SB3680 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3680

 

Introduced 2/9/2024, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/1005.11 new
55 ILCS 5/5-1005.10 rep.
65 ILCS 5/1-2-1.6 new
65 ILCS 5/1-2-1.5 rep.
310 ILCS 10/8.25 new

    Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.


LRB103 38806 AWJ 68943 b

 

 

A BILL FOR

 

SB3680LRB103 38806 AWJ 68943 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
51005.11 as follows:
 
6    (55 ILCS 5/1005.11 new)
7    Sec. 1005.11. Regulations penalizing tenants for contact
8with law enforcement agencies.
9    (a) As used in this Section:
10    "Certificate of occupancy" means a license or permit
11required for the rental or occupancy of a dwelling unit.
12    "Contact" encompasses any interaction with a law
13enforcement agency, including, but not limited to, notice,
14stop, arrest or detention, conviction or charge, or calls to
15or response by a law enforcement agency or other emergency
16services.
17    "Law enforcement agency" means a department or agency of
18the United States, a state, a local government, or other
19political subdivision of the United States, a state, or a
20local government authorized by law or regulation to engage in
21or supervise the prevention, detection, investigation, or
22prosecution of a violation of criminal or civil law,
23including, but not limited to, United States Immigration and

 

 

SB3680- 2 -LRB103 38806 AWJ 68943 b

1Customs Enforcement and the State's Department of Human
2Services or Department of Children and Family Services.
3    "Penalize" means any of the following:
4        (1) An actual or threatened assessment of fees, fines,
5    or other penalties.
6        (2) An actual or threatened eviction, termination of a
7    tenancy, or failure to renew a tenancy.
8        (3) An actual or threatened denial of a housing
9    subsidy or subsidized housing contract.
10        (4) An actual or threatened denial of housing.
11        (5) An actual or threatened revocation, suspension, or
12    nonrenewal of a certificate of occupancy.
13        (6) A designation of closure or a threatened closure
14    of a property, designation as a nuisance property or as a
15    perpetrator of criminal activity under local regulation,
16    or imposition or threatened imposition of a similar
17    designation.
18        (7) An actual or threatened nuisance action.
19        (8) A mandate or encouragement of the warrantless
20    installation of, or police access to, surveillance
21    equipment, such as cameras, recorders, or other similar
22    devices intended to monitor tenant activity.
23        (9) An actual or threatened restriction on the right
24    to quiet enjoyment, including, but not limited to, the
25    right to have guests.
26        (10) Any other action that has the effect of

 

 

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1    materially interfering with the landlord's property or a
2    tenant's or applicant's housing, tenancy, or housing
3    opportunity.
4    "Subsidized housing" means any local, State, or federal
5housing program intended to provide affordable housing or a
6housing subsidy or rental assistance to low-income or
7moderate-income persons.
8    "Program" means any voluntary or mandatory initiative
9operated or endorsed by a local government, a housing
10authority, or a law enforcement agency.
11    (b) A county may not enact a program, ordinance,
12resolution, or other regulation that:
13        (1) penalizes landlords or tenants, guests, or others
14    for contact with a law enforcement agency;
15        (2) requires or encourages landlords to evict or
16    penalize tenants or household members for contact with a
17    law enforcement agency, a criminal conviction, or alleged
18    unlawful conduct, including through cooperating agreements
19    with law enforcement agencies;
20        (3) requires or promotes the use of criminal
21    background checks of prospective or current tenants;
22        (4) defines nuisance behavior to include contact with
23    a law enforcement agency;
24        (5) requires tenants to secure certificates of
25    occupancy as a condition of leasing rental housing or
26    turning on utilities;

 

 

