HB1554 103RD GENERAL ASSEMBLY

LRB103 05068 LNS 50082 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1554

Introduced 1/31/2023, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

765 ILCS 755/10

Amends the Immigrant Tenant Protection Act. Provides that a landlord is not prohibited from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, so long as the landlord requests the same information or documentation of all prospective tenants regardless of immigration or citizenship status. Provides that a landlord who is also the tenant's employer is not prohibited from lawfully collecting information required to complete any employment form requested by State or federal law. Prohibits a landlord from demanding, requesting, or collecting information regarding or relating to the immigration or citizenship status of a tenant or prospective tenant

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Immigrant Tenant Protection Act is amended by changing Section 10 as follows:

(765 ILCS 755/10)

Sec. 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, so long as the landlord requests the same information or documentation of all prospective tenants regardless of immigration or citizenship status, including requesting a social security number or relevant taxpayer identification number.

(b-5) This Section does not prohibit a landlord who is also the tenant's employer from lawfully collecting information required to complete any employment form requested by State or federal law.

(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; or

(3) demand, request, or collect information regarding or relating to the immigration or citizenship status of a tenant or prospective tenant.

(g) Any waiver of a right under this Act by a tenant is void as a matter of public policy.

(Source: P.A. 101-439, eff. 8-21-19.)