HB5284 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5284

 

Introduced 1/31/2022, by Rep. Dagmara Avelar

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-106.2

    Amends the Eviction Article of the Code of Civil Procedure. Provides that it is an affirmative defense to an eviction action if the court finds that the demand for possession is based upon a demand for possession relating to the entry of a barred individual onto any portion of the premises where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises. Provides that nothing in a provision regarding an affirmative defense for violence precludes a landlord from exercising any rights the landlord may have under existing local, State, federal, or common law to bar an individual who is not a tenant or lessee or member of the tenant's or lessee's household. Removes provisions providing that: a landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household; and a landlord may give notice to a person that the person is barred from the premises owned by the landlord.


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A BILL FOR

 

HB5284LRB102 24790 LNS 34034 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-106.2 as follows:
 
6    (735 ILCS 5/9-106.2)
7    Sec. 9-106.2. Affirmative defense for violence; barring
8persons from property.
9    (a) It shall be an affirmative defense to an action
10maintained under this Article IX if the court makes one of the
11following findings that the demand for possession is:
12        (1) based solely on the tenant's, lessee's, or
13    household member's status as a victim of domestic violence
14    or sexual violence as those terms are defined in Section
15    10 of the Safe Homes Act, stalking as that term is defined
16    in the Criminal Code of 2012, or dating violence;
17        (2) based solely upon an incident of actual or
18    threatened domestic violence, dating violence, stalking,
19    or sexual violence against a tenant, lessee, or household
20    member;
21        (3) based solely upon criminal activity directly
22    relating to domestic violence, dating violence, stalking,
23    or sexual violence engaged in by a member of a tenant's or

 

 

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1    lessee's household or any guest or other person under the
2    tenant's, lessee's, or household member's control, and
3    against the tenant, lessee, or household member; or
4        (4) based upon a demand for possession relating to the
5    entry of a barred individual onto any portion of the
6    premises pursuant to subsection (f) where the tenant,
7    lessee, or household member who was the victim of domestic
8    violence, sexual violence, stalking, or dating violence
9    did not knowingly consent to the barred person entering
10    the premises or a valid court order permitted the barred
11    person's entry onto the premises.
12    (b) When asserting the affirmative defense, at least one
13form of the following types of evidence shall be provided to
14support the affirmative defense: medical, court, or police
15records documenting the violence or a statement from an
16employee of a victim service organization or from a medical
17professional from whom the tenant, lessee, or household member
18has sought services.
19    (c) Nothing in subsection (a) shall prevent the landlord
20from seeking possession solely against a tenant, household
21member, or lessee of the premises who perpetrated the violence
22referred to in subsection (a).
23    (d) Nothing in subsection (a) shall prevent the landlord
24from seeking possession against the entire household,
25including the tenant, lessee, or household member who is a
26victim of domestic violence, dating violence, stalking, or

 

 

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1sexual violence if the tenant, lessee, or household member's
2continued tenancy would pose an actual and imminent threat to
3other tenants, lessees, household members, the landlord or
4their agents at the property.
5    (e) Nothing in subsection (a) shall prevent the landlord
6from seeking possession against the tenant, lessee, or
7household member who is a victim of domestic violence, dating
8violence, stalking, or sexual violence if that tenant, lessee,
9or household member has committed the criminal activity on
10which the demand for possession is based.
11    (f) Nothing in this Section precludes a landlord from
12exercising any rights the landlord may have under existing
13local, State, federal, or common law to bar an individual who
14is not a tenant or lessee or member of the tenant's or lessee's
15household. A landlord shall have the power to bar the presence
16of a person from the premises owned by the landlord who is not
17a tenant or lessee or who is not a member of the tenant's or
18lessee's household. A landlord bars a person from the premises
19by providing written notice to the tenant or lessee that the
20person is no longer allowed on the premises. That notice shall
21state that if the tenant invites the barred person onto any
22portion of the premises, then the landlord may treat this as a
23breach of the lease, whether or not this provision is
24contained in the lease. Subject to paragraph (4) of subsection
25(a), the landlord may evict the tenant.
26    (g) (Blank). Further, a landlord may give notice to a

 

 

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1person that the person is barred from the premises owned by the
2landlord. A person has received notice from the landlord
3within the meaning of this subsection if he has been notified
4personally, either orally or in writing including a valid
5court order as defined by subsection (7) of Section 112A-3 of
6the Code of Criminal Procedure of 1963 granting remedy (2) of
7subsection (b) of Section 112A-14 of that Code, or if a printed
8or written notice forbidding such entry has been conspicuously
9posted or exhibited at the main entrance to such land or the
10forbidden part thereof. Any person entering the landlord's
11premises after such notice has been given shall be guilty of
12criminal trespass to real property as set forth in Section
1321-3 of the Criminal Code of 2012. After notice has been given,
14an invitation to the person to enter the premises shall be void
15if made by a tenant, lessee, or member of the tenant's or
16lessee's household and shall not constitute a valid invitation
17to come upon the premises or a defense to a criminal trespass
18to real property.
19(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)