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Housing and Urban Development Committee
Filed: 2/14/2006
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09400HB4715ham001 |
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| AMENDMENT TO HOUSE BILL 4715
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| AMENDMENT NO. ______. Amend House Bill 4715 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Safe |
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| Homes Act. |
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| Section 5. Findings. The General Assembly finds and |
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| declares the following: |
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| (1) Domestic and sexual violence affect many persons |
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| without regard to age, race, education, socioeconomic |
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| status, religion, or occupation. |
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| (2) Domestic and sexual violence have a devastating |
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| effect on individuals, families, and communities. |
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| (3) Domestic violence crimes account for approximately |
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| 15% of total crime costs in the United States each year. |
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| (4) Violence against women has been reported to be the |
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| leading cause of physical injury to women. This violence |
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| has a devastating impact on women's physical and emotional |
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| health. |
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| (5) According to recent government surveys, from 1993 |
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| through 1998 the average annual number of violent |
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| victimizations committed by intimate partners of the |
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| victim was 1,082,110 and 87% of those were committed |
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| against women. |
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| (6) Female murder victims were substantially more |
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| likely than male murder victims to have been killed by an |
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| intimate partner. About one-third of female murder |
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| victims, and about 4% of male murder victims, were killed |
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| by an intimate partner. |
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| (7) According to the Department of Justice, women |
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| living in rental housing experience intimate partner |
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| violence at 3 times the rate of women who own their homes. |
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| (8) According to recent government estimates, |
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| approximately 987,400 rapes occur annually in the United |
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| States and 89% of the rapes are perpetrated against female |
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| victims. |
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| (9) One out of every 7 adult women, or more than |
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| 670,000 in Illinois, has been the victim of a forcible rape |
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| sometime in her lifetime. |
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| (10) In a survey of 600 women and men ages 16-24, 60% |
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| of the respondents stated that they know a woman who has |
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| been sexually assaulted. |
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| (11) Eighty percent of women who are raped are raped by |
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| acquaintances. |
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| (12) Approximately 10,200,000 people have been stalked |
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| at some time in their lives. Four out of every 5 stalking |
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| victims are women. Stalkers harass and terrorize their |
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| victims by spying on the victims, standing outside their |
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| homes or work places, making unwanted phone calls, sending |
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| or leaving unwanted letters or items, or vandalizing |
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| property. |
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| (13) Too often, victims of domestic and sexual violence |
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| suffer not only physical and emotional abuse, but also the |
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| devastation of being displaced from their homes because of |
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| violence. |
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| (14) The loss of a victim's home can, in turn, result |
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| in the loss of employment, public benefits, and even the |
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| custody of children. |
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| (15) The problem is compounded by the fact that victims |
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| of domestic and sexual violence are discriminated against |
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| when attempting to access safe housing, make their current |
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| housing more safe, or flee existing housing. Additionally, |
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| victims of domestic and sexual violence are often evicted |
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| because of the abuse that they have suffered. |
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| (16) There is a strong link between domestic violence |
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| and homelessness. Among cities surveyed, 44% identified |
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| domestic violence as a primary cause of homelessness. |
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| (17) Ninety-two percent of homeless women have |
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| experienced severe physical or sexual abuse at some point |
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| in their lives. Of all homeless women and children, 60% had |
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| been abused by age 12, and 63% have been victims of |
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| intimate partner violence as adults. |
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| (18) Women who leave their abusers frequently lack |
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| adequate emergency shelter options and this makes their |
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| decisions concerning leaving their dwelling places more |
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| difficult. |
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| (19) Victims of domestic violence often return to |
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| abusive partners because they cannot find long-term |
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| housing. |
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| (20) Because abusers frequently manipulate their |
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| victims' finances in an effort to control their partners, |
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| victims often lack a steady income, a credit history, |
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| landlord references, and a current address, all of which |
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| are necessary to obtain long-term permanent housing. |
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| (21) Abusers also frequently manipulate the systems in |
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| place meant to protect victims, by accusing the victim of |
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| initiating the violence, calling the police, or attempting |
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| to obtain an order for protection. Victims who attempt to |
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| defend themselves or others from an abuser's violence are |
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| particularly vulnerable to this practice. |
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| (22) Victims of domestic and sexual violence in rural |
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| areas face additional barriers, challenges, and unique |
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| circumstances, such as geographic isolation, poverty, lack |
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| of public transportation systems, shortage of health care |
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| providers, and decreased access to safe housing resources. |
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| (23) The U.S. Congress has recognized the severity of |
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| this problem. In its Conference report accompanying the FY |
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| 2002 HUD appropriations bill, Congress urged HUD to |
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| "develop plans to protect victims of domestic violence from |
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| being discriminated against in receiving or maintaining |
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| public housing because of their victimization." H.R. REP. |
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| No. 107-272, at 120 (2001).
