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Public Act 101-0439


 

Public Act 0439 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0439
 
SB1290 EnrolledLRB101 08668 LNS 53752 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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.
    "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.
    "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) This Section does not prohibit a landlord from
complying with any legal obligation under federal, State, or
local 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.
    (b) This Section does not prohibit a landlord from
requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant.
    (c) This Section does not prohibit a landlord from
delivering to the tenant an oral or written notice regarding
conduct by the tenant that violates, may violate, or has
violated an applicable rental agreement, including the lease or
any rule, regulation, or law.
    (d) 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 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) Nothing in this Section prevents a landlord from
seeking to collect rent due under the lease agreement.
    (f) Except as otherwise provided in this Section, a
landlord shall not:
        (1) unless required by law or court order, threaten to
    disclose or actually disclose information regarding or
    relating to the immigration or citizenship status of a
    tenant to any person, entity, or any immigration or law
    enforcement agency with the intent of harassing or
    intimidating the tenant, retaliating against the tenant
    for exercising his or her rights, or influencing the tenant
    to surrender possession; or
        (2) unless required by law or court order, bring an
    action to recover possession of a dwelling unit based
    solely or in part on the immigration or citizenship status
    of a tenant.
    (g) Any waiver of a right under this Act by a tenant is
void as a matter of public policy.
 
    Section 15. Remedies.
    (a) If a landlord engages in prohibited conduct described
in subsection (f) of Section 10 against a tenant, the tenant
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, payable to the tenant;
        (3) reasonable attorney's fees and court costs; and
        (4) other equitable relief as the court may deem
    appropriate and just.
    (b) The immigration or citizenship status of any person is
irrelevant to any issue of liability or remedy in a civil
action involving a tenant's housing rights. In proceedings or
discovery undertaken in a civil action involving a tenant's
housing rights, no inquiry shall be permitted into the tenant's
immigration or citizenship status, except if:
        (1) unless otherwise provided in subsection (c), the
    claims or defenses raised by the tenant 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.
    (c) 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) the landlord's demand for possession is based
    solely or in part on the citizenship or immigration status
    of the tenant; or
        (2) the landlord's demand for possession is based
    solely or in part on the tenant's failure to provide a
    social security number, information required to obtain a
    consumer credit report, or a form of identification deemed
    acceptable by the landlord, and the lease with the tenant
    has commenced, and the tenant has taken possession.
    (b) This Section does not prohibit a landlord from
complying with any legal obligation under federal, State, or
local 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.
    (c) This Section does not prohibit a landlord from
requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant.
    (d) This Section does not prohibit a landlord from
delivering to the tenant an oral or written notice regarding
conduct by the tenant that violates, may violate, or has
violated an applicable rental agreement, including the lease or
any rule, regulation, or law.
    (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.
 
    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 or on the basis of the tenant's
    immigration or citizenship status.
(Source: P.A. 100-173, eff. 1-1-18.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/21/2019