101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4257

 

Introduced 1/27/2020, by Rep. Aaron M. Ortiz

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-106.2
735 ILCS 5/9-106.3

    Amends the Eviction Article of the Code of Civil Procedure. Changes "action" to "eviction action" in provisions regarding certain affirmative defenses. Provides that a landlord's right to terminate a tenancy pursuant to State or local law (rather than existing State or local law) is not enlarged or diminished. Effective immediately.


LRB101 16639 LNS 66024 b

 

 

A BILL FOR

 

HB4257LRB101 16639 LNS 66024 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 5. The Code of Civil Procedure is amended by
5changing Sections 9-106.2 and 9-106.3 as follows:
 
6    (735 ILCS 5/9-106.2)
7    Sec. 9-106.2. Affirmative defense for violence; barring
8persons from property.
9    (a) It shall be an affirmative defense to an eviction
10action maintained under this Article IX if the court makes one
11of the following findings that the demand for possession is:
12        (1) based solely on the tenant's, lessee's, or
13    household member's status as a victim of domestic violence
14    or sexual violence as those terms are defined in Section 10
15    of the Safe Homes Act, stalking as that term is defined in
16    the Criminal Code of 2012, or dating violence;
17        (2) based solely upon an incident of actual or
18    threatened domestic violence, dating violence, stalking,
19    or sexual violence against a tenant, lessee, or household
20    member;
21        (3) based solely upon criminal activity directly
22    relating to domestic violence, dating violence, stalking,
23    or sexual violence engaged in by a member of a tenant's or

 

 

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1    lessee's household or any guest or other person under the
2    tenant's, lessee's, or household member's control, and
3    against the tenant, lessee, or household member; or
4        (4) based upon a demand for possession pursuant to
5    subsection (f) where the tenant, lessee, or household
6    member who was the victim of domestic violence, sexual
7    violence, stalking, or dating violence did not knowingly
8    consent to the barred person entering the premises or a
9    valid court order permitted the barred person's entry onto
10    the premises.
11    (b) When asserting the affirmative defense, at least one
12form of the following types of evidence shall be provided to
13support the affirmative defense: medical, court, or police
14records documenting the violence or a statement from an
15employee of a victim service organization or from a medical
16professional from whom the tenant, lessee, or household member
17has sought services.
18    (c) Nothing in subsection (a) shall prevent the landlord
19from seeking possession solely against a tenant, household
20member, or lessee of the premises who perpetrated the violence
21referred to in subsection (a).
22    (d) Nothing in subsection (a) shall prevent the landlord
23from seeking possession against the entire household,
24including the tenant, lessee, or household member who is a
25victim of domestic violence, dating violence, stalking, or
26sexual violence if the tenant, lessee, or household member's

 

 

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1continued tenancy would pose an actual and imminent threat to
2other tenants, lessees, household members, the landlord or
3their agents at the property.
4    (e) Nothing in subsection (a) shall prevent the landlord
5from seeking possession against the tenant, lessee, or
6household member who is a victim of domestic violence, dating
7violence, stalking, or sexual violence if that tenant, lessee,
8or household member has committed the criminal activity on
9which the demand for possession is based.
10    (f) A landlord shall have the power to bar the presence of
11a person from the premises owned by the landlord who is not a
12tenant or lessee or who is not a member of the tenant's or
13lessee's household. A landlord bars a person from the premises
14by providing written notice to the tenant or lessee that the
15person is no longer allowed on the premises. That notice shall
16state that if the tenant invites the barred person onto any
17portion of the premises, then the landlord may treat this as a
18breach of the lease, whether or not this provision is contained
19in the lease. Subject to paragraph (4) of subsection (a), the
20landlord may evict the tenant.
21    (g) Further, a landlord may give notice to a person that
22the person is barred from the premises owned by the landlord. A
23person has received notice from the landlord within the meaning
24of this subsection if he has been notified personally, either
25orally or in writing including a valid court order as defined
26by subsection (7) of Section 112A-3 of the Code of Criminal

 

 

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1Procedure of 1963 granting remedy (2) of subsection (b) of
2Section 112A-14 of that Code, or if a printed or written notice
3forbidding such entry has been conspicuously posted or
4exhibited at the main entrance to such land or the forbidden
5part thereof. Any person entering the landlord's premises after
6such notice has been given shall be guilty of criminal trespass
7to real property as set forth in Section 21-3 of the Criminal
8Code of 2012. After notice has been given, an invitation to the
9person to enter the premises shall be void if made by a tenant,
10lessee, or member of the tenant's or lessee's household and
11shall not constitute a valid invitation to come upon the
12premises or a defense to a criminal trespass to real property.
13(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)
 
14    (735 ILCS 5/9-106.3)
15    Sec. 9-106.3. Affirmative defenses for eviction action
16retaliation on the basis of immigration status.
17    (a) It is an affirmative defense to an eviction action
18maintained under this Article if the court finds that:
19        (1) the landlord's demand for possession is based
20    solely or in part on the citizenship or immigration status
21    of the tenant; or
22        (2) the landlord's demand for possession is based
23    solely or in part on the tenant's failure to provide a
24    social security number, information required to obtain a
25    consumer credit report, or a form of identification deemed

 

 

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1    acceptable by the landlord, and the lease with the tenant
2    has commenced, and the tenant has taken possession.
3    (b) This Section does not prohibit a landlord from
4complying with any legal obligation under federal, State, or
5local law, including, but not limited to, any legal obligation
6under any government program that provides for rent limitations
7or rental assistance to a qualified tenant or a subpoena,
8warrant, or other court order.
9    (c) This Section does not prohibit a landlord from
10requesting information or documentation necessary to determine
11or verify the financial qualifications of a prospective tenant.
12    (d) This Section does not prohibit a landlord from
13delivering to the tenant an oral or written notice regarding
14conduct by the tenant that violates, may violate, or has
15violated an applicable rental agreement, including the lease or
16any rule, regulation, or law.
17    (e) This Section does not enlarge or diminish a landlord's
18right to terminate a tenancy pursuant to existing State or
19local law, nor does this Section enlarge or diminish the
20ability of a unit of local government to regulate or enforce a
21prohibition against a landlord's harassment of a tenant.
22(Source: P.A. 101-439, eff. 8-21-19.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.