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Public Act 099-0441
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| SB1547 Enrolled | LRB099 10920 AWJ 31259 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by adding Section |
5-1005.10 as follows:
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(55 ILCS 5/5-1005.10 new) |
Sec. 5-1005.10. Ordinances penalizing tenants who contact |
police or other emergency services prohibited. |
(a) Definitions. As used in this Section: |
"Contact" includes any communication made by a tenant, |
landlord, guest, neighbor, or other individual to police or |
other emergency services. |
"Criminal activity" means a violation of the Criminal Code |
of 2012, of the Cannabis Control Act, of the Illinois |
Controlled Substances Act, or of the Methamphetamine Control |
and Community Protection Act. |
"Disability" means, with respect to a person: |
(1) a physical or mental impairment which |
substantially limits one or more of such person's major life |
activities; |
(2) a record of having such an impairment; or |
(3) being regarded as having such an impairment, but |
such term does not include current, illegal use of or addiction |
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to a controlled substance, as defined in the federal Controlled |
Substances Act, 21 U.S.C. 802. |
"Domestic violence", "landlord", "sexual violence", and |
"tenant" have the meanings provided under Section 10 of the |
Safe Homes Act. |
"Dwelling unit" has the meaning provided under subsection |
(a) of Section 15 of the Landlord and Tenant Act. |
"Penalizes" includes, but is not limited to: |
(1) assessment of fees or fines; |
(2) revocation, suspension, or nonrenewal of any |
license or permit required for the rental or occupancy of |
any dwelling unit; |
(3) termination or denial of a subsidized housing |
contract or housing subsidy; and |
(4) termination or nonrenewal of a residential lease |
agreement. |
"Subsidized housing" has the meaning provided under |
subsection (a) of Section 9-119 of the Code of Civil Procedure. |
(b) Protection. |
(1) No county shall enact or enforce an ordinance or |
regulation that penalizes tenants or landlords based on: |
(A) contact made to police or other emergency |
services, if (i) the contact was made with the intent |
to prevent or respond to domestic violence or sexual |
violence; (ii) the intervention or emergency |
assistance was needed to respond to or prevent domestic |
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violence or sexual violence; or (iii) the contact was |
made by, on behalf of, or otherwise concerns an |
individual with a disability and the purpose of the |
contact was related to that individual's disability; |
(B) an incident or incidents of actual or |
threatened domestic violence or sexual violence |
against a tenant, household member, or guest occurring |
in the dwelling unit or on the premises; or |
(C) criminal activity or a local ordinance |
violation occurring in the dwelling unit or on the |
premises that is directly relating to domestic |
violence or sexual violence, engaged in by a tenant, |
member of a tenant's household, guest, or other party, |
and against a tenant, household member, guest, or other |
party. |
(2) Nothing with respect to this Section: (A) limits |
enforcement of Section 15.2 of the Emergency Telephone |
System Act, Article 26 of the Criminal Code of 2012, or |
Article IX of the Code of Civil Procedure;
(B) prohibits |
counties from enacting or enforcing ordinances to impose |
penalties on the basis of the underlying criminal activity |
or a local ordinance violation not covered by paragraph (1) |
of subsection (b) of this Section and to the extent |
otherwise permitted by existing State and federal law; or
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(C) limits or prohibits the eviction of or imposition of |
penalties against the perpetrator of the domestic |
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violence, sexual violence, or other criminal activity. |
(c) Remedies. If a county enacts or enforces an ordinance |
or regulation against a tenant or landlord in violation of |
subsection (b), the tenant or landlord may bring a civil action |
to seek any one or more of the following remedies: |
(1) an order invalidating the ordinance or regulation |
to the extent required to bring the ordinance or regulation |
into compliance with the requirements of subsection (b); |
(2) compensatory damages; |
(3) reasonable attorney fees and court costs; or |
(4) other equitable relief as the court may deem |
appropriate and just. |
(d) Home rule. This Section is a denial and limitation of |
home rule powers and functions under subsection (g) of Section |
6 of Article VII of the Illinois Constitution.
