Rep. Edgar Gonzalez, Jr.

Filed: 2/15/2022





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2    AMENDMENT NO. ______. Amend House Bill 5390 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Keep
5Illinois Home Act.
6    Section 5. Findings. The General Assembly finds that:
7    (a) There is a significant shortage of safe, affordable,
8and healthy rental housing in the State, especially for
9hundreds of thousands of lower-income renters. One-third of
10residents, or nearly 1.6 million households, depend on rental
12    (b) The rate at which rent has increased in the State has
13continued to outpace the increase in residents' real wages,
14resulting in an increasing rent burden borne by households,
15especially vulnerable populations. This growing burden
16threatens the quality and stability of housing available to



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2    (c) Many households that depend on rental housing are
3low-income and are rent-burdened, meaning that they pay more
4than 30% of the household income on rent. Additionally, some
5of these households are severely cost-burdened, meaning that
6the household must devote more than 50% of the household
7income to paying rent, leaving little for other household
8necessities such as health care, education, vocational
9training, transportation, or utilities.
10    (d) An inability to find affordable housing negatively
11impacts tenants' economic stability, health and well-being,
12and capacity to participate in their communities. A lack of
13stable housing may limit a parent's ability to maintain
14employment, a child's capacity to succeed at school, and, for
15lower-income families, the potential to escape the cycle of
17    (e) Tenants' inability to find and retain affordable
18housing results in increased rates of involuntary
19displacement, eviction, and property turnover, creating
20additional burdens for landlords and property owners, social
21service agencies, local governments, and the judicial system,
22as well as renter households.
23    Section 10. Purpose. The purpose of this Act is to promote
24the maintenance and expansion of the supply of healthy,
25accessible, safe, and affordable rental housing, and to



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1establish the rights and obligations of landlords and tenants
2in the rental of dwelling units in the State. This Act is
3remedial in its general purpose and shall be construed
4liberally to achieve its objectives.
5    Section 15. Definitions. As used in this Act:
6    "Administering entity" means the organization contracted
7by or party to a memorandum of agreement with the
8Administrative Office of the Illinois Courts to administer the
9Right to Counsel Program in accordance with Section 30.
10    "Area median income" means the median income published
11annually for each metropolitan and nonmetropolitan area by the
12U.S. Department of Housing and Urban Development.
13    "Consideration" includes, but is not limited to, money and
14the fair market value of goods and services rendered for the
15benefit of the landlord under the rental agreement.
16    "Covered individual" means any party to a covered matter
17who is a tenant, lessee, or occupant, for residential
18purposes, of any land or building, any apartment in any
19building, any dwelling unit, any trailer or mobile
20manufactured home, or any land upon which a trailer or mobile
21manufactured home is used or stands.
22    "Covered matter" means any notice to quit or notice to
23terminate tenancy delivered to, or any summary process action
24instituted against, a covered individual under Article IX of
25the Code of Civil Procedure or any administrative proceeding



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1against a covered individual necessary to preserve a State or
2federal housing subsidy or to prevent a proposed termination
3of the lease.
4    "Designated organization" means any not-for-profit legal
5services organization that provides legal representation in a
6covered matter to a covered individual.
7    "Dwelling" means any privately owned parcel of real
8property in the State that is assessed and taxed as an
9undivided whole with one or more dwelling units rented or
10available for rent for residential use and occupancy on or
11after the effective date of this Act. "Dwelling" includes a
12dwelling unit within a common-interest community, including a
13condominium or cooperative building, that is held out for rent
14and not occupied by the owner of record. "Dwelling" does not
15include a commercial unit in a mixed-use development, hospital
16or skilled nursing facility, transitory dwelling that is not
17ordinarily occupied by the same tenant for more than 31 days,
18convent or monastery, extended care facility, asylum or
19not-for-profit home for the aged, temporary overnight shelter,
20transitional shelter, dormitory owned and operated by an
21elementary school, high school, or institution of higher
22learning, student housing accommodation wherein a housing
23agreement or housing contract is entered into between the
24student and an institution of higher learning or student
25housing wherein the institution exercises control or
26supervision of the student, or student housing owned and



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1operated by a tax-exempt organization affiliated with an
2institution of higher learning.
3    "Dwelling unit" refers to any building, structure, or part
4thereof, or land appurtenant thereto, or any other rental
5property rented or offered for rent for residential purposes,
6together with all common areas and recreational facilities
7held out for use by the tenant. For the purposes of Sections 20
8and 25, "dwelling unit" does not include a subsidized housing
9unit or unit with rent that is controlled, regulated, or
10subsidized by any governmental unit, agency, or authority.
11    "Landlord" means an owner of record, agent, lessor, or
12sublessor, or the successor in interest of any of them, of a
13dwelling or dwelling unit.
14    "Legal representation" means representation in a covered
15matter provided by a designated organization to a covered
16individual, and all legal advice, advocacy, and assistance
17associated with the representation, subject to and in
18accordance with the Illinois Rules of Professional Conduct.
19    "Median area rent" means the median of rent charged for a
20residential dwelling unit with the same number of bedrooms in
21each county or the other unit of local government as defined by
22the Illinois Housing Development Authority.
23    "Person with a disability" has the meaning given to that
24term in paragraph (2) of subsection 2FF of the Consumer Fraud
25and Deceptive Business Practices Act.
26    "Rent" means the consideration demanded or received in



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1connection with the use and occupancy of a dwelling unit.
2"Rent" does not include a security deposit or other fund held
3in trust for the tenant but includes other fees, costs, and
4consideration, regardless of whether they are denominated as
6    "Rental agreement" means an agreement, oral, written, or
7implied, between a landlord and tenant for use or occupancy of
8a dwelling unit and associated services.
9    "Subsidized housing" has the meaning given to that term in
10Section 3 of the Subsidized Housing Joint Occupancy Act.
11    "Tenant" means a person entitled by a rental agreement,
12subtenancy approved by the landlord, or by sufferance, to
13occupy a dwelling unit.
14    Section 20. Establishment of annual rent increase limit.
15    (a) This Section is designed to stabilize rent, prevent
16displacement due to sudden and substantial rent increases and
17ensure affordability and predictability of future rent
18increases. The annual limit on rent increases established by
19this Section applies to a rental unit, rather than an
20individual tenant household.
21    (b) A landlord may increase the rent no more than once
22every 12 months. A landlord may not increase the rent beyond
23what is permitted by this Section, regardless of whether a
24tenant moves out of, or is otherwise displaced from, the
25dwelling unit, or ownership or management of the dwelling unit



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1has changed. If a landlord has not increased the rent within 12
2months before a tenant moves into the dwelling unit, the
3landlord may only increase the rent to the extent allowed by
4this Section.
5    (c) No more than once every 12 months, upon a 90-day
6written notice, a landlord may increase the rent for a
7dwelling unit in which a tenant resides by a rate no greater
8than 5%. The permissible percentage change shall be calculated
9using the lowest gross rental rate charged for that dwelling
10unit at any time during the 12 months prior to the effective
11date of the increase.
12    (d) A landlord who has not registered a particular
13dwelling unit with the Residential Rental Registry may not
14increase the rent charged for the dwelling unit until the
15landlord registers the dwelling unit with the Residential
16Rental Registry.
17    (e) A landlord who temporarily removes a dwelling unit
18from the rental market and later relists the property for rent
19may only increase the rental rate charged for the unit in
20accordance with this Section, regardless of how long the
21dwelling unit is vacant. If the unit is vacant for more than 12
22months, the permissible percentage change shall be calculated
23using the gross rental rate charged when the unit was last
25    Section 25. Establishment of Residential Rental Registry.



