102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3739

 

Introduced 1/21/2022, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 750/10
765 ILCS 750/13 new
765 ILCS 750/15 rep.

    Amends the Safe Homes Act. Repeals a Section providing an affirmative defense to a landlord's action to recover rent for breach of a lease. Provides that the lease of a tenant who is a victim or is in imminent threat of becoming a victim of domestic violence or sexual violence or who has a household member who needs to relocate as a result of the applicable action or crime shall be terminated if certain conditions are met. Provides that termination of the lease exempts the tenant from liability for rent or other obligations under the lease accruing after the tenant's lease is terminated, but shall not affect the tenant's obligations under the lease accruing prior to the date of the termination. Provides that if there are multiple tenants who are parties to the lease, the termination of a lease of one or more tenants shall not terminate the lease with respect to the other nonterminating tenants. Restricts a tenant from terminating a lease on the basis of an act for which the tenant is the responsible party. Provides that a landlord may not take certain actions with respect to a lease terminated under the new provisions. Effective immediately.


LRB102 25797 LNS 35131 b

 

 

A BILL FOR

 

SB3739LRB102 25797 LNS 35131 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 5. The Safe Homes Act is amended by changing
5Section 10 and by adding Section 13 as follows:
 
6    (765 ILCS 750/10)
7    Sec. 10. Definitions. For purposes of this Act:
8    "Attesting third party" means a law enforcement official,
9licensed health care professional, licensed social worker,
10victim advocate, or victim service provider.
11    "Domestic violence" means "abuse", as defined in Section
12103 of the Illinois Domestic Violence Act of 1986, by a "family
13or household member", as defined in Section 103 of the
14Illinois Domestic Violence Act of 1986, or by a current or
15former sexual or intimate partner of the individual.
16    "Household member" means an individual who habitually
17resides in a dwelling unit with a tenant and who has an
18established relationship with the tenant.
19    "Landlord" means the owner of a building or the owner's
20agent with regard to matters concerning the landlord's leasing
21of a dwelling.
22    "Responsible party" means an individual who commits, or is
23alleged to have committed, an act of which a tenant or

 

 

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1household member of the tenant is a victim.
2    "Sexual violence" means any act of sexual assault, sexual
3abuse, or stalking of an adult or minor child, including but
4not limited to non-consensual sexual conduct or non-consensual
5sexual penetration as defined in the Civil No Contact Order
6Act and the offenses of stalking, aggravated stalking,
7criminal sexual assault, aggravated criminal sexual assault,
8predatory criminal sexual assault of a child, criminal sexual
9abuse, and aggravated criminal sexual abuse as those offenses
10are described in the Criminal Code of 2012.
11    "Tenant" means a person who has entered into an oral or
12written lease with a landlord whereby the person is the lessee
13under the lease.
14(Source: P.A. 97-1150, eff. 1-25-13.)
 
15    (765 ILCS 750/13 new)
16    Sec. 13. Termination of lease.
17    (a) The lease of a tenant who is a victim or is in imminent
18threat of becoming a victim of domestic violence or sexual
19violence, or a tenant who has a household member who is a
20victim or is in imminent threat of becoming a victim of
21domestic violence or sexual violence, who needs to relocate as
22a result of the applicable action or crime shall be terminated
23if the tenant gives the landlord a valid notice under this
24Section not more than 180 days following the latest of: (i) the
25most recent occurrence of an act or crime, (ii) the issuance of

 

 

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1a document described in paragraph (2), or (iii) the release of
2the responsible party from a prison, jail, juvenile detention
3facility, or any other detention facility or institution. A
4valid notice from the tenant shall include:
5        (1) A written notice signed by the tenant of the
6    tenant's intent to terminate the lease as of a specific
7    date. A valid notice shall include a statement that the
8    tenant intends to relocate for the safety or the physical,
9    mental, or financial well-being of the tenant or an
10    immediate family or household member of the tenant as a
11    direct result of an act of which the tenant or immediate
12    family or household member is a victim.
13        (2) Unless the landlord states in writing that
14    additional documentation is not necessary, one of the
15    following:
16            (A) a copy of a valid court order that restrains
17        the responsible party from contact with the tenant or
18        an immediate family or household member of the tenant;
19            (B) medical or mental health records indicating
20        that the tenant or immediate family or household
21        member is a victim;
22            (C) a police report documenting the act of which
23        the tenant or immediate family or household member is
24        a victim;
25            (D) a statement from an employee of a victim
26        services or rape crisis organization from which the

