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Full Text of SB3103  100th General Assembly

SB3103 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3103

 

Introduced 2/15/2018, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
New Act
735 ILCS 5/9-106.3 new
765 ILCS 745/16  from Ch. 80, par. 216

    Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not require disclosure of, disclose, intimidate, harass, or evict a tenant on the basis of a person's immigration or citizenship status. Provides that an oral or written warning notice or explanation, given in good faith, regarding the applicable rental agreement, rules, regulations, lease, or law is not a violation of the Act. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the 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. Provides remedies. Provides that an action for injunctive relief may be brought by a nonprofit organization. Provides that 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, with exceptions. Contains a severability clause. Amends the Eviction Article of the Code of Civil Procedure. Provides that it is an affirmative defense to an eviction that a landlord engaged in conduct prohibited under the Immigrant Tenant Protection Act. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for a tenant's efforts to secure remedies under the Immigrant Tenant Protection Act. Effective immediately.


LRB100 19922 HEP 36120 b

 

 

A BILL FOR

 

SB3103LRB100 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 perception
14that the person has a particular immigration status or
15citizenship status, or that the person is associated with
16another person who has, or is perceived to have, a particular
17immigration status or citizenship status.
18    "Landlord" means the owner, agent, lessor, or sublessor, or
19the successor in interest of any of them, of a dwelling unit,
20or the building of which it is part, and any person authorized
21to exercise any aspect of the management of the premises,
22including any person who directly or indirectly receives rents
23and has no obligation to deliver the whole of the receipts to

 

 

SB3103- 2 -LRB100 19922 HEP 36120 b

1another person. "Landlord" includes the owner of a mobile home
2park.
3    "Tenant" means a person entitled by written or oral
4agreement, subtenancy approved by the landlord or by
5sufferance, or law to occupy a dwelling unit to the exclusion
6of others.
 
7    Section 10. Prohibited conduct.
8    (a) Except as otherwise provided in subsection (b), a
9landlord shall not:
10        (1) require that any tenant, prospective tenant,
11    occupant, prospective occupant, or guest of a dwelling unit
12    make any statement, representation, or certification
13    concerning his or her, or another person's, immigration or
14    citizenship status;
15        (2) threaten to disclose information regarding or
16    relating to the immigration or citizenship status of a
17    tenant, occupant, or other person known to the landlord to
18    be associated with a tenant or occupant;
19        (3) cause a tenant or occupant to quit involuntarily or
20    bring an action to recover possession of a dwelling unit
21    because of the immigration or citizenship status of a
22    tenant, occupant, or other person known to the landlord to
23    be associated with a tenant or occupant;
24        (4) disclose to any person or entity information
25    regarding or relating to the immigration or citizenship

 

 

SB3103- 3 -LRB100 19922 HEP 36120 b

1    status of any tenant, prospective tenant, occupant, or
2    prospective occupant of the dwelling unit for the purpose
3    of, or with the intent of, harassing or intimidating a
4    tenant, prospective tenant, occupant, or prospective
5    occupant, retaliating against a tenant or occupant for
6    exercising his or her rights, influencing a tenant or
7    occupant to vacate a dwelling unit, or recovering
8    possession of a dwelling unit, except as required by law or
9    court order; or
10        (5) disclose to any immigration authority, law
11    enforcement agency, or local, State, or federal agency
12    information regarding or relating to the immigration or
13    citizenship status of any tenant, prospective tenant,
14    occupant, or prospective occupant of the dwelling unit for
15    the purpose of, or with the intent of, harassing or
16    intimidating a tenant, prospective tenant, occupant, or
17    prospective occupant, retaliating against a tenant or
18    occupant for exercising his or her rights, influencing a
19    tenant or occupant to vacate a dwelling unit, or recovering
20    possession of a dwelling unit, except as required by law or
21    court order.
22    (b) Subsection (a) does not prohibit a landlord from doing
23any of the following:
24        (1) complying with any legal obligation under federal
25    or State law, including, but not limited to, any legal
26    obligation under any government program that provides for

 

 

SB3103- 4 -LRB100 19922 HEP 36120 b

1    rent limitations or rental assistance to a qualified
2    tenant, or a subpoena, warrant, or other court order; or
3        (2) requesting information or documentation necessary
4    to determine or verify the financial qualifications of a
5    prospective tenant, or to determine or verify the identity
6    of a prospective tenant or prospective occupant.
7    (c) An oral or written warning notice, given in good faith,
8regarding conduct by a tenant, occupant, or guest that
9violates, may violate, or has violated an applicable rental
10agreement, rule, regulation, lease, or law is not a violation
11of this Act. An oral or written explanation of a rental
12agreement, rule, regulation, lease, or law given in the normal
13course of business is not a violation of this Act.
14    (d) This Act does not enlarge or diminish a landlord's
15right to terminate a tenancy pursuant to existing State or
16local law, nor does this Act enlarge or diminish the ability of
17a unit of local government to regulate or enforce a prohibition
18against a landlord's harassment of a tenant.
19    (e) Any waiver of a right under this Act by a tenant,
20occupant, or person known to the landlord to be associated with
21a tenant or occupant is void as a matter of public policy.
 