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1    (a) The State hereby establishes the Residential Rental
2Registry and finds and declares that the rental of a dwelling
3unit constitutes a business or activity which impacts the
4public health, safety, and general welfare of the people of
5the State. The intent of this Section is to protect the public
6health, safety, and general welfare of the people of the State
7and to further achieve the beneficial purposes of:
8        (1) protecting the character and stability of
9    residential areas;
10        (2) augmenting the correction and prevention of
11    housing conditions that adversely affect or are likely to
12    adversely affect the health, life, safety, and general
13    welfare, including the physical, mental, and social
14    well-being of a person occupying a dwelling;
15        (3) gathering information to enable the State, tenant,
16    and the public to have a better understanding of and
17    transparency concerning the State's rental housing stock,
18    its ownership, and condition; and
19        (4) further educating a landlord regarding the
20    landlord's obligations.
21    (b) No person shall allow to be occupied, or rent to
22another for occupancy, or charge, accept, or retain rent for
23any dwelling unit unless the landlord has duly registered the
24dwelling unit with the Illinois Housing Development Authority.
25Each landlord of one or more dwelling unit, including a
26condominium and cooperative unit, in the State shall register



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1each dwelling unit by January 15th of each year with the
2Illinois Housing Development Authority. For a condominium and
3cooperative, the property required to be registered shall be
4the individual dwelling unit being rented or offered for rent,
5and not the entire building or development. Within 15 days
6after a change in ownership of a dwelling unit, the new
7landlord shall notify the Illinois Housing Development
8Authority of the change.
9    (c) The Illinois Housing Development Authority shall
10prepare and make available an Internet registration web form
11for a landlord to complete that collects information the
12Illinois Housing Development Authority deems desirable and
13necessary to fulfill the purposes of this Section. The data
14collected pursuant to this Section shall be made publicly
15available in the form of a searchable and exportable database.
16The information collected from a landlord includes, but is not
17limited to:
18        (1) the street address and property index number of
19    the building within which any dwelling unit is located;
20        (2) the number of dwelling units in the building, the
21    number of floors in the building, the floor number and
22    unit number or letter designation for each dwelling unit
23    that is or may be available for rent at any time, and the
24    number of bedrooms in each dwelling unit;
25        (3) the rental rate charged at the time of
26    registration for each dwelling unit;



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1        (4) the name, street address, email, and telephone
2    number of the landlord;
3        (5) if the landlord is a corporation, partnership,
4    limited partnership, limited liability company, or other
5    entity, the name, title, street address, telephone number,
6    associated website address, if any, and email of a
7    responsible individual partner, member, or officer, and of
8    any partner, member, or officer holding a 20% or greater
9    interest in the entity. If no one person holds 20% or
10    greater interest in the entity, the foregoing information
11    for each of the 5 persons holding the most interest in the
12    entity shall be disclosed;
13        (6) the name, street address, email, associated
14    website address, if any, and telephone number of the
15    property manager, if different from the landlord; and
16        (7) the name, street address, telephone number, and
17    email of the person or entity the tenant is to contact when
18    requesting repairs be made to the tenant's dwelling unit,
19    and the contact person's business relationship to the
20    owner.
21    For purposes of this Section, a post office box or
22commercial mail receiving service shall not be accepted as the
23landlord's or property manager's address. The building and
24dwelling unit being registered shall not be accepted as the
25landlord's address, unless it is the principal place of
26business or residence of the landlord.



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1    Failure to provide required information or to pay the
2registration fee shall be grounds for Illinois Housing
3Development Authority to disallow registration.
4    (d) Unless otherwise provided, any person who violates
5this Section, or provides false or misleading information to
6the Illinois Housing Development Authority, or violates any
7rule adopted hereunder, shall be barred and prohibited from
8filing an eviction action or other action under the Code of
9Civil Procedure seeking possession of any dwelling unit within
10the building for which the false or misleading information was
11provided, and shall be fined $100 per dwelling unit. Each day
12that a violation exists shall constitute a separate and
13distinct offense. If the failure of a landlord to register a
14dwelling unit is willful or a landlord knowingly provides
15false information in a registration statement, then the State
16shall, in addition to other remedies, claw back or recover any
17financial benefit given, awarded, or credited to the landlord
18for the 7 years preceding the landlord's act or omission.
19Liability for a violation of this Section shall be joint and
20several among owners. The remedies available under this
21Section are cumulative and not exclusive.
22    (e) The Illinois Housing Development Authority shall
23administer this Section and shall adopt rules for the
24effective administration of this Section within 90 days of the
25effective date of this Act. The Illinois Housing Development
26Authority shall consult and cooperate with other pertinent



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1State departments and agencies in the implementation,
2administration, and enforcement of the provisions of this
3Section. The Illinois Housing Development Authority shall
4establish and maintain the rental registry on a user-friendly,
5publicly accessible, searchable website, and shall include, in
6addition to the registration forms submitted by an owner,
7records of registration violations. This website shall
8maintain public access to these records for 10 years. The
9Illinois Housing Development Authority shall enforce any
10provision of this Section through an injunction or any other
11suit, action, or proceeding at law or in equity in a court of
12competent jurisdiction.
13    Section 30. Right to Counsel Program.
14    (a) There is established the Right to Counsel Program for
15the purpose of providing any covered individual with legal
16representation at no cost in a covered matter, effective one
17year after the effective date of this Act.
18    (b) The Judicial Branch shall contract with or enter a
19memorandum of agreement with an administering entity to
20administer the Right to Counsel Program. The administering
21entity, within the funding available to it for the Right to
22Counsel Program, shall fund the provision of legal
23representation by designated organizations under this Section.
24A designated organization may subcontract with a nonprofit or
25community organization to provide legal representation to a



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1covered individual, and to provide tenant outreach and
2education. A designated organization shall, at a minimum:
3        (1) have substantial expertise in housing law and
4    landlord tenant law and substantial experience furnishing
5    free legal assistance to an eligible individual;
6        (2) have a demonstrated history of serving the
7    low-income community;
8        (3) identify the geographic area in which the
9    organization provides legal representation;
10        (4) have a plan to reach and provide legal
11    representation to an income-eligible person with limited
12    English proficiency; and
13        (5) provide appropriate supervision and training.
14    (c) The administering entity may receive funds or services
15from the State or federal government, corporations,
16associations, or individuals to fund:
17        (1) the provision of legal representation to a covered
18    individual in a covered matter;
19        (2) the administration of the Right to Counsel Program
20    for the administering entity and designated organization;
21    and
22        (3) tenant outreach and education.
23    (d) The Judicial Branch, in consultation with the
24administering entity and designated organization, shall
25approve a one-page, plain language notice to inform a tenant
26of the rights under the Right to Counsel Program. Not later



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1than one year after the effective date of this Act, the notice
2shall be made available on the Judicial Branch's website and
3available to the public. The notice shall include a phone
4number for accessing information and applying for assistance.
5    On and after October 1, 2022, an owner, lessor, landlord,
6legal representative, or agent of an owner, lessor, or
7landlord, a housing authority, or a housing subsidy program
8administrator, as applicable, shall attach a copy of the
9notice described to:
10        (1) a notice to quit delivered to a covered individual
11    pursuant to Article IX of the Code of Civil Procedure;
12        (2) a summons and complaint for an eviction action
13    pursuant to Article IX of the Code of Civil Procedure;
14        (3) a lease termination notice, including for a public
15    or subsidized housing unit; and
16        (4) a notice to terminate a State or federal housing
17    subsidy.
18    Any court notice scheduling a mediation or hearing that is
19sent to a self-represented party in a covered matter shall
20include plain language information about the availability of
21legal representation through the Right to Counsel Program and
22a phone number for accessing information and applying for
24    (e) The administering entity, in consultation with the
25designated organization, shall determine how to phase in the
26Right to Counsel Program based on all relevant factors,



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1including, but not limited to:
2        (1) the prioritization of certain groups of
3    individuals by income, zip codes, census tracts, or other
4    priority criteria developed in consultation with the
5    designated organization;
6        (2) the availability of program funding;
7        (3) the number of trained legal services attorneys
8    available to provide legal representation; and
9        (4) the scope of the need for legal representation.
10    (f) Nothing in this Section shall be construed to
11establish any right enforceable by a covered individual
12against a designated organization or the administering entity.
13    (g) No later than one year after the effective date of this
14Act, and annually thereafter, the administering entity shall
15submit a report to the joint standing committees of the
16General Assembly having cognizance of matters relating to
17housing and the Judicial Department. The report shall include:
18        (1) the number of covered individuals provided legal
19    representation pursuant to this Section;
20        (2) the extent of legal representation provided;
21        (3) any outcomes achieved, such as the rates of tenant
22    representation, tenant retention of housing, or other
23    appropriate outcome measures; and
24        (4) the engagement and education of tenants.
25    Section 35. Small Rental Property Owner Repairs and



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1Improvement Fund.
2    (a) The Illinois Housing Development Authority shall
3establish a fund that provides financial support in the form
4of grants, zero-interest loans, or low-interest loans, to an
5owner who owns no more than 12 dwelling units and who seeks to
6conduct capital improvements or significant repairs that would
7bring one or more dwelling unit into material compliance with
8habitability and healthy homes standards. To be eligible to
9receive financial support through the Small Rental Property
10Owner Repairs and Improvement Fund, the owner shall not charge
11rent that exceeds the applicable median area rent.
12    (b) When considering and prioritizing applications for the
13Small Rental Property Owner Repairs and Improvement Fund, the
14Illinois Housing Development Authority may prioritize, among
15other factors, applications from a landlord who:
16        (1) has not increased rent within the past 12 months;
17        (2) has registered with the Residential Rental
18    Registry;
19        (3) has not received funding from the Small Landlord
20    Repairs and Improvement Fund in the 3 years prior to
21    submitting the landlord's application;
22        (4) has maintained a reserve account for maintenance
23    and repairs;
24        (5) lacks insurance coverage for the repairs to be
25    conducted;
26        (6) has encountered unexpected repairs that