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| Section 10. Purposes. The purposes of this Act are: |
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| (1) To promote the State's interest in reducing |
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| domestic violence, dating violence, sexual assault, and |
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| stalking by enabling victims of domestic or sexual violence |
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| and their families to access or maintain safe housing or |
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| flee existing dangerous housing in order to leave violent |
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| or abusive situations, achieve safety, and minimize the |
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| physical and emotional injuries from domestic or sexual |
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| violence, and to reduce the devastating economic |
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| consequences to the State and victims. |
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| (2) To address the failure of existing laws to protect |
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| the housing rights of victims of domestic or sexual |
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| violence, as well as family or household members affected |
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| by the violence. |
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| (3)
To accomplish the purposes described in paragraphs |
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| (1) and (2) by providing victims of domestic or sexual |
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| violence and their families with options to access or |
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| maintain safe housing or to flee dangerous housing.
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| Section 15. Definitions. For the purposes of this Act: |
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| "Domestic violence" means abuse as defined in Section 103 |
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| of the Illinois Domestic Violence Act of 1986. |
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| "Landlord" and "tenant" have the definitions stated in |
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| Section 1.1 of the Rental Property Utility Service Act, except |
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| for those tenants residing in public housing. |
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| "Perpetrator" means an individual who commits or is alleged |
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| to have committed or threatened any act of domestic or sexual |
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| violence. |
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| "Protected applicant" means a person who makes application |
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| to the landlord of a building or mobile home to become an |
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| occupant in the building or mobile home, whether under a lease |
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| or periodic tenancy, who has been subjected to any act or |
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| threat of domestic or sexual violence. A perpetrator is not |
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| considered a protected applicant. |
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| "Protected household member" means any member of a |
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| household who has been subjected to any act or threat of |
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| domestic or sexual violence, including but not limited to: any |
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| minor child, any dependant adult, and any other person residing |
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| with a victim of domestic or sexual violence. A perpetrator is |
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| not considered a protected household member. This definition |
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| does not apply to public housing. |
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| "Protected tenant" means an occupant of a building or |
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| mobile home, whether under a lease or periodic tenancy, who has |
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| been subjected to any act or threat of domestic or sexual |
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| violence, including but not limited to a tenant residing with a |
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| victim of domestic or sexual violence. A perpetrator is not |
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| considered a protected tenant. This definition does not apply |
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| to public housing. |
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| "Sexual violence" means any act or threat of sexual |
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| assault, abuse, or stalking of an adult or minor child |
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| including, but not limited to, non-consensual sexual conduct or |
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| non-consensual sexual penetration as defined in the Civil No |
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| Contact Order Act and the offenses of stalking, aggravated |
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| stalking, cyberstalking, criminal sexual assault, predatory |
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| criminal sexual assault of a child, criminal sexual abuse, and |
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| aggravated criminal sexual abuse as these offenses are |
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| described in the Criminal Code of 1961, including sexual |
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| violence committed by perpetrators who are strangers to the |
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| victim and sexual violence committed by perpetrators who are |
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| known or related by blood, marriage, or law to the victim. |
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| "Victim" means an individual who has been subjected to any |
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| act or threat of domestic or sexual violence. A perpetrator is |
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| not considered a victim.
