulate or enforce a
8prohibition against a landlord's harassment of a tenant.
 
9    Section 910. The Mobile Home Landlord and Tenant Rights Act
10is amended by changing Section 16 as follows:
 
11    (765 ILCS 745/16)  (from Ch. 80, par. 216)
12    Sec. 16. Improper grounds for eviction. The following
13conduct by a tenant shall not constitute grounds for eviction
14or termination of the lease, nor shall an eviction order be
15entered against a tenant:
16        (a) As a reprisal for the tenant's effort to secure or
17    enforce any rights under the lease or the laws of the State
18    of Illinois, or its governmental subdivisions of the United
19    States;
20        (b) As a reprisal for the tenant's good faith complaint
21    to a governmental authority of the park owner's alleged
22    violation of any health or safety law, regulation, code or
23    ordinance, or State law or regulation which has as its
24    objective the regulation of premises used for dwelling

 

 

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1    purposes;
2        (c) As a reprisal for the tenant's being an organizer
3    or member of, or involved in any activities relative to a
4    home owners association; .
5        (d) As a reprisal for or on the basis of the tenant's
6    immigration or citizenship status.
7(Source: P.A. 100-173, eff. 1-1-18.)
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.