HB5432 103RD GENERAL ASSEMBLY

LRB103 38130 AWJ 68262 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5432

Introduced 2/9/2024, by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new

Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.

A BILL FOR

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 5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Prohibition on crime-free housing ordinances.

(a) As used in this Section, "penalty against a landlord" includes, but is not limited to, an action against a landlord in response to a landlord failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited by this Section, including revoking, suspending, or refusing to issue a permit or license otherwise required by the county for a property owner or landlord to engage in the business of leasing within the county.

(b) A county may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that does any of the following:

(1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency;

(2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, any of the following:

(A) evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction;

(B) evict, refuse to lease or renew a lease, or otherwise penalize a tenant because of the tenant's criminal history or alleged unlawful conduct or arrest; or

(C) include a provision in a lease or rental agreement that provides as grounds for eviction, any cause that is in conflict with state or federal law;

(3) defines as a nuisance any contact by a tenant with a law enforcement agency or any request by a tenant, landlord, resident or property owner for emergency assistance;

(4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy; or

(5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county.

(c) A home rule county may not regulate tenancy in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The Illinois Municipal Code is amended by adding Section 11-13-28 as follows:

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Prohibition on crime-free housing ordinances.

(a) As used in this Section, "penalty against a landlord" includes, but is not limited to, an action against a landlord in response to a landlord failing to implement or enforce an ordinance, resolution, policy, program, or other regulation prohibited by this Section, including revoking, suspending, or refusing to issue a permit or license otherwise required by the municipality for a property owner or landlord to engage in the business of leasing within the municipality.

(b) A municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that does any of the following:

(1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency;

(2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, any of the following:

(A) evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction;

(B) evict, refuse to lease or renew a lease, or otherwise penalize a tenant because of the tenant's criminal history or alleged unlawful conduct or arrest; or

(C) include a provision in a lease or rental agreement that provides as grounds for eviction, any cause that is in conflict with state or federal law;

(3) defines as a nuisance any contact by a tenant with a law enforcement agency or any request by a tenant, landlord, resident or property owner for emergency assistance;

(4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy; or

(5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the municipality.

(c) A home rule municipality may not regulate tenancy in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.