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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(765 ILCS 755/) Immigrant Tenant Protection Act.

765 ILCS 755/1

    (765 ILCS 755/1)
    Sec. 1. Short title. This Act may be cited as the Immigrant Tenant Protection Act.
(Source: P.A. 101-439, eff. 8-21-19.)

765 ILCS 755/5

    (765 ILCS 755/5)
    Sec. 5. Definitions. In this Act:
    "Dwelling unit" means a room or suite of rooms, a manufactured home rental unit or lot as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used for human habitation, and for which a landlord and a tenant have a written or oral lease agreement.
    "Immigration or citizenship status" includes a person's actual or perceived immigration status or citizenship status.
    "Landlord" means the owner, agent, lessor, or sublessor, or the successor in interest of any of them, of a dwelling unit, or the building of which it is part, and any person authorized to exercise any aspect of the management of the premises, including any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" includes the owner of a mobile home park.
    "Tenant" means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, or law to occupy a dwelling unit to the exclusion of others.
(Source: P.A. 101-439, eff. 8-21-19.)

765 ILCS 755/10

    (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.
    (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.
    (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.)

765 ILCS 755/15

    (765 ILCS 755/15)
    Sec. 15. Remedies.
    (a) If a landlord engages in prohibited conduct described in subsection (f) of Section 10 against a tenant, the tenant may bring a civil action to seek any one or more of the following remedies:
        (1) actual damages, as reasonably determined by the
court, for injury or loss suffered;
        (2) a civil penalty in an amount not to exceed $2,000
for each violation, payable to the tenant;
        (3) reasonable attorney's fees and court costs; and
        (4) other equitable relief as the court may deem
appropriate and just.
    (b) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's housing rights, no inquiry shall be permitted into the tenant's immigration or citizenship status, except if:
        (1) unless otherwise provided in subsection (c), the
claims or defenses raised by the tenant place the person's immigration or citizenship status directly in contention; or
        (2) the person seeking to make the inquiry
demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.
    (c) The assertion of an affirmative defense to an eviction action under Section 9-106.3 of the Code of Civil Procedure does not constitute cause for discovery or other inquiry into a person's immigration or citizenship status.
(Source: P.A. 101-439, eff. 8-21-19.)

765 ILCS 755/97

    (765 ILCS 755/97)
    Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 101-439, eff. 8-21-19.)

765 ILCS 755/905

    (765 ILCS 755/905)
    Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 101-439, eff. 8-21-19; text omitted.)

765 ILCS 755/910

    (765 ILCS 755/910)
    Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 101-439, eff. 8-21-19; text omitted.)

765 ILCS 755/999

    (765 ILCS 755/999)
    Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 101-439, eff. 8-21-19.)