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1    significantly reduce the habitability, health, or safety
2    of the dwelling; or
3        (7) meets other criteria as the Illinois Housing
4    Development Authority requires.
5    Section 40. Private enforcement.
6    (a) A landlord who is found liable in a judicial or
7administrative proceeding, including an eviction action, to a
8tenant of a dwelling unit for charging an amount of rent for
9that dwelling unit in excess of that allowed under this Act
10shall pay the prevailing tenant damages equal to 3 times the
11total monthly rent charged, together with the actual damages,
12the tenant's costs, and reasonable attorney's fees.
13    (b) It is an affirmative defense and counterclaim in any
14eviction action that the landlord has charged rent in excess
15of the amount allowed under this Act.
16    (c) No landlord may terminate or threaten to terminate a
17tenancy, refuse to renew a tenancy, increase rent, or decrease
18services for a dwelling unit on the ground that the tenant has
19complained to the landlord, any governmental authority,
20community organization, or media organization of a bona fide
21violation of this Act, or worked collectively to organize a
22tenant association or other group to advocate for the tenant's
23rights under this Act. Any provision in a rental agreement or
24other agreement or understanding purporting to waive the
25protection provided by this subsection is void and



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1unenforceable. If a landlord is found to have acted in
2violation of this subsection, the tenant is entitled to
3recover damages in the amount of 3 times the monthly rent
4charged, together with the tenant's actual damages, the
5tenant's costs, and reasonable attorney's fees. In an action
6brought under this subsection, the tenant may also seek to
7recover possession of the dwelling unit or terminate the
8rental agreement.
9    Section 45. Tenant Bill of Rights.
10    (a) The rental of the following dwelling units shall not
11be governed by this Act, unless the rental agreement thereof
12is created to avoid the application of this Act:
13        (1) a dwelling unit in a hotel, motel, inn, bed-
14    and-breakfast establishment, rooming house, and boarding
15    house, but only until the dwelling unit has been occupied
16    by a tenant for 32 or more continuous days and the tenant
17    pays a monthly rent, exclusive of any period of wrongful
18    occupancy contrary to agreement with an owner. No landlord
19    shall bring an action to recover possession of the unit or
20    avoid renting monthly in order to avoid the application of
21    this Act. Any willful attempt to avoid application of this
22    Act by an owner may be punishable by a criminal or civil
23    action;
24        (2) a housing accommodation in any hospital, convent,
25    monastery, extended care facility, asylum or



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1    not-for-profit home for the aged, temporary overnight
2    shelter, transitional shelter, dormitory owned and
3    operated by an elementary school, high school, or
4    institution of higher learning, student housing
5    accommodation wherein a housing agreement or housing
6    contract is entered into between the student and an
7    institution of higher learning or student housing wherein
8    the institution exercises control or supervision of the
9    student, or student housing owned and operated by a
10    tax-exempt organization affiliated with an institution of
11    higher learning;
12        (3) a dwelling unit that is occupied by a purchaser
13    pursuant to a real estate purchase contract prior to the
14    transfer of title to the property to the purchaser, or by a
15    seller of property pursuant to a real estate purchase
16    contract subsequent to the transfer of title from the
17    seller;
18        (4) a dwelling unit occupied by an employee of a
19    landlord whose right to occupancy is conditional upon
20    employment in or about the premises; and
21        (5) a dwelling unit in a cooperative occupied by a
22    holder of a proprietary lease.
23    (b) Identification of owner and agent.
24        (1) A landlord or any person authorized to enter into
25    an oral or written rental agreement on the landlord's
26    behalf shall disclose to the tenant in writing at or



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1    before the commencement of the tenancy the name, address,
2    and telephone number of:
3            (A) the owner or person authorized to manage the
4        premises; and
5            (B) a person authorized to act for and on behalf of
6        the owner for the purpose of service of process and for
7        the purpose of receiving and receipting for notices
8        and demands.
9        (2) A person who enters into a rental agreement and
10    fails to comply with the requirements of this Section
11    becomes an agent of the landlord for the purpose of:
12            (A) service of process and receiving and
13        receipting for notices and demands; and
14            (B) performing the obligations of the landlord
15        under this Act and under the rental agreement.
16        (3) The information required under this Section shall
17    be kept current and this Section extends to and is
18    enforceable against any successor landlord, owner, or
19    manager.
20        (4) If the landlord fails to comply with this Section,
21    the tenant may terminate the rental agreement under the
22    notice provisions of paragraph (2) of subsection (e). If
23    the landlord fails to comply with the requirements of this
24    Section after receipt of written notice under paragraph
25    (2) of subsection (e), the tenant shall recover one
26    month's rent or actual damages, whichever is greater.



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1    (c) Landlord's right of access.
2        (1) A tenant shall not unreasonably withhold consent
3    to the landlord to enter the dwelling unit:
4            (A) to make a necessary or agreed repair,
5        decoration, alteration, or improvement;
6            (B) to supply a necessary or agreed service;
7            (C) to conduct an inspection authorized or
8        required by any governmental agency;
9            (D) to exhibit the dwelling unit to a prospective
10        or actual purchaser, mortgagee, workman, or
11        contractor;
12            (E) to exhibit the dwelling unit to a prospective
13        tenant 60 days or less prior to the expiration of the
14        existing rental agreement;
15            (F) for practical necessity where repairs or
16        maintenance elsewhere in the building unexpectedly
17        require access;
18            (G) to determine a tenant's compliance with
19        provisions in the rental agreement; and
20            (H) in case of an emergency.
21        (2) A landlord shall not abuse the right of access or
22    use it to harass the tenant.
23        (3) Except in cases where access is authorized by
24    subsection (f) or (h), the landlord shall give the tenant
25    notice of the landlord's intent to enter of no less than 2
26    days.



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1            (A) The notice shall be provided directly to each
2        dwelling unit by mail, telephone, written notice to
3        the dwelling unit, or by other reasonable means
4        designed in good faith to provide notice to the
5        tenant.
6            (B) If access is required because of repair work
7        for a common facility or other apartment, a general
8        notice may be given by the landlord to all potentially
9        affected tenants that entry may be required.
10            (C) In a case where access is authorized by
11        subsection (f) or (h), the landlord may enter the
12        dwelling unit without notice or consent of the tenant.
13        The landlord shall give the tenant notice of entry
14        within 2 days after entry.
15            (D) The landlord may enter only at a reasonable
16        time, except in the case of an emergency. Entry
17        between 8:00 a.m. and 8:00 p.m. or at any other time
18        expressly requested by the tenant is presumed
19        reasonable.
20    (d) The landlord shall maintain the premises in compliance
21with all applicable provisions of the relevant law and shall
22promptly make any and all repairs necessary to fulfill this
24    (e) Tenant remedies.
25        (1) For purposes of this subsection, material
26    noncompliance with subsection (d) includes, but is not



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1    limited to, the:
2            (A) failure to maintain the structural integrity
3        of the building or structure or parts thereof;
4            (B) failure to maintain floors in compliance with
5        the safe load-bearing requirements;
6            (C) failure to comply with the applicable
7        requirements for the number, width, construction,
8        location, or accessibility of exits;
9            (D) failure to maintain exit, stairway, fire
10        escape, or directional signs where required;
11            (E) failure to provide smoke alarms, smoke
12        detectors, sprinkler systems, standpipe systems, fire
13        alarm systems, automatic fire detectors, or fire
14        extinguishers where required;
15            (F) failure to maintain elevators as required by
16        law;
17            (G) failure to provide or maintain in good working
18        order a flush water closet, lavatory basin, bathtub or
19        shower, or kitchen sink;
20            (H) failure to maintain heating facilities or
21        gas-fired appliances as required by law;
22            (I) failure to provide heat or hot water in such
23        amounts and at such levels and times as required by
24        law;
25            (J) failure to provide hot and cold running water
26        as required by law;



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1            (K) failure to provide adequate hall or stairway
2        lighting as required by law;
3            (L) failure to maintain the foundation, exterior
4        walls, or exterior roof in sound condition and repair,
5        substantially watertight, and protected against
6        rodents;
7            (M) failure to maintain floors, interior walls, or
8        ceilings in sound condition and good repair;
9            (N) failure to maintain windows, exterior doors,
10        or basement hatchways in sound condition and repair
11        and substantially tight, and to provide locks or
12        security devices as required by law, including
13        deadlatch locks, deadbolt locks, sash or ventilation
14        locks, and front door windows or peepholes;
15            (O) failure to supply screens where required by
16        law;
17            (P) failure to maintain stairways or porches in
18        safe condition and sound repair;
19            (Q) failure to maintain the basement or cellar in
20        a safe and sanitary condition;
21            (R) failure to maintain facilities, equipment, or
22        chimneys in safe and sound working condition;
23            (S) failure to prevent the accumulation of
24        stagnant water;
25            (T) failure to exterminate insects, rodents, or
26        other pests;



