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.


LRB101 10605 LNS 55711 b

 

 

A BILL FOR

 

HB3489LRB101 10605 LNS 55711 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Immigrant-Owned Property Protection Act.
 
6    Section 5. Definitions. As used in this Act, "immigration
7or citizenship status" means a person's actual immigration
8status or citizenship status.
 
9    Section 10. Immigrant-owned property. Unless required by
10law or court order, no municipality or financial institution
11shall bring an action to recover possession of a dwelling unit
12based solely or in part on the immigration or citizenship
13status of a homeowner. The following applies to immigrant
14homeowners:
15    (1) If he or she owns a house, he or she shall continue to
16own the house, and may allow others to live in it or arrange,
17through a representative, to lease or sell the house as he or
18she sees fit.
19    (2) If the house is vacant due to all residents being
20removed from the United States, the house shall stand vacant
21until (i) the owner decides to sell or lease the house, (ii)
22the house becomes a public hazard and is condemned, (iii) the

 

 

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1owner fails to pay property taxes and the house is subject to a
2tax sale, or (iv) the owner fails to satisfy a mortgage
3obligation, the mortgage is foreclosed, and the house is
4repossessed.
5    (3) The fact that the reason for the person's absence is
6removal from the United States is irrelevant to the homeowner's
7rights with respect to his or her real property interests.
 
8    Section 15. Remedies.
9    (a) If a municipality or financial institution engages in
10prohibited conduct described in Section 10 against a homeowner,
11the homeowner may bring a civil action to seek any one or more
12of the following remedies:
13        (1) actual damages, as reasonably determined by the
14    court, for injury or loss suffered;
15        (2) a civil penalty in an amount not to exceed $2,000
16    for each violation;
17        (3) reasonable attorney's fees and court costs; and
18        (4) other equitable relief as the court may deem
19    appropriate and just.
20    (b) The immigration or citizenship status of any person is
21irrelevant to any issue of liability or remedy in a civil
22action involving a homeowner's rights under this Act. In
23proceedings or discovery undertaken in a civil action involving
24a homeowner's housing rights, no inquiry shall be permitted
25into the homeowner's immigration or citizenship status, except

 

 

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1if:
2        (1) unless otherwise provided in subsection (c), the
3claims or defenses raised by the homeowner place the person's
4immigration or citizenship status directly in contention; or
5        (2) the person seeking to make the inquiry demonstrates
6by clear and convincing evidence that the inquiry is necessary
7in order to comply with federal law.
8    (c) The assertion of an affirmative defense to an eviction
9action under Section 9-106.3 of the Code of Civil Procedure
10does not constitute cause for discovery or other inquiry into a
11person's immigration or citizenship status.