Illinois General Assembly - Full Text of SB3680
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Full Text of SB3680  103rd General Assembly

SB3680sam001 103RD GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 3/22/2024

 

 


 

 


 
10300SB3680sam001LRB103 38806 AWJ 71029 a

1
AMENDMENT TO SENATE BILL 3680

2    AMENDMENT NO. ______. Amend Senate Bill 3680 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Prohibition on crime-free housing
8ordinances.
9    (a) As used in this Section:
10    "Contact with a law enforcement agency or other emergency
11service" means any interaction with a law enforcement agency,
12including, but not limited to, notice, stop, arrest or
13detention, conviction or charge, or calls to or response by a
14law enforcement agency or other emergency service.
15    "Penalty against a landlord" includes, but is not limited
16to, an action against a landlord in response to a landlord

 

 

10300SB3680sam001- 2 -LRB103 38806 AWJ 71029 a

1failing to implement or enforce an ordinance, resolution,
2policy, program, or other regulation prohibited by this
3Section, including, but not limited to, revoking, suspending,
4or refusing to issue a permit or license otherwise required by
5the county for a property owner or landlord to engage in the
6business of leasing within the county.
7    (b) A county may not adopt, enforce, or implement an
8ordinance, resolution, policy, program, or other regulation
9affecting a tenancy that does any of the following:
10        (1) imposes or threatens to impose a penalty against a
11    resident, property owner, tenant, landlord, or other
12    person solely as a consequence of contact with a law
13    enforcement agency or other emergency service;
14        (2) requires or promotes a property owner or landlord
15    to do, or imposes a penalty on a property owner or landlord
16    for the failure to do, any of the following:
17            (A) evict or penalize a tenant because of the
18        tenant's association with another tenant or household
19        member who has had contact with a law enforcement
20        agency or other emergency service or has a criminal
21        conviction;
22            (B) evict, refuse to lease or renew a lease, or
23        otherwise penalize a tenant because of the tenant's
24        criminal history or alleged unlawful conduct or
25        arrest,
26            (C) include a provision in a lease or rental

 

 

10300SB3680sam001- 3 -LRB103 38806 AWJ 71029 a

1        agreement that provides as grounds for eviction any
2        cause that is in conflict with State or federal law; or
3            (D) conduct criminal background checks of
4        prospective or current tenants; however, nothing
5        limits a property owner or landlord from voluntarily
6        conducting a criminal background check;
7        (3) defines as a nuisance any contact with a law
8    enforcement agency or other emergency service by a tenant
9    or any request by a tenant, landlord, resident, or
10    property owner for emergency assistance;
11        (4) requires a tenant to obtain a certificate of
12    occupancy as a condition of tenancy or turning on
13    utilities; or
14        (5) establishes, maintains, or promotes a registry of
15    tenants for the purposes of discouraging or excluding a
16    tenant on the registry from rental housing within the
17    county.
18    (c) An aggrieved party may file an action in circuit
19court, including for injunctive relief, monetary relief,
20attorney's fees, and costs, against a county to enforce the
21provisions of this Section. Nothing in this Section shall be
22read to allow an aggrieved party to file or sustain an action
23against a landlord, owner, management company, leasing agent,
24or real estate agent or any other person or entity other than
25the county.
26    (d) A home rule county may not regulate tenancy in a manner

 

 

10300SB3680sam001- 4 -LRB103 38806 AWJ 71029 a

1inconsistent with this Section. This Section is a limitation
2under subsection (i) of Section 6 of Article VII of the
3Illinois Constitution on the concurrent exercise by home rule
4units of powers and functions exercised by the State.
 
5    (55 ILCS 5/5-1005.10 rep.)
6    Section 10. The Counties Code is amended by repealing
7Section 5-1005.10.
 
8    Section 15. The Illinois Municipal Code is amended by
9adding Section 11-13-28 as follows:
 
10    (65 ILCS 5/11-13-28 new)
11    Sec. 11-13-28. Prohibition on crime-free housing
12ordinances.
13    (a) As used in this Section:
14    "Contact with a law enforcement agency or other emergency
15service" means any interaction with a law enforcement agency,
16including, but not limited to, notice, stop, arrest or
17detention, conviction or charge, or calls to or response by a
18law enforcement agency or other emergency service.
19    "Penalty against a landlord" includes, but is not limited
20to, an action against a landlord in response to a landlord
21failing to implement or enforce an ordinance, resolution,
22policy, program, or other regulation prohibited by this
23Section, including, but not limited to, revoking, suspending,

 

 

10300SB3680sam001- 5 -LRB103 38806 AWJ 71029 a

1or refusing to issue a permit or license otherwise required by
2the municipality for a property owner or landlord to engage in
3the business of leasing within the municipality.
4    (b) A municipality may not adopt, enforce, or implement an
5ordinance, resolution, policy, program, or other regulation
6affecting a tenancy that does any of the following:
7        (1) imposes or threatens to impose a penalty against a
8    resident, property owner, tenant, landlord, or other
9    person solely as a consequence of contact with a law
10    enforcement agency or other emergency service;
11        (2) requires or promotes a property owner or landlord
12    to do, or imposes a penalty on a property owner or landlord
13    for the failure to do, any of the following:
14            (A) evict or penalize a tenant because of the
15        tenant's association with another tenant or household
16        member who has had contact with a law enforcement
17        agency or other emergency service or has a criminal
18        conviction;
19            (B) evict, refuse to lease or renew a lease, or
20        otherwise penalize a tenant because of the tenant's
21        criminal history or alleged unlawful conduct or
22        arrest;
23            (C) include a provision in a lease or rental
24        agreement that provides as grounds for eviction any
25        cause that is in conflict with State or federal law; or
26            (D) conduct criminal background checks of