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| Section 18. Definitions concerning public housing only. |
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| For the purposes of this Act when referencing public housing: |
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| "Public housing" means low-income housing, and all |
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| necessary appurtenances thereto, assisted under the United |
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| States Housing Act of 1937, 42 U.S.C. 1437a and includes |
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| dwelling units in mixed finance projects that are assisted by a |
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| public housing agency with capital or operating assistance. |
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| "Protected public housing tenant" means an authorized |
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| person whose name is included on the lease for the public |
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| housing unit. |
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| "Unauthorized occupant" means an individual who is not |
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| authorized to reside in public housing or who is not on the |
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| lease for the public housing unit as those terms and conditions |
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| are set forth by the United States Housing Act of 1937, 42 |
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| U.S.C. 1437a, federal regulations governing the program, and |
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| the public housing authority's general admissions and |
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| occupancy policies. |
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| Section 20. Victim protection; nondiscrimination. A |
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| landlord shall not terminate a tenancy, fail to renew a |
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| tenancy, refuse to enter into a rental agreement, retaliate, or |
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| otherwise interfere in the rental of a dwelling based on: (i) |
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| the status as a victim of domestic violence or sexual violence |
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| of a protected tenant, protected public housing tenant, |
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| protected applicant, or protected household member; or (ii) the |
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| termination of a rental agreement under Section 30 by a |
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| protected tenant, protected public housing tenant, protected |
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| tenant, or protected applicant. Evidence provided to the |
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| landlord of domestic violence or sexual violence may include |
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| any one of the following: |
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| (1) a statement of the protected tenant, protected |
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| public housing tenant, protected applicant, or protected |
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| household member; |
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| (2) a statement from a person other than the protected |
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| tenant, protected public housing tenant, protected |
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| applicant, or protected household member who has knowledge |
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| of the resident's history as a victim of domestic or sexual |
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| violence; |
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| (3) a statement from an employee or volunteer of a |
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| victim services, domestic violence, or rape crisis |
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| organization from whom the protected tenant, protected |
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| public housing tenant, protected applicant, or protected |
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| household member has sought services and who has knowledge |
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| of the resident's history as a victim of domestic or sexual |
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| violence; |
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| (4) a statement from an attorney, medical |
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| professional, member of the clergy, or other professional |
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| from whom the protected tenant, protected public housing |
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| tenant, protected applicant, or protected household member |
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| has sought assistance in addressing domestic or sexual |
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| violence; |
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| (5) court, police, medical, or other corroborating |
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| evidence of domestic or sexual violence; or |
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| (6) any other evidence of domestic or sexual violence.
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| Section 25. Victim protection; change of locks and right to |
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| possession.
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| (a) If the perpetrator of domestic violence or sexual |
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| violence is not a leaseholder in the same dwelling unit as the |
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| victim, a protected tenant or protected public housing tenant |
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| of the dwelling unit may give oral or written notice to the |
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| landlord that a protected household member is a victim of |
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| domestic violence or sexual violence and may request that the |
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| locks to the dwelling unit be changed. The landlord shall not |
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| consider this notice evidence of a lease violation. A protected |
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| tenant or protected public housing tenant is not required to |
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| provide documentation of the domestic violence or sexual |
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| violence to initiate the changing of the locks pursuant to this |
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| subsection. A landlord who receives a request under this |
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| subsection shall, within 48 hours, change the locks to the |
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| protected tenant or protected public housing tenant's dwelling |
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| unit or give the protected tenant or protected public housing |
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| tenant permission to change the locks within 48 hours or such |
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| lesser time as required by a court order. |
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| (b) If the perpetrator of the domestic violence or sexual |
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| violence is a leaseholder in the same dwelling unit as the |
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| victim, a protected tenant or protected public housing tenant |
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| of the dwelling unit may give oral or written notice to the |
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| landlord that a protected household member is a victim of |
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| domestic or sexual violence and may request that the locks to |
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| the dwelling unit be changed. In these circumstances, the |
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| following shall apply: |
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| (1) Before the landlord, protected tenant, or |
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| protected public housing tenant changes the locks under |
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| this subsection, the landlord shall require a copy of an |
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| order issued by a court, including but not limited to an |
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| Order of Protection pursuant to the Illinois Domestic |
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| Violence Act of 1986 or Article 112A of the Code of |
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| Criminal Procedure of 1963. |
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| (2) Unless a court order allows the perpetrator to |
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| return to the dwelling unit to retrieve personal |
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| belongings, the landlord has no duty under the rental |
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| agreement or by law to allow the perpetrator access to the |
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| dwelling unit, to provide keys to the perpetrator, or to |
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| provide the perpetrator access to the perpetrator's |
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| personal property within the dwelling unit once the |
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| landlord has been provided with a court order. If a |
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| landlord complies with this Section, the landlord is not |
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| liable for civil damages to a perpetrator excluded from the |
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| dwelling unit for loss of use of the dwelling unit or loss |
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| of use or damage to the perpetrator's personal property. |
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| (3) The perpetrator who has been excluded from the |
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| dwelling unit under this subsection remains liable under |
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| the lease with any other tenant of the dwelling unit for |
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| rent or damages to the dwelling unit. |
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| (4) A landlord who receives a request under this |
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| subsection shall, within 72 hours or such lesser time as |
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| required by a court order, change the locks to the dwelling |
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| unit or give the protected tenant or protected public |
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| housing tenant permission to change the locks. |
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| (c) If the landlord charges a fee for the expense of |
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| changing the locks, that fee must not exceed the reasonable |
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| price customarily charged for the repair. |
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| (d) If a landlord fails to act within the required time |
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| pursuant to subsection (a) or (b), the protected tenant or |
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| protected public housing tenant may change the locks without |
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| the landlord's permission. If the protected tenant or protected |
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| public housing tenant changes the locks, the protected tenant |
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| or protected public housing tenant shall give a key to the new |
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| locks to the landlord within 48 hours of the locks being |
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| changed.
