SB1547 99TH GENERAL ASSEMBLY

LRB099 10920 AWJ 31259 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1547

Introduced 2/20/2015, by Sen. Toi W. Hutchinson - David Koehler

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-2-1.5 new

Amends the Illinois Municipal Code. Creates a new Section prohibiting all units of local government from enacting or enforcing ordinances or regulations that penalize tenants who contact police or other emergency services if (1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation; (2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation; (3) the intervention or emergency assistance was needed to respond to the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation; or (4) the contact was concerning an individual with a disability. Requires any ordinances inconsistent with this Section to be repealed or modified. Provides that a landlord or tenant may bring a civil suit seeking to invalidate the ordinance, compensatory damages, attorney fees, court costs, and other equitable relief. Provides that the new Section is a denial and limitation of home rule powers and functions. Provides that this Section does not limit enforcement of provisions of the Emergency Telephone System Act, the Criminal Code of 2012, and the Forcible Entry and Detainer Article of the Code of Civil Procedure, or does not limit or prohibit any unit of local government from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 1-2-1.5 as follows:

(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.

"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.

"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.

"Emergency situation" means a threat of, or events causing, physical harm or death to a person or damage or destruction to property.

"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. No unit of local government shall enact or enforce an ordinance or regulation that penalizes tenants or landlords based in whole or in part on contact made to police or other emergency services, if:

(1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation;

(2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation; or

(3) the intervention or emergency assistance was needed to respond to or prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation.

(4) 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.

(c) Repeal or modification of ordinances. Should a municipality have enacted an ordinance that is inconsistent with subsection (b) of this Section prior to the effective date of this amendatory Act of the 99th General Assembly, the municipality shall within 90 days of the effective date of this amendatory Act of the 99th General Assembly repeal the ordinance or modify the ordinance so that it is in compliance with subsection (b) of this Section.

(d) Remedies. If a unit of local government enacts, enforces, or fails to repeal or modify an ordinance or regulation against a tenant or landlord in violation of subsections (b) or (c), 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 in whole or in part to the extent required to bring the ordinance or regulation into in compliance with the requirements of subsection (b);

(2) compensatory damages;

(3) reasonable attorney fees and court costs; and

(4) other equitable relief as the court may deem appropriate and just.

(e) 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.

(f) Effect.

(1) Nothing with respect to this Section limits enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, and Article IX of the Code of Civil Procedure.

(2) Nothing in this Section shall be interpreted to limit or prohibit any unit of local government from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service.

Section 99. Effective date. This Act takes effect upon becoming law.