22    Section 15. Remedies.
23    (a) If a landlord violates subsection (a) of Section 10,
24the tenant, prospective tenant, occupant, or prospective
25occupant may bring a civil action to seek any one or more of

 

 

SB3103- 5 -LRB100 19922 HEP 36120 b

1the following remedies:
2        (1) actual damages, as reasonably determined by the
3    court, for injury or loss suffered;
4        (2) a civil penalty in an amount not to exceed $2,000
5    for each violation;
6        (3) reasonable attorney's fees and court costs; and
7        (4) other equitable relief as the court may deem
8    appropriate and just.
9    (b) A tenant is not required to be actually or
10constructively evicted in order to obtain relief.
11    (c) A court finding a violation of subsection (a) of
12Section 10 may issue injunctive relief to prevent the landlord
13from engaging in similar conduct with respect to other tenants,
14occupants, and persons known to the landlord to be associated
15with the tenants or occupants. An action for injunctive relief
16pursuant to this subsection may be brought by a nonprofit
17organization exempt from federal income taxation under
18Sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code of
191986, as amended. Such an organization shall be considered a
20party for purposes of this Act.
21    (d) The immigration or citizenship status of any person is
22irrelevant to any issue of liability or remedy under a civil
23action involving a tenant's or occupant's housing rights. In
24proceedings or discovery undertaken in a civil action involving
25a tenant's or occupant's housing rights, no inquiry shall be
26permitted into the tenant's or occupant's immigration or

 

 

SB3103- 6 -LRB100 19922 HEP 36120 b

1citizenship status, except if:
2        (1) unless otherwise provided in subsection (e), the
3    claims or defenses raised by the tenant or occupant place
4    the person's immigration or citizenship status directly in
5    contention; or
6        (2) the person seeking to make the inquiry demonstrates
7    by clear and convincing evidence that the inquiry is
8    necessary in order to comply with federal law.
9    (e) The assertion of an affirmative defense to an eviction
10action under Section 9-106.3 of the Code of Civil Procedure
11does not constitute cause for discovery or other inquiry into a
12person's immigration or citizenship status.
 
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
 
15    Section 905. The Code of Civil Procedure is amended by
16adding Section 9-106.3 as follows:
 
17    (735 ILCS 5/9-106.3 new)
18    Sec. 9-106.3. Affirmative defenses for retaliation on the
19basis of immigration status.
20    (a) It is an affirmative defense to an action maintained
21under this Article that a landlord engaged in conduct
22prohibited by subsection (a) of Section 10 of the Immigrant
23Tenant Protection Act.

 

 

SB3103- 7 -LRB100 19922 HEP 36120 b

1    (b) If the landlord approved the tenant to take possession
2of the premises before filing the eviction action, there is a
3rebuttable presumption that the tenant is entitled to an
4affirmative defense under this Section at any time before the
5expiration of the lease term if the eviction complaint includes
6one or more of the following claims:
7        (1) the failure of the previously approved tenant to
8    provide a social security number;
9        (2) the failure of the previously approved tenant to
10    provide information required to obtain a consumer credit
11    report; or
12        (3) the failure of the previously approved tenant to
13    provide a form of identification deemed acceptable by the
14    landlord.
15    (c) No affirmative defense exists under this Section if a
16landlord files an eviction action for the purpose of complying
17with any legal obligation under any government program that
18provides for rent limitations or rental assistance to a
19qualified tenant, any other federal law, or a subpoena,
20warrant, or other order issued by a court.
21    (d) An oral or written warning notice, given in good faith,
22regarding conduct by a tenant, occupant, or guest that
23violates, may violate, or has violated an applicable rental
24agreement, rule, regulation, lease, or law does not create a
25defense under this Section. An oral or written explanation of a
26rental agreement, rule, regulation, lease, or law given in the

 

 

SB3103- 8 -LRB100 19922 HEP 36120 b

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

 

 

SB3103- 9 -LRB100 19922 HEP 36120 b

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