SB3680- 4 -LRB103 38806 AWJ 68943 b

1        (6) creates or promotes the use of a registry of
2    individual tenants for the purpose of discouraging
3    landlords from renting to those tenants or otherwise
4    excluding such individuals from rental housing within the
5    subject jurisdiction;
6        (7) penalizes tenants, guests, or others for contact
7    made to police or other emergency services; or
8        (8) requires or promotes the use of a lease addendum
9    that penalizes tenants, guests, or others for any of the
10    conditions listed in paragraphs (1) through (7) or is
11    contrary to or inconsistent with requirements under
12    federal law.
13    (c) A program, ordinance, resolution, or other regulation
14that violates any of the provisions of this Section is void and
15unenforceable and cannot serve as a basis to pursue an
16eviction.
17    (d) A resident, tenant, prospective tenant, owner,
18landlord, occupant, or any other aggrieved party may file an
19action in circuit court, including for injunctive relief or
20monetary relief, against a county to enforce the various
21provisions of this Section, including, without limitation, an
22order invalidating the subject program, ordinance, resolution,
23or other regulation to the extent required to bring it into
24compliance with the requirements of this Section. A person or
25entity who is the prevailing party in an action under this
26subsection shall also be entitled to reasonable attorney's

 

 

SB3680- 5 -LRB103 38806 AWJ 68943 b

1fees and costs.
2    (e) A county with a program, ordinance, resolution, or
3other regulation that violates any of the provisions of this
4Section shall repeal the program, ordinance, resolution, or
5other regulation no later than one year after the effective
6date of this amendatory Act of the 103rd General Assembly.
7    (f) A home rule county may not have regulations that are
8inconsistent with this Section. This Section is a limitation
9under subsection (i) of Section 6 of Article VII of the
10Illinois Constitution on the concurrent exercise by home rule
11units of powers and functions exercised by the State.
 
12    (55 ILCS 5/5-1005.10 rep.)
13    Section 10. The Counties Code is amended by repealing
14Section 5-1005.10.
 
15    Section 15. The Illinois Municipal Code is amended by
16adding Section 1-2-1.6 as follows:
 
17    (65 ILCS 5/1-2-1.6 new)
18    Sec. 1-2-1.6. Regulations penalizing tenants for contact
19with law enforcement agencies.
20    (a) As used in this Section:
21    "Certificate of occupancy" means a license or permit
22required for the rental or occupancy of a dwelling unit.
23    "Contact" encompasses any interaction with a law

 

 

SB3680- 6 -LRB103 38806 AWJ 68943 b

1enforcement agency, including, but not limited to, notice,
2stop, arrest or detention, conviction or charge, or calls to
3or response by a law enforcement agency or other emergency
4services.
5    "Law enforcement agency" means a department or agency of
6the United States, a state, a local government, or other
7political subdivision of the United States, a state, or a
8local government authorized by law or regulation to engage in
9or supervise the prevention, detection, investigation, or
10prosecution of a violation of criminal or civil law,
11including, but not limited to, United States Immigration and
12Customs Enforcement and the State's Department of Human
13Services or Department of Children and Family Services.
14    "Penalize" means any of the following:
15        (1) An actual or threatened assessment of fees, fines,
16    or other penalties.
17        (2) An actual or threatened eviction, termination of a
18    tenancy, or failure to renew a tenancy.
19        (3) An actual or threatened denial of a housing
20    subsidy or subsidized housing contract.
21        (4) An actual or threatened denial of housing.
22        (5) An actual or threatened revocation, suspension, or
23    nonrenewal of a certificate of occupancy.
24        (6) A designation of closure or a threatened closure
25    of a property, designation as a nuisance property or as a
26    perpetrator of criminal activity under local regulation,

 

 

SB3680- 7 -LRB103 38806 AWJ 68943 b

1    or imposition or threatened imposition of a similar
2    designation.
3        (7) An actual or threatened nuisance action.
4        (8) A mandate or encouragement of the warrantless
5    installation of, or police access to, surveillance
6    equipment, such as cameras, recorders, or other similar
7    devices intended to monitor tenant activity.
8        (9) An actual or threatened restriction on the right
9    to quiet enjoyment, including, but not limited to, the
10    right to have guests.
11        (10) Any other action that has the effect of
12    materially interfering with the landlord's property or a
13    tenant's or applicant's housing, tenancy, or housing
14    opportunity.
15    "Subsidized housing" means any local, State, or federal
16housing program intended to provide affordable housing or a
17housing subsidy or rental assistance to low-income or
18moderate-income persons.
19    "Program" means any voluntary or mandatory initiative
20operated or endorsed by a local government, a housing
21authority, or a law enforcement agency.
22    (b) A municipality may not enact a program, ordinance,
23resolution, or other regulation that:
24        (1) penalizes landlords or tenants, guests, or others
25    for contact with a law enforcement agency;
26        (2) requires or encourages landlords to evict or