 

 

10300SB3680sam001- 6 -LRB103 38806 AWJ 71029 a

1        prospective or current tenants; however, nothing
2        limits a property owner or landlord from voluntarily
3        conducting a criminal background check;
4        (3) defines as a nuisance any contact with a law
5    enforcement agency or other emergency service by a tenant
6    or any request by a tenant, landlord, resident, or
7    property owner for emergency assistance;
8        (4) requires a tenant to obtain a certificate of
9    occupancy as a condition of tenancy or turning on
10    utilities; or
11        (5) establishes, maintains, or promotes a registry of
12    tenants for the purposes of discouraging or excluding a
13    tenant on the registry from rental housing within the
14    municipality.
15    (c) An aggrieved party may file an action in circuit
16court, including for injunctive relief, monetary relief,
17attorney's fees, and costs, against a municipality to enforce
18the provisions of this Section. Nothing in this Section shall
19be read to allow an aggrieved party to file or sustain an
20action against a landlord, owner, management company, leasing
21agent, or real estate agent or any other person or entity other
22than the municipality.
23    (d) A home rule municipality may not regulate tenancy in a
24manner inconsistent with this Section. This Section is a
25limitation under subsection (i) of Section 6 of Article VII of
26the Illinois Constitution on the concurrent exercise by home

 

 

10300SB3680sam001- 7 -LRB103 38806 AWJ 71029 a

1rule units of powers and functions exercised by the State.
 
2    (65 ILCS 5/1-2.1-5 rep.)
3    Section 20. The Illinois Municipal Code is amended by
4repealing Section 1-2.1-5.
 
5    Section 25. The Housing Authorities Act is amended by
6adding Section 8.25 as follows:
 
7    (310 ILCS 10/8.25 new)
8    Sec. 8.25. Prohibition on crime-free housing ordinances.
9    (a) As used in this Section:
10    "Contact with a law enforcement agency or other emergency
11service" means any interaction with a law enforcement agency,
12including, but not limited to, notice, stop, arrest or
13detention, conviction or charge, or calls to or response by a
14law enforcement agency or other emergency service.
15    "Penalty against a landlord" includes, but is not limited
16to, an action against a landlord, including an actual or
17threatened denial or termination of a subsidized housing
18contract, in response to a landlord failing to implement or
19enforce an ordinance, resolution, policy, program, or other
20regulation prohibited by this Section.
21    (b) Unless otherwise required by federal law, a housing
22authority may not adopt their own, nor enforce or implement a
23county's or municipality's ordinance, resolution, policy,

 

 

10300SB3680sam001- 8 -LRB103 38806 AWJ 71029 a

1program, or other regulation affecting a tenancy that does any
2of the following:
3        (1) imposes or threatens to impose a penalty against a
4    resident, property owner, tenant, landlord, or other
5    person solely as a consequence of contact with a law
6    enforcement agency or other emergency service;
7        (2) requires or promotes a property owner or landlord
8    to do, or imposes a penalty on a property owner or landlord
9    for the failure to do, any of the following:
10            (A) evict or penalize a tenant because of the
11        tenant's association with another tenant or household
12        member who has had contact with a law enforcement
13        agency or other emergency service or has a criminal
14        conviction;
15            (B) evict, refuse to lease or renew a lease, or
16        otherwise penalize a tenant because of the tenant's
17        criminal history or alleged unlawful conduct or
18        arrest; or
19            (C) include a provision in a lease or rental
20        agreement that provides as grounds for eviction any
21        cause that is in conflict with State or federal law; or
22            (D) conduct criminal background checks of
23        prospective or current tenants; however, nothing
24        limits a property owner or landlord from voluntarily
25        conducting a criminal background check;
26        (3) requires a tenant to obtain a certificate of

 

 

10300SB3680sam001- 9 -LRB103 38806 AWJ 71029 a

1    occupancy as a condition of tenancy or turning on
2    utilities; or
3        (4) establishes, maintains, or promotes a registry of
4    tenants for the purposes of discouraging or excluding a
5    tenant on the registry from rental housing under the
6    housing authority's jurisdiction.
7    (c) An aggrieved party may file an action in circuit
8court, including for injunctive relief, monetary relief,
9attorney's fees, and costs, against a housing authority to
10enforce the provisions of this Section. Nothing in this
11Section shall be read to allow an aggrieved party to file or
12sustain an action against a landlord, owner, management
13company, leasing agent, or real estate agent or any other
14person or entity other than the housing authority.
15    (d) A home rule municipality may not have regulations that
16encourage or require housing authorities to act in a manner
17inconsistent with this Section. This Section is a limitation
18under subsection (i) of Section 6 of Article VII of the
19Illinois Constitution on the concurrent exercise by home rule
20units of powers and functions exercised by the State.
 
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".