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| | 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 | |
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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.
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| | A BILL FOR |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Civil Procedure is amended by |
5 | | changing 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 |
8 | | persons from property. |
9 | | (a) It shall be an affirmative defense to an eviction |
10 | | action maintained under this Article IX if the court makes one |
11 | | of 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 |
12 | | form of the following types of evidence shall be provided to |
13 | | support the affirmative defense: medical, court, or police |
14 | | records documenting the violence or a statement from an |
15 | | employee of a victim service organization or from a medical |
16 | | professional from whom the tenant, lessee, or household member |
17 | | has sought services. |
18 | | (c) Nothing in subsection (a) shall prevent the landlord |
19 | | from seeking possession solely against a tenant, household |
20 | | member, or lessee of the premises who perpetrated the violence |
21 | | referred to in subsection (a). |
22 | | (d) Nothing in subsection (a) shall prevent the landlord |
23 | | from seeking possession against the entire household, |
24 | | including the tenant, lessee, or household member who is a |
25 | | victim of domestic violence, dating violence, stalking, or |
26 | | sexual violence if the tenant, lessee, or household member's |
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1 | | continued tenancy would pose an actual and imminent threat to |
2 | | other tenants, lessees, household members, the landlord or |
3 | | their agents at the property. |
4 | | (e) Nothing in subsection (a) shall prevent the landlord |
5 | | from seeking possession against the tenant, lessee, or |
6 | | household member who is a victim of domestic violence, dating |
7 | | violence, stalking, or sexual violence if that tenant, lessee, |
8 | | or household member has committed the criminal activity on |
9 | | which the demand for possession is based. |
10 | | (f) A landlord shall have the power to bar the presence of |
11 | | a person from the premises owned by the landlord who is not a |
12 | | tenant or lessee or who is not a member of the tenant's or |
13 | | lessee's household. A landlord bars a person from the premises |
14 | | by providing written notice to the tenant or lessee that the |
15 | | person is no longer allowed on the premises. That notice shall |
16 | | state that if the tenant invites the barred person onto any |
17 | | portion of the premises, then the landlord may treat this as a |
18 | | breach of the lease, whether or not this provision is contained |
19 | | in the lease. Subject to paragraph (4) of subsection (a), the |
20 | | landlord may evict the tenant. |
21 | | (g) Further, a landlord may give notice to a person that |
22 | | the person is barred from the premises owned by the landlord. A |
23 | | person has received notice from the landlord within the meaning |
24 | | of this subsection if he has been notified personally, either |
25 | | orally or in writing including a valid court order as defined |
26 | | by subsection (7) of Section 112A-3 of the Code of Criminal |
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1 | | Procedure of 1963 granting remedy (2) of subsection (b) of |
2 | | Section 112A-14 of that Code, or if a printed or written notice |
3 | | forbidding such entry has been conspicuously posted or |
4 | | exhibited at the main entrance to such land or the forbidden |
5 | | part thereof. Any person entering the landlord's premises after |
6 | | such notice has been given shall be guilty of criminal trespass |
7 | | to real property as set forth in Section 21-3 of the Criminal |
8 | | Code of 2012. After notice has been given, an invitation to the |
9 | | person to enter the premises shall be void if made by a tenant, |
10 | | lessee, or member of the tenant's or lessee's household and |
11 | | shall not constitute a valid invitation to come upon the |
12 | | premises or a defense to a criminal trespass to real property.
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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 |
16 | | retaliation on the basis of immigration status. |
17 | | (a) It is an affirmative defense to an eviction action |
18 | | maintained 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 |
4 | | complying with any legal obligation under federal, State, or |
5 | | local law, including, but not limited to, any legal obligation |
6 | | under any government program that provides for rent limitations |
7 | | or rental assistance to a qualified tenant or a subpoena, |
8 | | warrant, or other court order. |
9 | | (c) This Section does not prohibit a landlord from |
10 | | requesting information or documentation necessary to determine |
11 | | or verify the financial qualifications of a prospective tenant. |
12 | | (d) This Section does not prohibit a landlord from |
13 | | delivering to the tenant an oral or written notice regarding |
14 | | conduct by the tenant that violates, may violate, or has |
15 | | violated an applicable rental agreement, including the lease or |
16 | | any rule, regulation, or law. |
17 | | (e) This Section does not enlarge or diminish a landlord's |
18 | | right to terminate a tenancy pursuant to existing State or |
19 | | local law, nor does this Section enlarge or diminish the |
20 | | ability of a unit of local government to regulate or enforce a |
21 | | prohibition against a landlord's harassment of a tenant.
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22 | | (Source: P.A. 101-439, eff. 8-21-19.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.
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