Sen. Cristina Castro

Filed: 5/9/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3103

2    AMENDMENT NO. ______. Amend Senate Bill 3103 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1or the building of which it is part, and any person authorized
2to exercise any aspect of the management of the premises,
3including any person who directly or indirectly receives rents
4and has no obligation to deliver the whole of the receipts to
5another person. "Landlord" includes the owner of a mobile home
6park.
7    "Tenant" means a person entitled by written or oral
8agreement, subtenancy approved by the landlord or by
9sufferance, or law to occupy a dwelling unit to the exclusion
10of others.
 
11    Section 10. Prohibited conduct.
12    (a) This Section does not prohibit a landlord from
13complying with any legal obligation under federal, State, or
14local law, including, but not limited to, any legal obligation
15under any government program that provides for rent limitations
16or rental assistance to a qualified tenant or a subpoena,
17warrant, or other court order.
18    (b) This Section does not prohibit a landlord from
19requesting information or documentation necessary to determine
20or verify the financial qualifications of a prospective tenant.
21    (c) This Section does not prohibit a landlord from
22delivering to the tenant an oral or written notice regarding
23conduct by the tenant that violates, may violate, or has
24violated an applicable rental agreement, including the lease or
25any rule, regulation, or law.

 

 

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1    (d) This Section does not enlarge or diminish a landlord's
2right to terminate a tenancy pursuant to existing State or
3local law, nor does this Act enlarge or diminish the ability of
4a unit of local government to regulate or enforce a prohibition
5against a landlord's harassment of a tenant.
6    (e) Nothing in this Section prevents a landlord from
7seeking to collect rent due under the lease agreement.
8    (f) Except as otherwise provided in this Section, a
9landlord shall not:
10        (1) unless required by law or court order, threaten to
11    disclose or actually disclose information regarding or
12    relating to the immigration or citizenship status of a
13    tenant to any person, entity, or any immigration or law
14    enforcement agency with the intent of harassing or
15    intimidating the tenant, retaliating against the tenant
16    for exercising his or her rights, or influencing the tenant
17    to surrender possession; or
18        (2) unless required by law or court order, bring an
19    action to recover possession of a dwelling unit based
20    solely or in part on the immigration or citizenship status
21    of a tenant.
22    (g) Any waiver of a right under this Act by a tenant is
23void as a matter of public policy.
 
24    Section 15. Remedies.
25    (a) If a landlord engages in prohibited conduct described

 

 

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1in subsection (f) of Section 10 against a tenant, the tenant
2may bring a civil action to seek any one or more of the
3following remedies:
4        (1) actual damages, as reasonably determined by the
5    court, for injury or loss suffered;
6        (2) a civil penalty in an amount not to exceed $2,000
7    for each violation;
8        (3) reasonable attorney's fees and court costs; and
9        (4) other equitable relief as the court may deem
10    appropriate and just.
11    (b) The immigration or citizenship status of any person is
12irrelevant to any issue of liability or remedy in a civil
13action involving a tenant's housing rights. In proceedings or
14discovery undertaken in a civil action involving a tenant's
15housing rights, no inquiry shall be permitted into the tenant's
16immigration or citizenship status, except if:
17        (1) unless otherwise provided in subsection (e), the
18    claims or defenses raised by the tenant place the person's
19    immigration or citizenship status directly in contention;
20    or
21        (2) the person seeking to make the inquiry demonstrates
22    by clear and convincing evidence that the inquiry is
23    necessary in order to comply with federal law.
24    (c) The assertion of an affirmative defense to an eviction
25action under Section 9-106.3 of the Code of Civil Procedure
26does not constitute cause for discovery or other inquiry into a

 

 

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1person's immigration or citizenship status.
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 905. The Code of Civil Procedure is amended by
5adding Section 9-106.3 as follows:
 
6    (735 ILCS 5/9-106.3 new)
7    Sec. 9-106.3. Affirmative defenses for retaliation on the
8basis of immigration status.
9    (a) It is an affirmative defense to an action maintained
10under this Article if the court finds that:
11        (1) the landlord's demand for possession is based
12    solely or in part on the citizenship or immigration status
13    of the tenant;
14        (2) the landlord's demand for possession is based
15    solely or in part on the tenant's failure to provide a
16    social security number, information required to obtain a
17    consumer credit report, or a form of identification deemed
18    acceptable by the landlord, and the lease with the tenant
19    has commenced, and the tenant has taken possession.
20    (b) This Section does not prohibit a landlord from
21complying with any legal obligation under federal, State, or
22local law, including, but not limited to, any legal obligation
23under any government program that provides for rent limitations

 

 

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1or rental assistance to a qualified tenant or a subpoena,
2warrant, or other court order.
3    (c) This Section does not prohibit a landlord from
4requesting information or documentation necessary to determine
5or verify the financial qualifications of a prospective tenant.
6    (d) This Section does not prohibit a landlord from
7delivering to the tenant an oral or written notice regarding
8conduct by the tenant that violates, may violate, or has
9violated an applicable rental agreement, including the lease or
10any rule, regulation, or law.
11    (e) This Section does not enlarge or diminish a landlord's
12right to terminate a tenancy pursuant to existing State or
13local law, nor does this Section enlarge or diminish the
14ability of a unit of local government to regulate or enforce a
15prohibition against a landlord's harassment of a tenant.
 
16    Section 910. The Mobile Home Landlord and Tenant Rights Act
17is amended by changing Section 16 as follows:
 
18    (765 ILCS 745/16)  (from Ch. 80, par. 216)
19    Sec. 16. Improper grounds for eviction. The following
20conduct by a tenant shall not constitute grounds for eviction
21or termination of the lease, nor shall an eviction order be
22entered against a tenant:
23        (a) As a reprisal for the tenant's effort to secure or
24    enforce any rights under the lease or the laws of the State

 

 

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1    of Illinois, or its governmental subdivisions of the United
2    States;
3        (b) As a reprisal for the tenant's good faith complaint
4    to a governmental authority of the park owner's alleged
5    violation of any health or safety law, regulation, code or
6    ordinance, or State law or regulation which has as its
7    objective the regulation of premises used for dwelling
8    purposes;
9        (c) As a reprisal for the tenant's being an organizer
10    or member of, or involved in any activities relative to a
11    home owners association; .
12        (d) As a reprisal for or on the basis of the tenant's
13    immigration or citizenship status.
14(Source: P.A. 100-173, eff. 1-1-18.)
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.".