Illinois General Assembly - Bill Status for HB4758
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 Bill Status of HB4758  94th General Assembly


Short Description:  RESIDENTIAL TENANT PROTECTIONS

House Sponsors
Rep. William Davis - Paul D. Froehlich - Karen A. Yarbrough - Deborah L. Graham, Kenneth Dunkin and Marlow H. Colvin

Last Action
DateChamber Action
  3/3/2006HouseThird Reading - Short Debate - Lost 024-080-010

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Residential Tenant Protection Act. Makes findings, states purposes, and provides definitions of terms. Prohibits residential lock-outs. Describes actions that do not constitute a residential lock-out. Makes a violation a petty offense punishable by a fine of not more than $500 nor less than $200. Also authorizes injunctive relief and damages. Effective immediately.

House Committee Amendment No. 1
Amends the Residential Tenant Protection Act. Provides that actions of a landlord directed to a tenant or a tenant's personal property taken pursuant to a court order under the Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Civil No Contact Order Act, or any other law do not constitute a residential lock-out.

 Judicial Note (H-AM 1) (Admin. Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Fiscal Note (H-AM 1) (Admin. Office of the Illinois Courts)
 Would not have a fiscal impact on the judicial branch.

 Housing Affordability Impact Note (H-AM 1)(Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

House Floor Amendment No. 3
Deletes everything after the enacting clause. Creates the Residential Tenant Protection Act. Makes findings, states purposes, and provides definitions. Defines a "residential lock-out" as the dispossession of a residential tenant by a landlord without lawful authority to do so. Provides that an action for possession taken pursuant to the Forcible Entry and Detainer provisions of the Code of Civil Procedure is not a "residential lock-out". Describes what actions do not constitute a "residential lock-out". Provides that a residential tenant who is locked out by a landlord in violation of this Act may bring an action for injunctive relief, damages, and attorney's fees. Effective immediately.

 Home Rule Note (H-AM 1)(Dept of Commerce and Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, HB 4758 (H-AM 3) does not does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 1)(Dept of Commerce and Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, HB 4758 (H-AM 1) creates a due process mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act.

 State Mandates Fiscal Note (H-AM 3)(Dept of Commerce and Economic Opportunity)
 Does not create a state mandate under the State Mandates Act.

 Home Rule Note (H-AM 3)(Dept of Commerce and Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, HB 4758 (H-AM 3) does not does not pre-empt home rule authority.

 Fiscal Note (H-AM 3)(Admin Office of the Illinois Courts)
 Would not have a fiscal impact on the State appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

 Judicial Note (H-AM 3)(Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Housing Affordability Impact Note (H-AM 3) (Housing Development Authority)
 No fiscal effect on a single-family residence.

House Floor Amendment No. 4
Further amends the Residential Tenant Protection Act. Provides a new definition of "abandonment" which means that the tenants no longer occupy the dwelling unit and (i) the tenants have given actual notice of their intention to not return to the unit, (ii) the tenants have been absent for 21 days, removed all possessions, and not paid the rent, or (iii) the tenants have been absent for 32 days and have not paid the rent for that period (at present, abandonment means that all tenants have been absent from the dwelling unit for the longer of 21 days or a rental period, removed their property, and not paid the rent).

Actions 
DateChamber Action
  1/17/2006HouseFiled with the Clerk by Rep. William Davis
  1/18/2006HouseFirst Reading
  1/18/2006HouseReferred to Rules Committee
  1/24/2006HouseAssigned to Housing and Urban Development Committee
  1/26/2006HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  2/7/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Housing and Urban Development Committee
  2/7/2006HouseHouse Committee Amendment No. 1 Adopted in Housing and Urban Development Committee; by Voice Vote
  2/7/2006HouseDo Pass as Amended / Short Debate Housing and Urban Development Committee; 016-000-000
  2/7/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/8/2006HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. William Davis
  2/8/2006HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/14/2006HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  2/15/2006HouseFiscal Note Requested by Rep. Mike Bost; As Amended
  2/15/2006HouseState Mandates Fiscal Note Requested by Rep. Mike Bost; As Amended
  2/15/2006HouseHome Rule Note Requested by Rep. Mike Bost; As Amended
  2/15/2006HouseHousing Affordability Impact Note Requested by Rep. Mike Bost; As Amended
  2/15/2006HouseJudicial Note Requested by Rep. Mike Bost; As Amended
  2/15/2006HouseLand Conveyance Appraisal Note Requested by Rep. Mike Bost; As Amended
  2/16/2006HouseJudicial Note Filed As Amended by HA 1
  2/16/2006HouseFiscal Note Filed As Amended by HA 1
  2/21/2006HouseHousing Affordability Impact Note Filed As Amended by HA 1
  2/21/2006HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. William Davis
  2/21/2006HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  2/22/2006HouseHome Rule Note Filed As Amended by HA 1
  2/22/2006HouseState Mandates Fiscal Note Filed As Amended by HA 1
  2/22/2006HouseState Mandates Fiscal Note Filed As Amended by HA 3
  2/22/2006HouseHome Rule Note Filed As Amended by HA 3
  2/22/2006HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  2/22/2006HouseFiscal Note Filed As Amended by HA 3
  2/22/2006HouseJudicial Note Filed As Amended by HA 3
  2/22/2006HouseSecond Reading - Short Debate
  2/22/2006HouseHouse Floor Amendment No. 2 Withdrawn by Rep. William Davis
  2/22/2006HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  2/22/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  2/23/2006HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  2/24/2006HouseHousing Affordability Impact Note Filed As Amended by HA 3
  2/28/2006HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. William Davis
  2/28/2006HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/1/2006HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
  3/1/2006HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  3/1/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/1/2006HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  3/1/2006HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  3/2/2006HouseLand Conveyance Appraisal Note Requested - Withdrawn by Rep. Mike Bost; As Amended
  3/3/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2006HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  3/3/2006HouseThird Reading - Short Debate - Lost 024-080-010

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