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Public Act 099-0441


 

Public Act 0441 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0441
 
SB1547 EnrolledLRB099 10920 AWJ 31259 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by adding Section
5-1005.10 as follows:
 
    (55 ILCS 5/5-1005.10 new)
    Sec. 5-1005.10. Ordinances penalizing tenants who contact
police or other emergency services prohibited.
    (a) Definitions. As used in this Section:
    "Contact" includes any communication made by a tenant,
landlord, guest, neighbor, or other individual to police or
other emergency services.
    "Criminal activity" means a violation of the Criminal Code
of 2012, of the Cannabis Control Act, of the Illinois
Controlled Substances Act, or of the Methamphetamine Control
and Community Protection Act.
    "Disability" means, with respect to a person:
        (1) a physical or mental impairment which
substantially limits one or more of such person's major life
activities;
        (2) a record of having such an impairment; or
        (3) being regarded as having such an impairment, but
such term does not include current, illegal use of or addiction
to a controlled substance, as defined in the federal Controlled
Substances Act, 21 U.S.C. 802.
    "Domestic violence", "landlord", "sexual violence", and
"tenant" have the meanings provided under Section 10 of the
Safe Homes Act.
    "Dwelling unit" has the meaning provided under subsection
(a) of Section 15 of the Landlord and Tenant Act.
    "Penalizes" includes, but is not limited to:
        (1) assessment of fees or fines;
        (2) revocation, suspension, or nonrenewal of any
    license or permit required for the rental or occupancy of
    any dwelling unit;
        (3) termination or denial of a subsidized housing
    contract or housing subsidy; and
        (4) termination or nonrenewal of a residential lease
    agreement.
    "Subsidized housing" has the meaning provided under
subsection (a) of Section 9-119 of the Code of Civil Procedure.
    (b) Protection.
        (1) No county shall enact or enforce an ordinance or
    regulation that penalizes tenants or landlords based on:
            (A) contact made to police or other emergency
        services, if (i) the contact was made with the intent
        to prevent or respond to domestic violence or sexual
        violence; (ii) the intervention or emergency
        assistance was needed to respond to or prevent domestic
        violence or sexual violence; or (iii) the contact was
        made by, on behalf of, or otherwise concerns an
        individual with a disability and the purpose of the
        contact was related to that individual's disability;
            (B) an incident or incidents of actual or
        threatened domestic violence or sexual violence
        against a tenant, household member, or guest occurring
        in the dwelling unit or on the premises; or
            (C) criminal activity or a local ordinance
        violation occurring in the dwelling unit or on the
        premises that is directly relating to domestic
        violence or sexual violence, engaged in by a tenant,
        member of a tenant's household, guest, or other party,
        and against a tenant, household member, guest, or other
        party.
        (2) Nothing with respect to this Section: (A) limits
    enforcement of Section 15.2 of the Emergency Telephone
    System Act, Article 26 of the Criminal Code of 2012, or
    Article IX of the Code of Civil Procedure; (B) prohibits
    counties from enacting or enforcing ordinances to impose
    penalties on the basis of the underlying criminal activity
    or a local ordinance violation not covered by paragraph (1)
    of subsection (b) of this Section and to the extent
    otherwise permitted by existing State and federal law; or
    (C) limits or prohibits the eviction of or imposition of
    penalties against the perpetrator of the domestic
    violence, sexual violence, or other criminal activity.
    (c) Remedies. If a county enacts or enforces an ordinance
or regulation against a tenant or landlord in violation of
subsection (b), the tenant or landlord may bring a civil action
to seek any one or more of the following remedies:
        (1) an order invalidating the ordinance or regulation
    to the extent required to bring the ordinance or regulation
    into compliance with the requirements of subsection (b);
        (2) compensatory damages;
        (3) reasonable attorney fees and court costs; or
        (4) other equitable relief as the court may deem
    appropriate and just.
    (d) Home rule. This Section is a denial and limitation of
home rule powers and functions under subsection (g) of Section
6 of Article VII of the Illinois Constitution.
 