 

 

SB3680- 8 -LRB103 38806 AWJ 68943 b

1    penalize tenants or household members for contact with a
2    law enforcement agency, a criminal conviction, or alleged
3    unlawful conduct, including through cooperating agreements
4    with law enforcement agencies;
5        (3) requires or promotes the use of criminal
6    background checks of prospective or current tenants;
7        (4) defines nuisance behavior to include contact with
8    a law enforcement agency;
9        (5) requires tenants to secure certificates of
10    occupancy as a condition of leasing rental housing or
11    turning on utilities;
12        (6) creates or promotes the use of a registry of
13    individual tenants for the purpose of discouraging
14    landlords from renting to those tenants or otherwise
15    excluding such individuals from rental housing within the
16    subject jurisdiction;
17        (7) penalizes tenants, guests, or others for contact
18    made to police or other emergency services; or
19        (8) requires or promotes the use of a lease addendum
20    that penalizes tenants, guests, or others for any of the
21    conditions listed in paragraphs (1) through (7) or is
22    contrary to or inconsistent with requirements under
23    federal law.
24    (c) A program, ordinance, resolution, or other regulation
25that violates any of the provisions of this Section is void and
26unenforceable and cannot serve as a basis to pursue an

 

 

SB3680- 9 -LRB103 38806 AWJ 68943 b

1eviction.
2    (d) A resident, tenant, prospective tenant, owner,
3landlord, occupant, or any other aggrieved party may file an
4action in circuit court, including for injunctive relief or
5monetary relief, against a municipality to enforce the various
6provisions of this Section, including, without limitation, an
7order invalidating the subject program, ordinance, resolution,
8or other regulation to the extent required to bring it into
9compliance with the requirements of this Section. A person or
10entity who is the prevailing party in an action under this
11subsection shall also be entitled to reasonable attorney's
12fees and costs.
13    (e) A municipality with a program, ordinance, resolution,
14or other regulation that violates any of the provisions of
15this Section shall repeal the program, ordinance, resolution,
16or other regulation no later than one year after the effective
17date of this amendatory Act of the 103rd General Assembly.
18    (f) A home rule municipality may not have regulations that
19are inconsistent with this Section. This Section is a
20limitation under subsection (i) of Section 6 of Article VII of
21the Illinois Constitution on the concurrent exercise by home
22rule units of powers and functions exercised by the State.
 
23    (65 ILCS 5/1-2-1.5 rep.)
24    Section 20. The Illinois Municipal Code is amended by
25repealing Section 1-2-1.5.
 

 

 

SB3680- 10 -LRB103 38806 AWJ 68943 b

1    Section 25. The Housing Authorities Act is amended by
2adding Section 8.25 as follows:
 
3    (310 ILCS 10/8.25 new)
4    Sec. 8.25. Regulations penalizing tenants for contact with
5law enforcement agencies.
6    (a) As used in this Section:
7    "Certificate of occupancy" means a license or permit
8required for the rental or occupancy of a dwelling unit.
9    "Contact" encompasses any interaction with a law
10enforcement agency, including, but not limited to, notice,
11stop, arrest or detention, conviction or charge, or calls to
12or response by a law enforcement agency or other emergency
13services.
14    "Law enforcement agency" means a department or agency of
15the United States, a state, a local government, or other
16political subdivision of the United States, a state, or a
17local government authorized by law or regulation to engage in
18or supervise the prevention, detection, investigation, or
19prosecution of a violation of criminal or civil law,
20including, but not limited to, United States Immigration and
21Customs Enforcement and the State's Department of Human
22Services or Department of Children and Family Services.
23    "Penalize" means any of the following:
24        (1) An actual or threatened assessment of fees, fines,

 

 