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1            (U) failure to supply or maintain facilities for
2        refuse disposal;
3            (V) failure to prevent the accumulation of
4        garbage, trash, refuse, or debris as required by law;
5            (W) failure to provide adequate light or
6        ventilation as required by law;
7            (X) failure to maintain plumbing facilities,
8        piping, fixtures, appurtenances, and appliances in
9        good operating condition and repair;
10            (Y) failure to provide or maintain electrical
11        systems, circuits, receptacles, and devices as
12        required by law;
13            (Z) failure to maintain and repair any equipment
14        which the landlord supplies or is required to supply;
15        or
16            (AA) failure to maintain the dwelling unit and
17        common areas in a fit and habitable condition.
18        (2) If there is material noncompliance by the landlord
19    with a rental agreement or with subsection (d) either of
20    which renders the premises not reasonably fit and
21    habitable, the tenant, under the rental agreement, may
22    deliver a written notice to the landlord specifying the
23    acts or omissions constituting the material noncompliance
24    and specifying that the rental agreement will terminate on
25    a date not less than 14 days after receipt of the notice by
26    the landlord, unless the material noncompliance is



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1    remedied by the landlord within the period specified in
2    the notice. If the material noncompliance is not remedied
3    within the period specified in the notice, the rental
4    agreement shall terminate, and the tenant shall deliver
5    possession of the dwelling unit to the landlord within 30
6    days after the expiration of the period specified in the
7    notice. If possession is not delivered, then the tenant's
8    notice shall be deemed withdrawn and the lease shall
9    remain in full force and effect. If the rental agreement
10    is terminated, the landlord shall return all prepaid rent,
11    security deposits, and interest recoverable by the tenant
12    under subsection (f).
13        (3) If the landlord fails to deliver possession of the
14    dwelling unit to the tenant in compliance with the
15    residential rental agreement or subsection (d), rent for
16    the dwelling unit shall abate until possession is
17    delivered, and the tenant may:
18            (A) upon written notice to the landlord, terminate
19        the rental agreement, and upon termination the
20        landlord shall return all prepaid rent and security;
21        or
22            (B) demand performance of the rental agreement by
23        the landlord and, if the tenant elects, maintain an
24        action for possession of the dwelling unit against the
25        landlord or any person wrongfully in possession and
26        recover the damages sustained by the tenant. If a



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1        person's failure to deliver possession is willful, an
2        aggrieved person may recover from the person
3        withholding possession an amount not more than 2
4        months' rent or twice the actual damages sustained by
5        the tenant, whichever is greater.
6        (4) If there is material noncompliance by the landlord
7    with the rental agreement or with subsection (d), and the
8    reasonable cost of compliance does not exceed the greater
9    of $500 or one-half of the monthly rent, the tenant may
10    recover damages for the material noncompliance or may
11    notify the landlord in writing of the tenant's intention
12    to correct the condition at the landlord's expense;
13    however, this paragraph is not applicable if the
14    reasonable cost of compliance exceeds one month's rent. If
15    the landlord fails to correct the defect within 14 days
16    after being notified by the tenant in writing or as
17    promptly as conditions require in the case of an
18    emergency, the tenant may have the work done in a
19    workmanlike manner and in compliance with existing law and
20    building regulations and, after submitting to the landlord
21    a paid bill from an appropriate tradesperson or supplier,
22    deduct from the tenant's rent the amount thereof, not to
23    exceed the limits specified by this paragraph and not to
24    exceed the reasonable price then customarily charged for
25    the work. A tenant shall not repair at the landlord's
26    expense if the condition was caused by the deliberate or



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1    negligent act or omission of the tenant, a member of the
2    tenant's family, or other person on the premises with the
3    tenant's consent.
4            (A) Before correcting a condition affecting
5        facilities shared by more than one dwelling unit, the
6        tenant shall notify all other affected tenants and
7        shall cause the work to be done so as to create the
8        least practical inconvenience to the other tenants.
9        Nothing herein shall be deemed to grant any tenant any
10        right to repair any common element or dwelling unit in
11        a building subject to a condominium regime other than
12        in accordance with the declaration and bylaws of the
13        condominium building, so long as the declaration and
14        bylaws have not been created to avoid the application
15        of this Act.
16            (B) For purposes of mechanics' lien laws, repairs
17        performed or materials furnished under this paragraph
18        shall not be construed as having been performed or
19        furnished pursuant to the authority of or with
20        permission of the landlord.
21        (5) If there is material noncompliance by the landlord
22    with the rental agreement or with subsection (d), the
23    tenant may notify the landlord in writing of the tenant's
24    intention to withhold from the monthly rent an amount
25    which reasonably reflects the reduced value of the
26    premises due to the material noncompliance. If the



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1    landlord fails to correct the condition within 14 days
2    after being notified by the tenant in writing, the tenant
3    may, during the time the failure continues, deduct from
4    the rent the stated amount. A tenant shall not withhold
5    rent under this paragraph if the condition was caused by
6    the deliberate or negligent act or omission of the tenant,
7    a member of the tenant's family, or other person on the
8    premises with the tenant's consent.
9        (6) If there is material noncompliance by the landlord
10    with the rental agreement or with subsection (d), the
11    tenant may obtain injunctive relief or recover damages by
12    claim or defense. This paragraph does not preclude the
13    tenant from obtaining other relief to which the tenant may
14    be entitled under this Act.
15        (7) If there is material noncompliance by the landlord
16    with the rental agreement or with subsection (d), either
17    of which constitutes an immediate danger to the health and
18    safety of the tenant or, if, contrary to the rental
19    agreement or subsection (d), the landlord fails to supply
20    heat, running water, hot water, electricity, gas, or
21    plumbing, the tenant may give written notice to the
22    landlord specifying the material noncompliance or failure.
23    If the landlord has, pursuant to this paragraph or in the
24    rental agreement, informed the tenant of an address at
25    which a notice to the landlord is to be received, the
26    tenant shall mail or deliver the written notice required



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1    in this paragraph to that address. If the landlord has not
2    informed the tenant of an address at which a notice to the
3    landlord is to be received, the written notice required in
4    this paragraph shall be delivered by mail to the last
5    known address of the landlord or by other reasonable means
6    designed in good faith to provide written notice to the
7    landlord. After the notice is delivered, the tenant may,
8    during the period of the landlord's noncompliance or
9    failure:
10            (A) procure reasonable amounts of heat, running
11        water, hot water, electricity, gas, or plumbing
12        service, as the case may be and upon presentation to
13        the landlord of paid receipts deduct the cost from the
14        rent;
15            (B) recover damages based on the reduction in the
16        fair rental value of the dwelling unit;
17            (C) procure substitute housing, in which case the
18        tenant is excused from paying rent for the period of
19        the landlord's noncompliance. The tenant may recover
20        the cost of the reasonable value of the substitute
21        housing up to an amount equal to the monthly rent for
22        each month or portion thereof of noncompliance as
23        prorated;
24            (D) withhold from the monthly rent an amount that
25        reasonably reflects the reduced value of the premises
26        due to the material noncompliance or failure if the



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1        landlord fails to correct the condition within 24
2        hours after being notified by the tenant; however, no
3        rent shall be withheld if the failure is due to the
4        inability of the utility provider to provide service;
5        or
6            (E) terminate the rental agreement by written
7        notice to the landlord if the material noncompliance
8        or failure persists for more than 72 hours after the
9        tenant has notified the landlord of the material
10        noncompliance or failure; however, no termination
11        shall be allowed if the failure is due to the inability
12        of the utility provider to provide service. If the
13        rental agreement is terminated, the landlord shall
14        return all prepaid rent, security deposits, and
15        interest thereon in accordance with subsection (f),
16        and tenant shall deliver possession of the dwelling
17        unit to the landlord within 30 days after the
18        expiration of the 72-hour period specified in the
19        notice. If possession is not delivered, then the
20        tenant's notice shall be deemed withdrawn and the
21        lease shall remain in full force and effect.
22        If the tenant proceeds under this paragraph, the
23    tenant may not proceed under subsection (4) or (5). The
24    tenant may not exercise the tenant's rights under this
25    paragraph if the condition was caused by the deliberate or
26    negligent act or omission of the tenant, a member of the