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| Section 30. Early termination of rental agreement by |
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| victims of domestic violence or sexual violence.
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| (a) Any protected tenant or protected public housing tenant |
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| who is a victim of domestic or sexual violence or whose |
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| dwelling unit contains protected household members who are |
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| victims of domestic or sexual violence may terminate his or her |
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| rental agreement for a dwelling unit if necessary to protect |
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| their physical or emotional safety and well-being by providing |
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| the landlord with a written notice of termination to be |
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| effective on a date stated in the notice that is at least 30 |
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| days after the landlord's receipt of the notice. The notice to |
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| the landlord shall be accompanied by any one of the types of |
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| evidence of domestic or sexual violence presented by the |
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| protected tenant or protected public housing tenant, as set |
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| forth in Section 20. For this Section only, the landlord may |
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| request that the protected tenant or protected public housing |
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| tenant limit the evidence provided to any one of the documents |
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| or statements described in paragraph (3), (4), or (5) of |
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| Section 20. |
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| (b) Upon termination of a rental agreement under this |
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| Section, if the perpetrator is not a tenant in the same |
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| dwelling unit, the protected tenant or protected public housing |
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| tenant who is released from a rental agreement pursuant to |
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| subsection (a) of this Section is liable for the rent due under |
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| the rental agreement prorated to the effective date of the |
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| termination and payable at the time that would have been |
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| required by the terms of the rental agreement. If the |
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| perpetrator is a leaseholder in the same dwelling unit, the |
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| perpetrator is liable to the protected tenant or protected |
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| public housing tenant for all of the unpaid rent or other sums |
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| owed to the landlord before and after the lease was terminated |
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| by the protected tenant or protected public housing tenant. At |
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| his or her discretion, the landlord may hold either or both |
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| parties liable for the unpaid rent or other sums owed under the |
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| rental agreement to the landlord. However, the perpetrator is |
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| liable for all charges related to property damage caused by the |
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| domestic or sexual violence. If, pursuant to this Section, an |
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| applicant terminates the rental agreement 14 days or more |
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| before occupancy, the applicant is not subject to any damages |
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| or penalties. |
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| (c) Notwithstanding the release of a protected tenant or |
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| protected public housing tenant from a rental agreement under |
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| subsection (a) of this Section, or the exclusion of a |
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| perpetrator of domestic or sexual violence by court order if |
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| the perpetrator is a tenant in the same dwelling unit, if there |
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| are any remaining tenants residing in the dwelling unit, the |
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| tenancy shall continue for those tenants. The perpetrator who |
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| is a tenant in the same dwelling unit remains liable under the |
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| lease with any other tenant of the dwelling unit for rent or |
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| damages to the dwelling unit.
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| Section 35. Right of possession to non-leaseholder victim |
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| of domestic or sexual violence.
If the perpetrator of the |
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| domestic violence or sexual violence is a tenant in the same |
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| dwelling unit as the victim and has possession of the dwelling |
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| unit, any adult or emancipated protected household member of |
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| that dwelling unit may give oral or written notice to the |
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| landlord that a protected household member is a victim of |
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| domestic or sexual violence and request that the protected |
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| household member be given possession of the dwelling unit and |
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| become the primary leaseholder. The landlord shall require that |
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| the protected household member provide the landlord with a copy |
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| of an order issued by a court, including but not limited to an |
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| Order of Protection pursuant to the Illinois Domestic Violence |
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| Act of 1986 or Article 112A of the Code of Criminal Procedure |
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| of 1963. As long as the landlord complies with Section 20 and |
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| is provided with a court order, it is within the landlord's |
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| discretion to enter into a rental agreement with the remaining |
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| adult or emancipated household members. If a landlord complies |
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| with this Section, the landlord is not liable for civil damages |
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| to a perpetrator excluded from the dwelling unit for loss of |
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| possession, the use of the dwelling unit, or loss of use or |
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| damage to the perpetrator's personal property. Public housing |
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| authorities as defined by Section 18 are specifically exempted |
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| from this Section.
