SB2287enr 95TH GENERAL ASSEMBLY



 


 
SB2287 Enrolled LRB095 18768 AJO 44891 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Safe Homes Act is amended by changing
5 Section 25 and by adding Sections 27 and 29 as follows:
 
6     (765 ILCS 750/25)
7     Sec. 25. Penalty for violation of lock-change provisions
8 Penalty for violation.
9     (a) If a landlord takes action to prevent the tenant who
10 has complied with Section 20 of this Act from changing his or
11 her locks, the tenant may seek a temporary restraining order,
12 preliminary injunction, or permanent injunction ordering the
13 landlord to refrain from preventing the tenant from changing
14 the locks. A tenant who successfully brings an action pursuant
15 to this Section may be awarded reasonable attorney's fees and
16 costs.
17     (b) A tenant who changes locks and does not make a good
18 faith effort to provide a copy of a key to the landlord within
19 48 hours of the tenant changing the locks, shall be liable for
20 any damages to the dwelling or the building in which the
21 dwelling is located that could have been prevented had landlord
22 been able to access the dwelling unit in the event of an
23 emergency.

 

 

SB2287 Enrolled - 2 - LRB095 18768 AJO 44891 b

1     (b-1) A landlord who changes the locks and does not make a
2 good faith effort to provide a copy of a key to the tenant
3 within 48 hours of the landlord changing the locks shall be
4 liable for any damages to the tenant incurred as a result of
5 not having access to his or her unit.
6     (c) The remedies provided to landlord and tenant under this
7 Section 25 shall be sole and exclusive for violations of the
8 lock-change provisions of this Act.
9 (Source: P.A. 94-1038, eff. 1-1-07; 95-378, eff. 8-23-07.)
 
10     (765 ILCS 750/27 new)
11     Sec. 27. Nondisclosure, confidentiality, and privilege.
12     (a) A landlord may not disclose to a prospective landlord
13 (1) that a tenant or a member of tenant's household exercised
14 his or her rights under the Act, or (2) any information
15 provided by the tenant or a member of tenant's household in
16 exercising those rights.
17     (b) The prohibition on disclosure under subsection (a)
18 shall not apply in civil proceedings brought under this Act, or
19 if such disclosure is required by law.
20     (c) A tenant or a member of tenant's household, who is the
21 victim of domestic or sexual violence or is the parent or legal
22 guardian of the victim of domestic or sexual violence, may
23 waive the prohibition on disclosure under subsection (a) by
24 consenting to the disclosure in writing.
25     (d) Furnishing evidence to support a claim of domestic or

 

 

SB2287 Enrolled - 3 - LRB095 18768 AJO 44891 b

1 sexual violence against a tenant or a member of tenant's
2 household pursuant to Section 15 or 20 shall not waive any
3 confidentiality or privilege that may exist between the victim
4 of domestic or sexual violence and a third party.
 
5     (765 ILCS 750/29 new)
6     Sec. 29. Nondisclosure violation penalty. A landlord who,
7 in violation of Section 27, discloses that a tenant has
8 exercised his or her rights under the Act, or discloses any
9 information provided by the tenant in exercising those rights,
10 shall be liable for actual damages up to $2,000 resulting from
11 the disclosure. A tenant who successfully brings an action
12 pursuant to this Section may be awarded reasonable attorney's
13 fees and costs.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.