    Section 15. The Illinois Municipal Code is amended by
adding Section 1-2-1.5 as follows:
 
    (65 ILCS 5/1-2-1.5 new)
    Sec. 1-2-1.5. Ordinances penalizing tenants who contact
police or other emergency services prohibited.
    (a) Definitions. As used in this Section:
    "Contact" includes any communication made by a tenant,
landlord, guest, neighbor, or other individual to police or
other emergency services.
    "Criminal activity" means a violation of the Criminal Code
of 2012, of the Cannabis Control Act, of the Illinois
Controlled Substances Act, or of the Methamphetamine Control
and Community Protection Act.
    "Disability" means, with respect to a person:
        (1) a physical or mental impairment which
substantially limits one or more of such person's major life
activities;
        (2) a record of having such an impairment; or
        (3) being regarded as having such an impairment, but
such term does not include current, illegal use of or addiction
to a controlled substance, as defined in the federal Controlled
Substances Act, 21 U.S.C. 802.
    "Domestic violence", "landlord", "sexual violence", and
"tenant" have the meanings provided under Section 10 of the
Safe Homes Act.
    "Dwelling unit" has the meaning provided under subsection
(a) of Section 15 of the Landlord and Tenant Act.
    "Penalizes" includes, but is not limited to:
        (1) assessment of fees or fines;
        (2) revocation, suspension, or nonrenewal of any
    license or permit required for the rental or occupancy of
    any dwelling unit;
        (3) termination or denial of a subsidized housing
    contract or housing subsidy; and
        (4) termination or nonrenewal of a residential lease
    agreement.
    "Subsidized housing" has the meaning provided under
subsection (a) of Section 9-119 of the Code of Civil Procedure.
    (b) Protection.
        (1) No municipality shall enact or enforce an ordinance
    or regulation that penalizes tenants or landlords based on:
            (A) contact made to police or other emergency
        services, if (i) the contact was made with the intent
        to prevent or respond to domestic violence or sexual
        violence; (ii) the intervention or emergency
        assistance was needed to respond to or prevent domestic
        violence or sexual violence; or (iii) the contact was
        made by, on behalf of, or otherwise concerns an
        individual with a disability and the purpose of the
        contact was related to that individual's disability;
            (B) an incident or incidents of actual or
        threatened domestic violence or sexual violence
        against a tenant, household member, or guest occurring
        in the dwelling unit or on the premises; or
            (C) criminal activity or a local ordinance
        violation occurring in the dwelling unit or on the
        premises that is directly relating to domestic
        violence or sexual violence, engaged in by a tenant,
        member of a tenant's household, guest, or other party,
        and against a tenant, household member, guest, or other
        party.
        (2) Nothing with respect to this Section: (A) limits
    enforcement of Section 15.2 of the Emergency Telephone
    System Act, Article 26 of the Criminal Code of 2012, or
    Article IX of the Code of Civil Procedure; (B) prohibits
    municipalities from enacting or enforcing ordinances to
    impose penalties on the basis of the underlying criminal
    activity or a local ordinance violation not covered by
    paragraph (1) of subsection (b) of this Section and to the
    extent otherwise permitted by existing State and federal
    law; or (C) limits or prohibits the eviction of or
    imposition of penalties against the perpetrator of the
    domestic violence, sexual violence, or other criminal
    activity.
    (c) Remedies. If a municipality enacts or enforces an
ordinance or regulation against a tenant or landlord in
violation of subsection (b), the tenant or landlord may bring a
civil action to seek any one or more of the following remedies:
        (1) an order invalidating the ordinance or regulation
    to the extent required to bring the ordinance or regulation
    into compliance with the requirements of subsection (b);
        (2) compensatory damages;
        (3) reasonable attorney fees and court costs; or
        (4) other equitable relief as the court may deem
    appropriate and just.
    (d) Home rule. This Section is a denial and limitation of
home rule powers and functions under subsection (g) of Section
6 of Article VII of the Illinois Constitution.
 
    Section 99. Effective date. This Act takes effect 90 days
after becoming law.

Effective Date: 11/19/2015