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1    tenant's family, or other person on the premises with the
2    tenant's consent. Before correcting a condition, the
3    repair of which will affect more than the tenant's own
4    dwelling unit, the tenant shall notify all other tenants
5    affected and shall cause the work to be done so as to
6    result in the least practical inconvenience to other
7    tenants.
8        (8) If the dwelling unit or common area are damaged or
9    destroyed by fire or casualty to an extent that the
10    dwelling unit is in material noncompliance with the rental
11    agreement or with subsection (d), the tenant may:
12            (A) immediately vacate the premises and notify the
13        landlord in writing within 14 days thereafter of the
14        tenant's intention to terminate the rental agreement,
15        in which case the rental agreement terminates as of
16        the date of the fire or casualty;
17            (B) if continued occupancy is lawful, vacate any
18        part of the dwelling unit rendered unusable by the
19        fire or casualty, in which case the tenant's liability
20        for rent is reduced in proportion to the reduction in
21        the fair rental value of the dwelling unit; or
22            (C) if the tenant desires to continue the tenancy,
23        and if the landlord has promised or begun work to
24        repair the damage or destruction but fails to carry
25        out the work to restore the dwelling unit or common
26        area diligently and within a reasonable time, notify



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1        the landlord in writing within 14 days after the
2        tenant becomes aware that the work is not being
3        carried out diligently or within a reasonable time of
4        the tenant's intention to terminate the rental
5        agreement, in which case the rental agreement
6        terminates as of the date of the fire or casualty.
7        If the rental agreement is terminated under this
8    paragraph, the landlord shall return all security deposits
9    and prepaid rent in accordance with subsection (f).
10    Accounting for rent in the event of termination or
11    apportionment shall be made as of the date of the fire or
12    casualty. A tenant may not exercise remedies in this
13    paragraph if the fire or casualty damage was caused by the
14    deliberate or negligent act or omission of the tenant, a
15    member of the tenant's family, or a person on the premises
16    with the tenant's consent.
17    (f) Security deposits.
18        (1) A landlord shall hold all security deposits
19    received by the landlord in a federally insured
20    interest-bearing account in a bank, savings and loan
21    association, or other financial institution located in the
22    State. A security deposit and interest due thereon shall
23    continue to be the property of the tenant making the
24    deposit, shall not be commingled with the assets of the
25    landlord, and shall not be subject to the claims of any
26    creditor of the landlord or of the landlord's successors



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1    in interest, including a foreclosing mortgagee or trustee
2    in bankruptcy.
3        (2) Notwithstanding paragraph (1), a landlord may
4    accept the payment of the first month's rent and security
5    deposit in one check or one electronic funds transfer, and
6    deposit the check or electronic funds transfer into one
7    account, if within 5 business days of the acceptance of
8    the check or electronic transfer, the landlord transfers
9    the amount of the security deposit into a separate account
10    that complies with paragraph (1).
11        (3) The name and address of the financial institution
12    where the security deposit will be deposited shall be
13    clearly and conspicuously disclosed in the written rental
14    agreement signed by the tenant. If no written rental
15    agreement is provided, the landlord shall, within 14 days
16    of receipt of the security deposit, notify the tenant in
17    writing of the name and address of the financial
18    institution where the security deposit was deposited.
19        (4) If, during the pendency of the rental agreement, a
20    security deposit is transferred from one financial
21    institution to another, the landlord shall, within 14 days
22    of the transfer, notify the tenant in writing of the name
23    and address of the new financial institution.
24        (5) Notwithstanding paragraph (1) of subsection (a), a
25    landlord shall not be considered to be commingling the
26    security deposits with the landlord's assets if there is



10200HB5390ham001- 35 -LRB102 25999 LNS 36432 a

1    excess interest in the account in which the security
2    deposits are deposited. As used in this paragraph, "excess
3    interest" means the amount of money in excess of the total
4    amount of security deposits deposited into the account
5    plus any interest due thereon.
6        (6) Except as provided for in paragraph (7), any
7    landlord who receives a security deposit from a tenant or
8    prospective tenant shall give the tenant or prospective
9    tenant at the time of receiving the security deposit a
10    receipt indicating the amount of the security deposit, the
11    name of the person receiving it, and, in the case of the
12    agent, the name of the landlord for whom the security
13    deposit is received, the date on which it is received, and
14    a description of the dwelling unit. The receipt shall be
15    signed by the person receiving the security deposit.
16    Failure to comply with this paragraph shall entitle the
17    tenant to immediate return of the security deposit.
18        (7) Upon payment of the security deposit by means of
19    an electronic funds transfer, the landlord shall give the
20    tenant a receipt that complies with paragraph (6) or an
21    electronic receipt that acknowledges the receipt of the
22    security deposit. The electronic receipt shall set forth
23    the date of the receipt of the security deposit, the
24    amount of the deposit, a description of the dwelling unit,
25    and an electronic or digital signature of the person
26    receiving the deposit.



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1        (8) A landlord who holds a security deposit or prepaid
2    rent pursuant to this subsection for more than 6 months
3    shall pay interest to the tenant accruing from the
4    beginning date of the rental term specified in the rental
5    agreement. The landlord shall, within 30 days after the
6    end of each 12-month rental period, pay to the tenant any
7    interest, by cash or credit, to be applied to the rent due.
8        (9) The landlord shall, within 45 days after the date
9    that the tenant vacates the dwelling unit or within 7 days
10    after the date that the tenant provides notice of
11    termination of the rental agreement pursuant to paragraph
12    (5) of subsection (e), return to the tenant the security
13    deposit or any balance thereof and the required interest
14    thereon; however, the landlord, or successor landlord, may
15    deduct from the security deposit or interest due thereon
16    for:
17            (A) any unpaid rent which has not been validly
18        withheld or deducted pursuant to State or federal law
19        or local ordinance; and
20            (B) a reasonable amount necessary to repair any
21        damage caused to the premises by the tenant or any
22        person under the tenant's control or on the premises
23        with the tenant's consent, reasonable wear and tear
24        excluded. In case of such damage, the landlord shall
25        deliver or mail to the last known address of the tenant
26        within 30 days an itemized statement of the damages



10200HB5390ham001- 37 -LRB102 25999 LNS 36432 a

1        allegedly caused to the premises and the estimated or
2        actual cost for repairing or replacing each item on
3        that statement, attaching copies of the paid receipts
4        for the repair or replacement. If an estimated cost is
5        given, the landlord shall furnish the tenant with
6        copies of paid receipts or a certification of actual
7        costs of repairs of damage if the work was performed by
8        the landlord's employees within 30 days from the date
9        the statement showing estimated cost was furnished to
10        the tenant.
11        (10) If there is a sale, lease, transfer of ownership
12    or control, or other direct or indirect disposition of
13    residential real property by a landlord who has received a
14    security deposit or prepaid rent from a tenant, the
15    successor landlord of the property shall be liable to that
16    tenant for any security deposit, including statutory
17    interest, or prepaid rent which the tenant has paid to the
18    transferor.
19        (11) The successor landlord shall, within 14 days from
20    the date of the transfer, notify the tenant who made the
21    security deposit by delivering or mailing to the tenant's
22    last known address that the security deposit was
23    transferred to the successor landlord and that the
24    successor landlord is holding the security deposit. The
25    notice shall contain the successor landlord's name,
26    business address, and business telephone number of the



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1    successor landlord's agent, if any. The notice shall be in
2    writing.
3        (12) The transferor shall remain jointly and severally
4    liable with the successor landlord to the tenant for the
5    security deposit or prepaid rent, unless and until the
6    transferor transfers the security deposit or prepaid rent
7    to the successor landlord and provides notice, in writing,
8    to the tenant of the transfer of the security deposit or
9    prepaid rent, specifying the name, business address and
10    business telephone number of the successor landlord or the
11    successor landlord's agent within 10 days of the transfer.
12        (13) Subject to paragraphs (14) and (15), if the
13    landlord fails to comply with any provision of paragraphs
14    (1) through (12), the tenant shall be awarded damages in
15    an amount equal to 2 times the security deposit plus
16    interest. This paragraph does not preclude the tenant from
17    recovering other damages to which the tenant may be
18    entitled to under this Act.
19        (14) If a landlord pays the interest on a security
20    deposit or prepaid rent within the 30-day period provided
21    for in paragraph (8), or within the 45-day period provided
22    for in paragraph (9), whichever is applicable, but the
23    amount of interest is deficient, the landlord shall not be
24    liable for damages under paragraph (13) unless:
25            (A) the tenant gives written notice to the
26        landlord that the amount of the interest returned was



