SB3100 103RD GENERAL ASSEMBLY

LRB103 36017 LNS 66104 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3100

Introduced 2/2/2024, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

New Act
735 ILCS 5/9-106.4 new
765 ILCS 720/Act rep.

Creates the Landlord Retaliation Act. Provides that a landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession, or refuse to renew a lease or tenancy because the tenant has, in good faith: (1) complained of code violations applicable to the premises to a competent governmental agency, elected representative, or public official charged with the responsibility for enforcement of a building, housing, health, or similar code; (2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization or the news media; (3) sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; (4) complained to or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other rule or regulation, or residential rental agreement; (5) organized or become a member of a tenant's union or similar organization; (6) testified in any court or administrative proceeding concerning the condition of the premises; or (7) exercised any right or remedy provided by law. Sets forth remedies for a violation of the Act. Amends the Code of Civil Procedure to create an affirmative defense to an eviction action if the court finds that the tenant engaged in an action protected under the Landlord Retaliation Act. Repeals the Retaliatory Eviction Act.

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 Landlord Retaliation Act.

Section 5. Prohibition on retaliatory conduct by landlord. It is declared to be against the public policy of this State for a landlord to take retaliatory action against a tenant. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession, or refuse to renew a lease or tenancy because the tenant has, in good faith:

(1) complained of code violations applicable to the premises to a competent governmental agency, elected representative, or public official charged with the responsibility for enforcement of a building, housing, health, or similar code;

(2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization or the news media;

(3) sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice;

(4) complained to or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other rule or regulation, or residential rental agreement;

(5) organized or become a member of a tenant's union or similar organization;

(6) testified in any court or administrative proceeding concerning the condition of the premises; or

(7) exercised any right or remedy provided by law.

Section 10. Remedies. If the landlord violates this Act, the tenant has a defense in any retaliatory action against the tenant, and the landlord shall be subject to a civil action for damages and other appropriate relief, including, but not limited to:

(1) Termination of the rental agreement and, if the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 1.2 of the Security Deposit Return Act and all prepaid rent.

(2) Recovery of possession of the premises if the landlord has dispossessed, threatened to dispossess, or is in the process of dispossessing the premises.

(3) Recovery of an amount equal to and not more than 3 months' rent or 3 times the damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.

(4) Punitive damages in an amount of not less than $100 nor more than $2,000 for each retaliatory act where the landlord has been guilty of fraud, oppression, or malice with respect to that act.

Section 15. Rebuttable presumption. In an action by or against the tenant, if there is evidence of tenant conduct protected under this Act within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord's conduct was retaliatory.

Section 20. The Code of Civil Procedure is amended by adding Section 9-106.4 as follows:

(735 ILCS 5/9-106.4 new)

Sec. 9-106.4. Affirmative defenses for protected actions under the Landlord Retaliation Act. It is an affirmative defense to an action maintained under this Article if the court finds that the tenant has engaged in an action protected under Section 5 of the Landlord Retaliation Act.

(765 ILCS 720/Act rep.)

Section 25. The Retaliatory Eviction Act is repealed.