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| Section 40. Right to vacate following domestic or sexual |
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| violence.
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| (a) A protected tenant or protected public housing tenant |
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| may terminate her or his rights and obligations under a lease |
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| and may vacate the dwelling unit and avoid liability for future |
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| rent and any other sums due under the lease for terminating the |
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| lease and vacating the dwelling unit before the end of the |
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| lease term, if the protected tenant or protected public housing |
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| tenant complies with subsection (a) of Section 30 and provides |
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| the landlord or the landlord's agent with notice that the |
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| protected tenant, protected public housing tenant, or a |
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| protected household member is the victim of domestic or sexual |
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| violence and that in order to maintain her or his physical or |
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| emotional safety and well-being, she or he must vacate the |
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| dwelling. |
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| (b) A protected tenant or protected public housing tenant |
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| may exercise the right to terminate the lease under subsection |
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| (a) of Section 30, and vacate the dwelling before the end of |
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| the lease term, beginning on the date after all of the |
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| following events have occurred: |
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| (1) the protected tenant or protected public housing |
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| tenant has delivered a copy of the notice to the landlord; |
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| and |
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| (2) the protected tenant or protected public housing |
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| tenant has vacated the dwelling unit. |
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| (c) If the perpetrator was not a tenant in the same |
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| dwelling unit as the protected tenant or protected public |
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| housing tenant, this Section does not affect the liability of a |
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| protected tenant or protected public housing tenant for unpaid |
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| rent owed to the landlord before the lease was terminated by |
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| the protected tenant or protected public housing tenant under |
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| this Section. The perpetrator, however, shall be liable for all |
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| charges related to property damage caused by the domestic or |
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| sexual violence. |
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| (d) If the perpetrator is a tenant in the same dwelling |
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| unit as the protected tenant or protected public housing |
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| tenant, the perpetrator is liable to the protected tenant or |
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| protected public housing tenant for all unpaid rent or other |
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| sums owed to the landlord before and after the lease was |
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| terminated by the protected tenant or protected public housing |
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| tenant. At his or her discretion, the landlord may hold either |
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| or both parties liable for the unpaid rent or other sums owed |
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| under the rental agreement. The perpetrator shall also be |
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| liable for all charges related to property damage caused by the |
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| domestic or sexual violence. |
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| (e) A landlord who is found by a court to have violated |
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| this Act is liable to the protected tenant or protected public |
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| housing tenant for actual damages, an additional amount equal |
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| to the amount of one month's rent plus $500, and the tenant's |
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| attorney's fees.
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| Section 45. Unauthorized occupants in public housing. |
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| Unless the victim of domestic or sexual violence is a protected |
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| public housing tenant, the housing authority has no obligation |
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| to provide any of the remedies as stated above. Unauthorized |
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| occupants are not considered protected public housing tenants. |
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| Section 50. Enforceability. In addition to any other |
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| remedies provided in this Act or under other laws, any |
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| protected household member, protected tenant, protected public |
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| housing tenant, or victim adversely affected by an act or |
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| omission of the landlord that violates this Act may file an |
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| action against the landlord in the circuit court. If the court |
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| finds that a violation of this Act occurred or is about to |
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| occur by an act or omission of the landlord, the court may |
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| award to the plaintiff actual damages, reasonable attorney's |
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| fees, and costs and may grant as relief, as the court deems |
32 |
| appropriate, any permanent or preliminary injunction, |
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09400HB4715ham001 |
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LRB094 15382 WGH 55954 a |
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| temporary restraining order, or other order, including an order |
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| enjoining the landlord from engaging in violations of this Act |
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| or ordering such affirmative action as may be appropriate. |
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| Section 55. Effect on other laws.
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| (a) More protective laws. Nothing in this Act shall be |
6 |
| construed to supersede any provision of any federal, State, or |
7 |
| local law that provides greater protections for victims of |
8 |
| domestic or sexual violence than the rights established under |
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| this Act. |
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| (b)
Less protective laws. The rights established for |
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| victims of domestic or sexual violence under this Act shall not |
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| be diminished by any State or local law.
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| Section 60. Prohibition on Waiver or Modification. |
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| Sections 5, 10, 15, 20, 25, 30, 35, 40, 50, and 55 may not be |
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| waived or modified by an agreement of the parties.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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