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1        deficient; and
2            (B) within 14 days of the receipt of the notice,
3        the landlord fails to either:
4                (i) pay to the tenant the correct amount of
5            interest due plus $50; or
6                (ii) provide to the tenant a written response
7            which sets forth an explanation of how the
8            interest paid was calculated.
9        (15) If the tenant disagrees with the calculation of
10    the interest, as set forth in the written response, the
11    tenant may bring a cause of action in a court of competent
12    jurisdiction challenging the correctness of the written
13    response. If the court determines that the interest
14    calculation was not accurate, the tenant shall be awarded
15    damages in an amount equal to 2 times the security deposit
16    plus interest.
17    (g) Tenants' notification of foreclosure action.
18        (1) Within 7 days of being served a foreclosure
19    complaint, as defined in Section 15-1504 of the Code of
20    Civil Procedure, an owner or landlord of premises that are
21    the subject of the foreclosure complaint shall disclose,
22    in writing, to all tenants of the premises that a
23    foreclosure action has been filed against the owner or
24    landlord. An owner or landlord shall also disclose, in
25    writing, the notice of foreclosure to any other third
26    party who has a consistent pattern and practice of paying



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1    rent to the owner or landlord on behalf of a tenant.
2        (2) Before a tenant initially enters into a rental
3    agreement for a dwelling unit, the owner or landlord shall
4    disclose, in writing, that the owner or landlord is named
5    in a foreclosure complaint. The written disclosure shall
6    include the court in which the foreclosure action is
7    pending, the case name, and case number and shall include
8    the following language: "This is not a notice to vacate
9    the premises. This notice does not mean ownership of the
10    building has changed. All tenants are still responsible
11    for the payment of rent and other obligations under the
12    rental agreement. The owner or landlord is still
13    responsible for the owner's or landlord's obligations
14    under the rental agreement. You shall receive additional
15    notice if there is a change in owner."
16        (3) If the owner or landlord fails to comply with this
17    subsection, the tenant may terminate the rental agreement
18    by written notice. The written notice shall specify the
19    date of termination no later than 30 days from the date of
20    the written notice. In addition, if a tenant in a civil
21    legal proceeding against an owner or landlord establishes
22    that a violation of this subsection has occurred, the
23    tenant shall be entitled to recover $200 in damages, in
24    addition to any other damages or remedies to which the
25    tenant may also be entitled.
26    (h) It is declared to be against public policy of the State



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1for a landlord to take retaliatory action against a tenant,
2except for violation of a rental agreement or violation of a
3law or ordinance. A landlord may not knowingly terminate a
4tenancy, increase rent, decrease services, bring or threaten
5to bring a lawsuit against a tenant for possession, or refuse
6to renew a lease or tenancy because the tenant has, in good
8        (1) complained of a violation applicable to the
9    premises to a competent governmental agency, elected
10    representative, or public official charged with the
11    responsibility for enforcement of a building, housing,
12    health, or similar requirement;
13        (2) complained of a building, housing, health, or
14    similar violation or an illegal landlord practice to a
15    community organization or the news media;
16        (3) sought the assistance of a community organization
17    or the news media to remedy a violation or illegal
18    landlord practice;
19        (4) requested the landlord to make repairs to the
20    premises as required by a building code, health ordinance,
21    other regulation, or the residential rental agreement;
22        (5) becomes a member of a tenant's union or similar
23    organization;
24        (6) testified in any court or administrative
25    proceeding concerning the condition of the premises; or
26        (7) exercised any right or remedy provided by law.



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1    If the landlord acts in violation of this subsection, the
2tenant has a defense in any retaliatory action against the
3landlord for possession and is entitled to recover possession
4or terminate the rental agreement and, in either case, recover
5an amount equal to and not more than 2 months' rent or twice
6the damages sustained by the tenant, whichever is greater, and
7reasonable attorney's fees. If the rental agreement is
8terminated, the landlord shall return all security deposits
9and interest recoverable under subsection (f) and all prepaid
10rent. In an action by or against the tenant, if there is
11evidence of tenant conduct protected herein within one year
12prior to the alleged act of retaliation, that evidence shall
13create a rebuttable presumption that the landlord's conduct
14was retaliatory. The presumption shall not arise if the
15protected tenant activity was initiated after the alleged act
16of retaliation.
17    Section 50. Prohibition of waiver. The provisions of this
18Act may not be waived, and any term of any rental agreement,
19contract, or other agreement that purports to waive or limit a
20tenant's substantive or procedural rights under this Act is
21contrary to public policy, void, and unenforceable.
22    Section 55. Cumulative rights, obligations, and remedies.
23The rights, obligations, and remedies set forth in this Act
24shall be cumulative and in addition to any others available at



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1law or in equity.
2    Section 60. The State Finance Act is amended by adding
3Section 5.970 as follows:
4    (30 ILCS 105/5.970 new)
5    Sec. 5.970. The Small Landlord Repairs and Improvement
7    Section 65. The Illinois Income Tax Act is amended by
8adding Section 232 as follows:
9    (35 ILCS 5/232 new)
10    Sec. 232. Rental property capital improvement credit.
11    (a) For taxable years beginning after this amendatory Act
12of the 102nd General Assembly, there shall be allowed a tax
13credit against the tax imposed by subsections (a) and (b) of
14Section 201 equal to 3% of the real property taxes paid by a
15qualified taxpayer for each dwelling that the qualified
16taxpayer owns and that contains at least one dwelling unit
17with the Residential Rental Registry. To be qualified to claim
18this credit, the taxpayer shall own no more than 12 dwelling
19units and not charge rent that exceeds the applicable median
20area rent.
21    (b) For taxable years beginning after this amendatory Act
22of the 102nd General Assembly, there shall be allowed a tax



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1credit against the tax imposed by subsections (a) and (b) of
2Section 201 in an amount equal to the amount of capital
3improvements to a dwelling that a taxpayer owns and that
4contains at least one dwelling unit registered with the
5Residential Rental Registry. The credit allowed under this
6subsection in no case may exceed 25% of the real property taxes
7paid by the taxpayer for the dwelling for which improvements
8are claimed.
9    (c) A taxpayer may apply for a tax credit under subsection
10(a) or (b), or both.
11    (d) To obtain a tax credit or tax credits pursuant to this
12Section, the taxpayer shall apply with the Department of
13Commerce and Economic Opportunity. The Department of Commerce
14and Economic Opportunity shall determine the amount of
15eligible amounts under subsection (a) or capital improvements
16under subsection (b). Upon approval of a tax credit, the
17Department of Commerce and Economic Opportunity shall issue a
18certificate in the amount of the eligible credits. The
19taxpayer shall attach the certificate to the tax return on
20which the credits are to be claimed. The Department of
21Commerce and Economic Opportunity may adopt rules to implement
22this Section.
23    (e) The tax credit under subsection (a) or (b), or both,
24may not reduce the taxpayer's liability to less than zero.
25    (f) As used in this Section:
26    "Capital improvements" are capital improvements allowed



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1under Section 263 of the Internal Revenue Code, as codified at
2Title 26 of the U.S. Code.
3    "Dwelling" has the meaning given to it in the Keep
4Illinois Home Act.
5    "Dwelling unit" has the meaning given to it in the Keep
6Illinois Home Act.
7    "Median area rent" has the meaning given to it in the Keep
8Illinois Home Act.
9    "Residential Rental Registry" has the meaning given to it
10in the Keep Illinois Home Act.
11    Section 70. The Code of Civil Procedure is amended by
12changing Sections 9-207, 9-209, 9-210, and 9-211 and by adding
13Section 9-205.5 as follows:
14    (735 ILCS 5/9-205.5 new)
15    Sec. 9-205.5. Refusal to renew. In all tenancies or leases
16for a term of one year or more, after the lease expires, where
17the lessee refuses to renew or extend the rental agreement
18within 14 days after receiving written notice requesting that
19the lessee renew the tenancy on substantially similar terms as
20existed under the prior lease, the lessee's tenancy shall
21terminate not fewer than 30 days after the 14-day decision
22period expires.
23    To provide the lessor the right to terminate the tenancy
24under this Section, the written notice shall include



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1substantially the following language: "You must notify your
2landlord of your decision to continue or renew your tenancy
3within 14 days of the date of this notice. If you do not
4continue or renew your lease, then your tenancy at the
5premises now occupied by you, being, etc. (here describe the
6premises), shall terminate 30 days after this date (dated at
7least 14 days after the date of the notice). If you choose not
8to renew or continue your lease, nothing in this notice shall
9affect your obligation to pay rent through (here insert date
10on which the tenancy shall be terminated if the lessee does not
11elect to renew or continue the lease)."
12    (735 ILCS 5/9-207)  (from Ch. 110, par. 9-207)
13    Sec. 9-207. Termination of a tenancy for other good cause.
14Notice to terminate tenancy for less than a year.
15    (a) The lessor may seek, in good faith, to recover
16possession of the premises so that the lessor or the lessor's
17spouse, domestic partner, child, parent, grandparent, sibling,
18or grandchild may occupy the premises as that person's
19principal residence for a period of no fewer than 24
20continuous months. The lessor or qualified relative shall move
21into the premises within 3 months after the original lessee
22vacates the unit. The lessor shall provide the lessee with
23written notice of no fewer than 120 days before the lessor
24intends to occupy the premises before the lessor may terminate
25the lease. The notice shall be dated and shall identify the



