103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5156

 

Introduced 2/9/2024, by Rep. Norma Hernandez

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Tenants' Right to Organize Act. Provides that tenants receiving tenant-based rental assistance in the form of partial rent subsidy from any county, municipal, State, or federal source have the right to establish, operate, and participate in a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development. Provides that tenants may not be retaliated against for asserting these rights. Requires housing authorities to: (i) recognize legitimate tenant organizations; (ii) solicit comments from all legitimate tenant organizations not less than once each year; and (iii) meaningfully respond in writing no later than 60 days after receiving a comment from a legitimate tenant organization. Requires each owner of a rental housing development that receives federal low-income housing tax credits (LIHTC) to: (1) recognize legitimate resident organizations; and (2) not retaliate against any tenant because of his or her association with a legitimate resident organization. Requires housing authorities and owners of LIHTC rental housing developments to allow tenants and tenant organizers to conduct, without having to obtain prior permission, certain activities related to the establishment or operation of a tenant organization, including distributing leaflets, convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants, and other activities. Provides that if a housing authority or owner of a LIHTC rental housing development takes adverse action against a tenant who is a member of a tenant organization, there shall be a rebuttable presumption that such adverse action is an act of retaliation. Requires the Illinois Housing Development Authority to establish enforcement protocols and annually submit reports to the General Assembly with data summarizing the number of outstanding tenant complaints and the average close time for tenant complaints. Provides that implementation of the Act is contingent on the enactment of the federal Tenants' Right to Organize Act.


LRB103 38631 JRC 68768 b

 

 

A BILL FOR

 

HB5156LRB103 38631 JRC 68768 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Tenants' Right to Organize Act.
 
6    Section 5. Public policy. It is declared to be the public
7policy of this State that all members of a household,
8regardless of immigration status, who are receiving or
9benefiting from tenant-based rental assistance, have the right
10to decent, safe, stable, and sanitary housing and the right to
11organize for the purpose of addressing issues related to their
12living environment.
 
13    Section 10. Definitions. As used in this Section:
14        "Housing authority" has the meaning ascribed to that
15    term in the Housing Authorities Act.
16        "Legitimate tenant organization" means an organization
17    of 3 or more tenants receiving tenant-based rental
18    assistance that has been established for the purpose as
19    described in Section 15.
20        "LIHTC rental housing development" means a multifamily
21    rental housing development that receives federal
22    low-income housing tax credits.

 

 

HB5156- 2 -LRB103 38631 JRC 68768 b

1        "Low-income housing tax credit" or "LIHTC" means the
2    federal low-income housing tax credit provided by 26
3    U.S.C. 42, including federal low-income tax credits issued
4    pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4).
5        "Owner" means a person or entity that owns a dwelling
6    unit occupied by a tenant who receives rental assistance.
7        "Tenant organizer" means a tenant or non-tenant who
8    assists tenants in establishing and operating a tenant
9    organization and who is not an employee or representative
10    of current or prospective owners, managers, or their
11    agents.
 
12    Section 15. Right to organize. Tenants receiving
13tenant-based rental assistance in the form of partial rent
14subsidy from any county, municipal, State, or federal source
15have the right to establish, operate, and participate in a
16resident organization for the purpose of addressing issues
17related to their living environment, which includes the terms
18and conditions of their tenancy as well as activities related
19to housing and community development. Tenants may not be
20retaliated against for asserting these rights.
 
21    Section 20. Housing authorities. Each housing authority
22shall:
23        (1) recognize legitimate tenant organizations;
24        (2) solicit comments from all legitimate tenant

 

 

HB5156- 3 -LRB103 38631 JRC 68768 b

1    organizations not less than once each year; and
2        (3) meaningfully respond in writing no later than 60
3    days after receiving a comment from a legitimate tenant
4    organization.
 
5    Section 25. Owners of LIHTC rental housing developments.
6Each owner of a LIHTC rental housing development shall:
7        (1) recognize legitimate resident organizations; and
8        (2) not retaliate against any tenant because of his or
9    her association with a legitimate resident organization.
 
10    Section 30. Protections.
11    (a) Each housing authority and owner of a LIHTC rental
12housing development may not interfere with the right of
13tenants to establish and operate a legitimate tenant
14organization.
15    (b) Each housing authority and owner of a LIHTC rental
16housing development shall allow tenants and tenant organizers
17to conduct the following activities related to the
18establishment or operation of a tenant organization:
19        (1) distributing leaflets in lobby areas;
20        (2) placing leaflets at or under tenants' doors;
21        (3) distributing leaflets in common areas;
22        (4) initiating contact with tenants;
23        (5) conducting door-to-door surveys of tenants to
24    ascertain interest in establishing a legitimate tenant

 

 

HB5156- 4 -LRB103 38631 JRC 68768 b

1    organization and to offer information about tenant
2    organizations;
3        (6) posting information on bulletin boards;
4        (7) assisting tenants to participate in tenant
5    organization activities;
6        (8) convening regularly scheduled tenant organization
7    meetings in a space on-site and accessible to tenants in a
8    manner that is fully independent of management
9    representatives. To preserve the independence of tenant
10    organizations, management representatives may not attend
11    such meetings unless invited by the tenant organization to
12    specific meetings to discuss a specific issue or issues;
13    and
14        (9) other reasonable activities related to the
15    establishment or operation of a tenant organization.
16    (c) A housing authority or owner of a LIHTC rental housing
17development may not require tenants or tenant organizers to
18obtain prior permission before engaging in the activities
19permitted under this Section.
20    (d) If a housing authority or owner of a LIHTC rental
21housing development takes adverse action against a tenant who
22is a member of a tenant organization, there shall be a
23rebuttable presumption that such adverse action is an act of
24retaliation relating to the participation of the tenant in the
25tenant organization.
 

 

 

HB5156- 5 -LRB103 38631 JRC 68768 b

1    Section 35. Enforcement protocol. No later than one year
2after the effective date of this Act, the Illinois Housing
3Development Authority shall establish a protocol for the
4enforcement of this Act and such protocol shall:
5        (1) include an independent investigation of tenant and
6    advocate allegations of abuse and retaliation;
7        (2) provide a mechanism for administrative complaints
8    to be made and cataloged;
9        (3) keep tenants regularly informed about the
10    progression of any complaint;
11        (4) prohibit the withholding of tenant-based rental
12    assistance from any tenant that makes a complaint until
13    such complaint is closed; and
14        (5) provide confidentiality where necessary, including
15    in cases where alleged abuse is extreme and targeted.
16    In developing the enforcement protocol, the Illinois
17Housing Development Authority may use subcontractors to
18perform enforcement activities.
 
19    Section 40. Reports. The Illinois Housing Development
20Authority shall submit annually to the General Assembly a
21report that includes data summarizing for each housing
22authority and LIHTC rental housing development:
23        (1) the volume of outstanding tenant complaints;
24        (2) the average response time for an initial
25    complaint; and

 

 

HB5156- 6 -LRB103 38631 JRC 68768 b

1        (3) the average time it takes to close a complaint.
 
2    Section 45. Notice requirement. Each housing authority and
3owner of a LIHTC rental housing development shall annually
4notify each tenant receiving tenant-based rental assistance of
5the right to organize under this Act.
 
6    Section 50. Implementation. Implementation of this Act is
7contingent on the enactment of the federal Tenants' Right to
8Organize Act, H.R. 5826, 118th Cong., 1st Sess. (2023).