 

 

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1        tenant or a member of the tenant's household sought
2        services; or
3            (E) if the tenant's immediate family member is
4        deceased as a result of a crime:
5                (i) a written verification of the death,
6            burial, or memorial services from a mortuary
7            funeral home, burial society, crematorium,
8            religious institution, medical examiner, or
9            governmental agency;
10                (ii) a published obituary; or
11                (iii) a death certificate.
12    Providing documentation under this subsection shall not
13waive any confidentiality or privilege that may exist with
14respect to communication between the tenant or victim and a
15third party, including, but not limited to, a statement made
16to rape crisis personnel under Section 8-802.1 of the Code of
17Civil Procedure and privileged communication between a
18domestic violence counselor and victim under Section 227 of
19the Illinois Domestic Violence Act of 1986.
20    (b) Following a notice given by the tenant under
21subsection (a):
22        (1) the tenant's residential lease shall terminate:
23            (A) 15 days after the date the notice was given or
24        on the date specified in the notice given by the tenant
25        under paragraph (1) of subsection (a), whichever is
26        later, if the tenant vacates the dwelling unit on or

 

 

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1        before the applicable date and the landlord leases 5
2        or more dwelling units in this State; or
3            (B) 30 days after the date the notice was given or
4        on the date specified in the notice given by the tenant
5        under paragraph (1) of subsection (a), whichever is
6        later, if the tenant vacates the dwelling unit on or
7        before the applicable date, and the landlord leases
8        fewer than 5 dwelling units within this State;
9        (2) the tenant is not liable for rent or other
10    obligations under the lease accruing after the tenant's
11    lease is terminated; and
12        (3) the termination of the lease shall not affect the
13    tenant's obligations under the lease accruing prior to the
14    date of the termination.
15    (c) This Section shall not be construed to relieve a
16tenant who is not an eligible tenant from the tenant's
17obligations under the lease or rental agreement. If there are
18multiple tenants who are parties to the lease, the termination
19of a lease of one or more tenants under this Section shall not
20terminate the lease with respect to the other nonterminating
21tenants. A tenant whose lease was terminated under this
22Section shall not be liable to the landlord or any other person
23for rent accruing after the tenant's termination or for actual
24damages resulting from the tenant's termination.
25    (d) A tenant may not terminate a lease under this Section
26on the basis of an act for which the tenant is the responsible

 

 

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1party.
2    (e) If a tenant complies with subsection (a), the landlord
3may not:
4        (1) assess a fee or penalty against the tenant or
5    otherwise retaliate solely for exercising a right granted
6    under this Act;
7        (2) consider the tenant for any purpose, due solely to
8    the tenant exercising the tenant's rights under subsection
9    (a), to have breached the terms of the lease;
10        (3) by reason of the tenant exercising the tenant's
11    rights under subsection (a), refuse to return to the
12    tenant a security deposit or other escrows to which the
13    tenant is otherwise entitled due to the tenant terminating
14    a lease under this Act; other State law shall otherwise
15    apply with regard to retention or return of escrow funds
16    and with regard to other sums that may be withheld by the
17    landlord; and this Section shall not be construed to
18    affect a tenant's liability for unpaid rent or other
19    amounts owed to the landlord before the termination of the
20    rental agreement under this Act;
21        (4) disclose information required to be reported to
22    the landlord under subsection (a) to any party unless:
23            (A) the tenant provides specific time-limited and
24        contemporaneous consent to the disclosure in writing;
25        or
26            (B) the information is required to be disclosed by

 

 

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1        a court order or by law other than this Act; or
2        (5) take any action, including, but not limited to,
3    sending a demand letter, referring the matter to a
4    collection agency or attorney, or filing a collection
5    action against the tenant, to collect any rent or other
6    charges accruing after the lease termination.
 
7    (765 ILCS 750/15 rep.)
8    Section 10. The Safe Homes Act is amended by repealing
9Section 15.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.