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1date, at least 120 days after the notice is served, on which
2the lessee's tenancy is terminated. The notice shall state
3that the lessee is entitled to relocation assistance in the
4amount of $3,000 or 3 months' rent, whichever is greater,
5payable within 14 days before the termination of the lessee's
7        (1) If the lessor recovers possession under this
8    subsection, and continuous occupancy by the lessor or the
9    lessor's qualified relative is for fewer than 24 months,
10    the lessor shall be presumed to be in violation of this
11    subsection and liable to the original lessee for twice the
12    relocation assistance due to the tenant prior to the
13    tenant's move from the premises.
14        (2) If the lessor recovers possession under this
15    subsection, but the lessor or the lessor's qualified
16    relative fails to occupy the premises within 3 months of
17    the expiration of the notice period, the lessor shall be
18    presumed to be in violation of this subsection and liable
19    to the original lessee for twice the relocation assistance
20    due to the tenant prior to the tenant's move from the
21    premises.
22        (3) The lessor may not recover possession of the
23    premises under this subsection if the lessee notified the
24    lessor, prior to the lessor's recovery of the premises,
25    that the lessee:
26            (A) has a disability, as that term is defined



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1        under the Americans with Disabilities Act (Section
2        12102(1) of Title 42 of the U.S. Code); or
3            (B) is suffering from a life-threatening illness
4        as certified by the lessee's treating physician.
5        (4) If a substantially equivalent replacement dwelling
6    unit is vacant and available, that unit may be made
7    available to the original lessee at a substantially
8    similar rental rate as the lessee's current lease. The
9    lessee may reject this substitute unit without prejudice
10    to the lessee's rights to notice and relocation assistance
11    under this subsection. Except as provided in Section
12    9-207.5 of this Code, in all cases of tenancy from week to
13    week, where the tenant holds over without special
14    agreement, the landlord may terminate the tenancy by 7
15    days' notice, in writing, and may maintain an action for
16    eviction or ejectment.
17    (b) If the lessor, in good faith, seeks to recover
18possession of the premises:
19        (1) in order to comply with a court's or government
20    agency's order to vacate, order to comply, order to abate,
21    or any other order that necessitates the vacating of the
22    dwelling unit as a result of a violation of the housing or
23    building code or other provision of law. The landlord
24    shall promptly provide the tenant with a notice of vacate
25    within the time mandated by the court or government
26    agency, and include a copy of the order; or



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1        (2) if the lessor offers the lessee a substantially
2    equivalent replacement unit that is vacant and available
3    and offered at a substantially similar rental rate as the
4    original premises, the lessee may reject the lessor's
5    offer of the replacement unit without prejudicing the
6    lessee's right to relocation assistance. The notice shall
7    state that the lessee is entitled to relocation assistance
8    in the amount of $3,000 or 3 months' rent, whichever is
9    greater, payable within 14 days before the termination of
10    the lessee's tenancy. If the lessee prevails on a claim
11    that the lessor did not act in good faith in seeking to
12    recover possession under this subsection, the lessor shall
13    be liable for twice the relocation assistance that would
14    be due to the lessee had the lessor acted in compliance
15    with the requirements of this subsection, together with
16    the lessee's reasonable attorney's fees and costs. Except
17    as provided in Section 9-207.5 of this Code, in all cases
18    of tenancy for any term less than one year, other than
19    tenancy from week to week, where the tenant holds over
20    without special agreement, the landlord may terminate the
21    tenancy by 30 days' notice, in writing, and may maintain
22    an action for eviction or ejectment.
23    (c) If the lessor, in good faith, intends to recover
24possession of the premises to demolish or permanently remove
25the premises from residential use, the lessor shall provide
26the lessee with no less than 90 days written notice of the



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1intent before the lessor may terminate the lease. The notice
2shall be dated and shall identify the date, at least 120 days
3after the notice is served, on which the lessee's tenancy is
4terminated. The notice shall state that the lessee is entitled
5to relocation assistance in the amount of $3,000 or 3 months'
6rent, whichever is greater, payable within 14 days before the
7termination of the lessee's tenancy. If the lessee prevails on
8a claim that the lessor did not act in good faith in seeking to
9recover possession under this subsection, the lessor shall be
10liable for twice the relocation assistance that would be due
11to the lessee had the lessor acted in compliance with the
12requirements of this subsection, together with the lessee's
13reasonable attorney's fees and costs.
14    (d) If relocation assistance due under this Section is not
15paid within 14 days prior to the date set for termination of
16the lessee's tenancy, the lessor shall pay to the lessee twice
17the amount of relocation assistance originally due to the
18lessee. If the lessee prevails on a claim that the lessor
19failed to pay relocation assistance required by this Section,
20the lessee shall be entitled to recover the lessee's
21reasonable attorney's fees and costs. Failure to pay the
22relocation assistance is an affirmative defense and
23counterclaim to any action initiated under this Act.
24    (e) A landlord of a building of 12 units or fewer who pays
25a relocation assistance fee pursuant to subsection (a),(b), or
26(c) may apply to the Illinois Housing Development Authority



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1for reimbursement of up to one-half of the amount paid to the
2tenant upon proper documentation of payment as determined by
3the Illinois Housing Development Authority. To be eligible to
4receive reimbursement, the owner shall not charge rent that
5exceeds the applicable median area rent.
6(Source: P.A. 100-173, eff. 1-1-18.)
7    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)
8    Sec. 9-209. Demand for rent - eviction action. A landlord
9or his or her agent may, any time after rent is due, demand
10payment thereof and notify the tenant, in writing, that unless
11payment is made within a time mentioned in such notice, not
12less than 5 days after service thereof, the lease will be
13terminated. If the tenant does not pay the rent due within the
14time stated in the notice under this Section, the landlord may
15consider the lease ended and commence an eviction or ejectment
16action without further notice or demand. A claim for rent may
17be joined in the complaint, including a request for the pro
18rata amount of rent due for any period that a judgment is
19stayed, and a judgment obtained for the amount of rent found
20due, in any action or proceeding brought, in an eviction
21action under this Section.
22    Notice made pursuant to this Section shall, as hereinafter
23stated, not be invalidated by payments of past due rent
24demanded in the notice, when the payments do not, at the end of
25the notice period, total the amount demanded in the notice.



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1The landlord may, however, agree in writing to continue the
2lease in exchange for receiving partial payment. To prevent
3invalidation, the notice must prominently state:
4    "Only FULL PAYMENT of the rent demanded in this notice
5will waive the landlord's right to terminate the lease under
6this notice, unless the landlord agrees in writing to continue
7the lease in exchange for receiving partial payment."
8    Tender Collection by the landlord of past rent due after
9the filing of a suit for eviction or ejectment pursuant to
10failure of the tenant to pay the rent demanded in the notice
11shall not invalidate the suit, if the rent then due is tendered
12prior to trial being held in the suit for eviction or
14(Source: P.A. 100-173, eff. 1-1-18.)
15    (735 ILCS 5/9-210)  (from Ch. 110, par. 9-210)
16    Sec. 9-210. Notice to quit. When default is made in any of
17the material terms of a lease that results in a significant
18disturbance of the peaceful enjoyment of the property;
19significant damage to the property caused willfully or
20negligently, use of any part of the property for criminal
21activity that significantly threatens health, safety, or
22peaceful enjoyment of the property, or has a significant
23adverse effect on the management of the property, or wrongful
24denial of access to the premises on 3 or more occasions in a
2512-month period to a person duly authorized by the lessor to



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1enter the premises, if the legal requirements for the entries
2were observed, it is not necessary to give more than 10 days'
3notice to quit, or of the termination of such tenancy, and the
4same may be terminated on giving such notice to quit at any
5time after such default in any of the material terms of such
6lease, if the notice instructs how the alleged default may be
7cured before the end of the notice period and allows the lessee
8to meet to discuss the alleged default with the lessor or the
9lessor's agent that affords the lessee with a meaningful
10opportunity to remedy the alleged default. Such notice may be
11substantially in the following form:
12    "To A.B.: You are hereby notified that in consequence of
13your default in (here insert the character of the default) of
14the premises now occupied by you, being, etc., (here describe
15the premises) I have elected to terminate your lease, and you
16are hereby notified to quit and deliver up possession of the
17same to me within 10 days of this date (dated, etc.). You may
18request to meet with (here identify the lessor's agent) within
1910 days of (dated, etc.) to discuss this notice and how an
20eviction action can be avoided. IF YOU DO NOT VACATE OR CURE
21THIS DEFAULT WITHIN 10 DAYS BY (here explain how the alleged
22default may be cured within the notice period), THEN AN
24    The notice is to be signed by the lessor or his or her
25agent, and no other notice or demand of possession or
26termination of such tenancy is necessary, if the lessee has



