HB3489 101ST GENERAL ASSEMBLY

LRB101 10605 LNS 55711 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3489

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Immigrant-Owned Property Protection Act. Provides that no municipality or financial institution shall bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a homeowner. Provides that if a municipality or financial institution engages in prohibited conduct against a homeowner, the homeowner may bring a civil action to seek remedies. Provides that the immigration or citizenship status of any person is irrelevant to any issue of liability or remedy in a civil action involving a homeowner's housing rights.

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 1. Short title. This Act may be cited as the Immigrant-Owned Property Protection Act.

Section 5. Definitions. As used in this Act, "immigration or citizenship status" means a person's actual immigration status or citizenship status.

Section 10. Immigrant-owned property. Unless required by law or court order, no municipality or financial institution shall bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a homeowner. The following applies to immigrant homeowners:

(1) If he or she owns a house, he or she shall continue to own the house, and may allow others to live in it or arrange, through a representative, to lease or sell the house as he or she sees fit.

(2) If the house is vacant due to all residents being removed from the United States, the house shall stand vacant until (i) the owner decides to sell or lease the house, (ii) the house becomes a public hazard and is condemned, (iii) the owner fails to pay property taxes and the house is subject to a tax sale, or (iv) the owner fails to satisfy a mortgage obligation, the mortgage is foreclosed, and the house is repossessed.

(3) The fact that the reason for the person's absence is removal from the United States is irrelevant to the homeowner's rights with respect to his or her real property interests.

Section 15. Remedies.

(a) If a municipality or financial institution engages in prohibited conduct described in Section 10 against a homeowner, the homeowner 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;

(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 homeowner's rights under this Act. In proceedings or discovery undertaken in a civil action involving a homeowner's housing rights, no inquiry shall be permitted into the homeowner's immigration or citizenship status, except if:

(1) unless otherwise provided in subsection (c), the claims or defenses raised by the homeowner 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.