SB3680- 11 -LRB103 38806 AWJ 68943 b

1    or other penalties.
2        (2) An actual or threatened eviction, termination of a
3    tenancy, or failure to renew a tenancy.
4        (3) An actual or threatened denial of a housing
5    subsidy or subsidized housing contract.
6        (4) An actual or threatened denial of housing.
7        (5) An actual or threatened revocation, suspension, or
8    nonrenewal of a certificate of occupancy.
9        (6) A designation of closure or a threatened closure
10    of a property, designation as a nuisance property or as a
11    perpetrator of criminal activity under local regulation,
12    or imposition or threatened imposition of a similar
13    designation.
14        (7) An actual or threatened nuisance action.
15        (8) A mandate or encouragement of the warrantless
16    installation of, or police access to, surveillance
17    equipment, such as cameras, recorders, or other similar
18    devices intended to monitor tenant activity.
19        (9) An actual or threatened restriction on the right
20    to quiet enjoyment, including, but not limited to, the
21    right to have guests.
22        (10) Any other action that has the effect of
23    materially interfering with the landlord's property or a
24    tenant's or applicant's housing, tenancy, or housing
25    opportunity.
26    "Subsidized housing" means any local, State, or federal

 

 

SB3680- 12 -LRB103 38806 AWJ 68943 b

1housing program intended to provide affordable housing or a
2housing subsidy or rental assistance to low-income or
3moderate-income persons.
4    "Program" means any voluntary or mandatory initiative
5operated or endorsed by a local government, a housing
6authority, or a law enforcement agency.
7    (b) A housing authority may not enact a program,
8ordinance, resolution, or other regulation that:
9        (1) penalizes landlords or tenants, guests, or others
10    for contact with a law enforcement agency;
11        (2) requires or encourages landlords to evict or
12    penalize tenants or household members for contact with a
13    law enforcement agency, a criminal conviction, or alleged
14    unlawful conduct, including through cooperating agreements
15    with law enforcement agencies;
16        (3) requires or promotes the use of criminal
17    background checks of prospective or current tenants;
18        (4) defines nuisance behavior to include contact with
19    a law enforcement agency;
20        (5) requires tenants to secure certificates of
21    occupancy as a condition of leasing rental housing or
22    turning on utilities;
23        (6) creates or promotes the use of a registry of
24    individual tenants for the purpose of discouraging
25    landlords from renting to those tenants or otherwise
26    excluding such individuals from rental housing within the

 

 

SB3680- 13 -LRB103 38806 AWJ 68943 b

1    subject jurisdiction;
2        (7) penalizes tenants, guests, or others for contact
3    made to police or other emergency services; or
4        (8) requires or promotes the use of a lease addendum
5    that penalizes tenants, guests, or others for any of the
6    conditions listed in paragraphs (1) through (7) or is
7    contrary to or inconsistent with requirements under
8    federal law.
9    (c) A program, ordinance, resolution, or other regulation
10that violates any of the provisions of this Section is void and
11unenforceable and cannot serve as a basis to pursue an
12eviction.
13    (d) A resident, tenant, prospective tenant, owner,
14landlord, occupant, or any other aggrieved party may file an
15action in circuit court, including for injunctive relief or
16monetary relief, against a housing authority to enforce the
17various provisions of this Section, including, without
18limitation, an order invalidating the subject program,
19ordinance, resolution, or other regulation to the extent
20required to bring it into compliance with the requirements of
21this Section. A person or entity who is the prevailing party in
22an action under this subsection shall also be entitled to
23reasonable attorney's fees and costs.
24    (e) A housing authority with a program, ordinance,
25resolution, or other regulation that violates any of the
26provisions of this Section shall repeal the program,

 

 

SB3680- 14 -LRB103 38806 AWJ 68943 b

1ordinance, resolution, or other regulation no later than one
2year after the effective date of this amendatory Act of the
3103rd General Assembly.
4    (f) A home rule municipality may not have regulations that
5are inconsistent with this Section. This Section is a
6limitation under subsection (i) of Section 6 of Article VII of
7the Illinois Constitution on the concurrent exercise by home
8rule units of powers and functions exercised by the State.
 
9    Section 97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.