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1not timely cured the alleged default.
2(Source: P.A. 82-280.)
3    (735 ILCS 5/9-211)  (from Ch. 110, par. 9-211)
4    Sec. 9-211. Service of demand or notice. Any demand may be
5made or notice served by delivering a written or printed, or
6partly written and printed, copy thereof to the tenant, or by
7leaving the same with some person of the age of 13 years or
8upwards, residing on or in possession of the premises; or by
9sending a copy of the notice to the tenant by certified or
10registered mail, with a returned receipt from the addressee;
11and in case no one is in the actual possession of the premises,
12then by posting the same on the premises.
13    Any demand or notice served shall be accessible to the
14tenant, including by being presented in the language the
15lessor knows or should know is the lessee's primary language,
16containing an explicit statement of the basis for the notice
17or demand with sufficient specificity to allow the lessee to
18prepare a defense, and bearing the following statement: "You
19may wish to contact a lawyer or local legal aid or housing
20counseling agency to discuss any rights that you may have."
21(Source: P.A. 83-355.)
22    Section 75. The Condominium Property Act is amended by
23changing Section 30 as follows:



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1    (765 ILCS 605/30)  (from Ch. 30, par. 330)
2    Sec. 30. Conversion condominiums; notice; recording.
3    (a)(1) No real estate may be submitted to the provisions
4of the Act as a conversion condominium unless (i) a notice of
5intent to submit the real estate to this Act (notice of intent)
6has been given to all persons who were tenants of the building
7located on the real estate on the date the notice is given.
8Such notice shall be given at least 30 days, and not more than
9one year prior to the recording of the declaration which
10submits the real estate to this Act; and (ii) the developer
11executes and acknowledges a certificate which shall be
12attached to and made a part of the declaration and which
13provides that the developer, prior to the execution by him or
14his agent of any agreement for the sale of a unit, has given a
15copy of the notice of intent to all persons who were tenants of
16the building located on the real estate on the date the notice
17of intent was given.
18        (2) If the owner fails to provide a tenant with notice
19    of the intent to convert as defined in this Section, the
20    tenant permanently vacates the premises as a direct result
21    of non-renewal of his or her lease by the owner, and the
22    tenant's unit is converted to a condominium by the filing
23    of a declaration submitting a property to this Act without
24    having provided the required notice, then the owner is
25    liable to the tenant for the following:
26            (A) the tenant's actual moving expenses incurred



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1        when moving from the subject property, not to exceed
2        $1,500;
3            (B) 3 months' rent at the subject property; and
4            (C) reasonable attorney's fees and court costs.
5    (b) Any developer of a conversion condominium must, upon
6issuing the notice of intent, publish and deliver along with
7such notice of intent, a schedule of selling prices for all
8units subject to the condominium instruments and offer to sell
9such unit to the current tenants, except for units to be
10vacated for rehabilitation subsequent to such notice of
11intent. Such offer shall not expire earlier than 30 days after
12receipt of the offer by the current tenant, unless the tenant
13notifies the developer in writing of his election not to
14purchase the condominium unit.
15    (c) Any tenant who was a tenant as of the date of the
16notice of intent and whose tenancy expires (other than for
17cause) prior to the expiration of 120 days from the date on
18which a copy of the notice of intent was given to the tenant
19shall have the right to extend his tenancy on the same terms
20and conditions and for the same rental until the expiration of
21such 120-day period by the giving of written notice thereof to
22the developer within 30 days of the date upon which a copy of
23the notice of intent was given to the tenant by the developer.
24    (d) Each lessee in a conversion condominium shall be
25informed in writing by the developer at the time the notice of
26intent is given whether the lessee's his tenancy will be



10200HB5390ham001- 57 -LRB102 25999 LNS 36432 a

1renewed or terminated upon its expiration. If the tenancy is
2to be renewed, the tenant shall be informed of all charges,
3rental or otherwise, in connection with the new tenancy and
4the length of the term of occupancy proposed in conjunction
5therewith. If the tenancy is to be terminated upon expiration
6of the notice period, the tenant shall be entitled to
7relocation assistance in the amount of 3 times the rent
8charged for the unit or $3,000, whichever is greater, payable
9to the tenant within 14 days prior to the expiration of the
10notice period. If the tenancy is to be terminated, the notice
11of intent shall inform the tenant that relocation assistance
12shall be paid within 14 days prior to the expiration of the
13notice period. If the relocation assistance is not paid within
1414 days prior to the expiration of the notice period, then the
15lessor shall pay to the lessee twice the relocation assistance
16due to the lessee. If the lessee prevails on a claim that the
17lessor failed to pay relocation assistance required by this
18Section, the lessee shall be entitled to recover the lessee's
19reasonable attorney's fees and costs. Failure to pay the
20relocation assistance is an affirmative defense and
21counterclaim to any action brought under Article IX of the
22Code of Civil Procedure.
23    (e) For a period of 120 days following his receipt of the
24notice of intent, any tenant who was a tenant on the date the
25notice of intent was given shall be given the right to purchase
26his unit on substantially the same terms and conditions as set



10200HB5390ham001- 58 -LRB102 25999 LNS 36432 a

1forth in a duly executed contract to purchase the unit, which
2contract shall conspicuously disclose the existence of, and
3shall be subject to, the right of first refusal. The tenant may
4exercise the right of first refusal by giving notice thereof
5to the developer prior to the expiration of 30 days from the
6giving of notice by the developer to the tenant of the
7execution of the contract to purchase the unit. The tenant may
8exercise such right of first refusal within 30 days from the
9giving of notice by the developer of the execution of a
10contract to purchase the unit, notwithstanding the expiration
11of the 120-day period following the tenant's receipt of the
12notice of intent, if such contract was executed prior to the
13expiration of the 120-day period. The recording of the deed
14conveying the unit to the purchaser which contains a statement
15to the effect that the tenant of the unit either waived or
16failed to exercise the right of first refusal or option or had
17no right of first refusal or option with respect to the unit
18shall extinguish any legal or equitable right or interest to
19the possession or acquisition of the unit which the tenant may
20have or claim with respect to the unit arising out of the right
21of first refusal or option provided for in this Section. The
22foregoing provision shall not affect any claim which the
23tenant may have against the landlord for damages arising out
24of the right of first refusal provided for in this Section.
25    (f) During the 30-day period after the giving of notice of
26an executed contract in which the tenant may exercise the



10200HB5390ham001- 59 -LRB102 25999 LNS 36432 a

1right of first refusal, the developer shall grant to such
2tenant access to any portion of the building to inspect any of
3its features or systems and access to any reports, warranties,
4or other documents in the possession of the developer which
5reasonably pertain to the condition of the building. Such
6access shall be subject to reasonable limitations, including
7as to hours. The refusal of the developer to grant such access
8is a business offense punishable by a fine of $500. Each
9refusal to an individual lessee who is a potential purchaser
10is a separate violation.
11    (g) Any notice provided for in this Section shall be
12deemed given when a written notice is delivered in person or
13mailed, certified or registered mail, return receipt requested
14to the party who is being given the notice.
15    (h) Prior to their initial sale, units offered for sale in
16a conversion condominium and occupied by a tenant at the time
17of the offer shall be shown to prospective purchasers only a
18reasonable number of times and at appropriate hours. Units may
19only be shown to prospective purchasers during the last 90
20days of any expiring tenancy.
21    (i) Any provision in any lease or other rental agreement,
22or any termination of occupancy on account of condominium
23conversion, not authorized herein, or contrary to or waiving
24the foregoing provisions, shall be deemed to be void as
25against public policy.
26    (j) A tenant is entitled to injunctive relief to enforce



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1the provisions of subsections (a) and (c) of this Section.
2    (k) A non-profit housing organization, suing on behalf of
3an aggrieved tenant under this Section, may also recover
4compensation for reasonable attorney's fees and court costs
5necessary for filing such action.
6    (l) Nothing in this Section shall affect any provision in
7any lease or rental agreement in effect before this Act
8becomes law.
9    (m) Nothing in this amendatory Act of 1978 shall be
10construed to imply that there was previously a requirement to
11record the notice provided for in this Section.
12(Source: P.A. 101-81, eff. 7-12-19.)
13    (50 ILCS 825/Act rep.)
14    Section 80. The Rent Control Preemption Act is repealed.
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".