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Section 15. The Illinois Municipal Code is amended by |
adding Section 1-2-1.5 as follows:
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(65 ILCS 5/1-2-1.5 new) |
Sec. 1-2-1.5. Ordinances penalizing tenants who contact |
police or other emergency services prohibited. |
(a) Definitions. As used in this Section: |
"Contact" includes any communication made by a tenant, |
landlord, guest, neighbor, or other individual to police or |
other emergency services. |
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"Criminal activity" means a violation of the Criminal Code |
of 2012, of the Cannabis Control Act, of the Illinois |
Controlled Substances Act, or of the Methamphetamine Control |
and Community Protection Act. |
"Disability" means, with respect to a person: |
(1) a physical or mental impairment which |
substantially limits one or more of such person's major life |
activities; |
(2) a record of having such an impairment; or |
(3) being regarded as having such an impairment, but |
such term does not include current, illegal use of or addiction |
to a controlled substance, as defined in the federal Controlled |
Substances Act, 21 U.S.C. 802. |
"Domestic violence", "landlord", "sexual violence", and |
"tenant" have the meanings provided under Section 10 of the |
Safe Homes Act. |
"Dwelling unit" has the meaning provided under subsection |
(a) of Section 15 of the Landlord and Tenant Act. |
"Penalizes" includes, but is not limited to: |
(1) assessment of fees or fines; |
(2) revocation, suspension, or nonrenewal of any |
license or permit required for the rental or occupancy of |
any dwelling unit; |
(3) termination or denial of a subsidized housing |
contract or housing subsidy; and |
(4) termination or nonrenewal of a residential lease |
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agreement. |
"Subsidized housing" has the meaning provided under |
subsection (a) of Section 9-119 of the Code of Civil Procedure. |
(b) Protection. |
(1) No municipality shall enact or enforce an ordinance |
or regulation that penalizes tenants or landlords based on: |
(A) contact made to police or other emergency |
services, if (i) the contact was made with the intent |
to prevent or respond to domestic violence or sexual |
violence; (ii) the intervention or emergency |
assistance was needed to respond to or prevent domestic |
violence or sexual violence; or (iii) the contact was |
made by, on behalf of, or otherwise concerns an |
individual with a disability and the purpose of the |
contact was related to that individual's disability; |
(B) an incident or incidents of actual or |
threatened domestic violence or sexual violence |
against a tenant, household member, or guest occurring |
in the dwelling unit or on the premises; or |
(C) criminal activity or a local ordinance |
violation occurring in the dwelling unit or on the |
premises that is directly relating to domestic |
violence or sexual violence, engaged in by a tenant, |
member of a tenant's household, guest, or other party, |
and against a tenant, household member, guest, or other |
party. |
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(2) Nothing with respect to this Section: (A) limits |
enforcement of Section 15.2 of the Emergency Telephone |
System Act, Article 26 of the Criminal Code of 2012, or |
Article IX of the Code of Civil Procedure;
(B) prohibits |
municipalities from enacting or enforcing ordinances to |
impose penalties on the basis of the underlying criminal |
activity or a local ordinance violation not covered by |
paragraph (1) of subsection (b) of this Section and to the |
extent otherwise permitted by existing State and federal |
law; or
(C) limits or prohibits the eviction of or |
imposition of penalties against the perpetrator of the |
domestic violence, sexual violence, or other criminal |
activity. |
(c) Remedies. If a municipality enacts or enforces an |
ordinance or regulation against a tenant or landlord in |
violation of subsection (b), the tenant or landlord may bring a |
civil action to seek any one or more of the following remedies: |
(1) an order invalidating the ordinance or regulation |
to the extent required to bring the ordinance or regulation |
into compliance with the requirements of subsection (b); |
(2) compensatory damages; |
(3) reasonable attorney fees and court costs; or |
(4) other equitable relief as the court may deem |
appropriate and just. |
(d) Home rule. This Section is a denial and limitation of |
home rule powers and functions under subsection (g) of Section |