HB1444ham001 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 3/1/2023

10300HB1444ham001 LRB103 05099 LNS 58132 a

AMENDMENT TO HOUSE BILL 1444

AMENDMENT NO. ______. Amend House Bill 1444 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 9-123 as follows:

(735 ILCS 5/9-123 new)

Sec. 9-123. Access to legal assistance in evictions.

(a) As used in this Section:

"Eligible full representation client" means an individual, not a business entity, who is a residential tenant involved in an eviction matter, has been found eligible for representation by a participating legal aid organization, and has an annual income that does not exceed 200% of the prevailing poverty guidelines issued by the United States Department of Health and Human Services.

"Eligible unrepresented party" means an individual, not a business entity, who is a residential landlord or a tenant in an eviction action in a State circuit court and who is not represented by an attorney.

"Participating legal aid organization" means a nonprofit legal organization that provides free legal assistance to low-income State residents and is eligible for funding under the Illinois Equal Justice Act.

(b) Subject to the availability of funding appropriated for this specific purpose:

(1) The Illinois Equal Justice Foundation, through the Department of Human Services, shall establish a statewide program for providing legal assistance and related services for eviction prevention that, subject to eligibility and available resources:

(A) ensures all eligible unrepresented parties in eviction cases in State circuit courts have access to free legal assistance that includes legal advice and where appropriate, limited scope legal representation and negotiation assistance;

(B) ensures that where appropriate and available, eligible full representation clients have access to full legal representation from a participating legal aid organization;

(C) provides access to free mediation upon referral from a State circuit court or by agreement of the parties;

(D) provides community outreach and education;

(E) connects with other available resources and services such as emergency rental assistance, housing counseling, and social services; and

(F) where applicable, works in concert with other Department of Human Services programs to promote housing stability and prevent homelessness.

(2) Any eligible unrepresented party in an eviction matter shall receive the level of legal assistance from a participating legal aid organization that the participating legal aid organization deems appropriate, subject to available resources and the client's eligibility for services.

(3) Priority for full representation for eligible full representation clients shall be given to tenants who the participating legal aid organization determines:

(A) have meritorious legal claims or defenses; or

(B) are particularly vulnerable to becoming homeless if evicted and would not be able to effectively assert their legal rights on their own.

(c) In addition to its statutory authority under the Illinois Equal Justice Act, the Illinois Equal Justice Foundation is authorized to make grants to counties that are operating eviction prevention programs with its circuit courts that are consistent with the purposes of this Section.

(d) In distributing funding under this Section, the Illinois Equal Justice Foundation shall:

(1) strive to provide support that as much as practicable matches the geographic distribution of population and eviction cases in the State; and

(2) prioritize programs where the circuit court is a partner in the program and local governments are also providing resources to support the program and the nonprofit partners.

(e) The General Assembly encourages the Supreme Court to adopt rules and policies for eviction cases in State circuit courts to:

(1) facilitate access to legal assistance, mediation, and other relevant services such as emergency rental assistance; and

(2) promote negotiated, fair resolutions among the parties to eviction cases when possible.".