Full Text of SB3680 103rd General Assembly
SB3680sam001 103RD GENERAL ASSEMBLY | Sen. Karina Villa Filed: 3/22/2024 | | 10300SB3680sam001 | | LRB103 38806 AWJ 71029 a |
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| 1 | | AMENDMENT TO SENATE BILL 3680
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3680 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Counties Code is amended by adding Section | 5 | | 5-12022 as follows: | 6 | | (55 ILCS 5/5-12022 new) | 7 | | Sec. 5-12022. Prohibition on crime-free housing | 8 | | ordinances. | 9 | | (a) As used in this Section: | 10 | | "Contact with a law enforcement agency or other emergency | 11 | | service" means any interaction with a law enforcement agency, | 12 | | including, but not limited to, notice, stop, arrest or | 13 | | detention, conviction or charge, or calls to or response by a | 14 | | law enforcement agency or other emergency service. | 15 | | "Penalty against a landlord" includes, but is not limited | 16 | | to, an action against a landlord in response to a landlord |
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| 1 | | failing to implement or enforce an ordinance, resolution, | 2 | | policy, program, or other regulation prohibited by this | 3 | | Section, including, but not limited to, revoking, suspending, | 4 | | or refusing to issue a permit or license otherwise required by | 5 | | the county for a property owner or landlord to engage in the | 6 | | business of leasing within the county. | 7 | | (b) A county may not adopt, enforce, or implement an | 8 | | ordinance, resolution, policy, program, or other regulation | 9 | | affecting 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 |
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| 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 | 19 | | court, including for injunctive relief, monetary relief, | 20 | | attorney's fees, and costs, against a county to enforce the | 21 | | provisions of this Section. Nothing in this Section shall be | 22 | | read to allow an aggrieved party to file or sustain an action | 23 | | against a landlord, owner, management company, leasing agent, | 24 | | or real estate agent or any other person or entity other than | 25 | | the county. | 26 | | (d) A home rule county may not regulate tenancy in a manner |
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| 1 | | inconsistent with this Section. This Section is a limitation | 2 | | under subsection (i) of Section 6 of Article VII of the | 3 | | Illinois Constitution on the concurrent exercise by home rule | 4 | | units 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 | 7 | | Section 5-1005.10. | 8 | | Section 15. The Illinois Municipal Code is amended by | 9 | | adding Section 11-13-28 as follows: | 10 | | (65 ILCS 5/11-13-28 new) | 11 | | Sec. 11-13-28. Prohibition on crime-free housing | 12 | | ordinances. | 13 | | (a) As used in this Section: | 14 | | "Contact with a law enforcement agency or other emergency | 15 | | service" means any interaction with a law enforcement agency, | 16 | | including, but not limited to, notice, stop, arrest or | 17 | | detention, conviction or charge, or calls to or response by a | 18 | | law enforcement agency or other emergency service. | 19 | | "Penalty against a landlord" includes, but is not limited | 20 | | to, an action against a landlord in response to a landlord | 21 | | failing to implement or enforce an ordinance, resolution, | 22 | | policy, program, or other regulation prohibited by this | 23 | | Section, including, but not limited to, revoking, suspending, |
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| 1 | | or refusing to issue a permit or license otherwise required by | 2 | | the municipality for a property owner or landlord to engage in | 3 | | the business of leasing within the municipality. | 4 | | (b) A municipality may not adopt, enforce, or implement an | 5 | | ordinance, resolution, policy, program, or other regulation | 6 | | affecting 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 |
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| 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 | 16 | | court, including for injunctive relief, monetary relief, | 17 | | attorney's fees, and costs, against a municipality to enforce | 18 | | the provisions of this Section. Nothing in this Section shall | 19 | | be read to allow an aggrieved party to file or sustain an | 20 | | action against a landlord, owner, management company, leasing | 21 | | agent, or real estate agent or any other person or entity other | 22 | | than the municipality. | 23 | | (d) A home rule municipality may not regulate tenancy in a | 24 | | manner inconsistent with this Section. This Section is a | 25 | | limitation under subsection (i) of Section 6 of Article VII of | 26 | | the Illinois Constitution on the concurrent exercise by home |
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| 1 | | rule 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 | 4 | | repealing Section 1-2.1-5. | 5 | | Section 25. The Housing Authorities Act is amended by | 6 | | adding 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 | 11 | | service" means any interaction with a law enforcement agency, | 12 | | including, but not limited to, notice, stop, arrest or | 13 | | detention, conviction or charge, or calls to or response by a | 14 | | law enforcement agency or other emergency service. | 15 | | "Penalty against a landlord" includes, but is not limited | 16 | | to, an action against a landlord, including an actual or | 17 | | threatened denial or termination of a subsidized housing | 18 | | contract, in response to a landlord failing to implement or | 19 | | enforce an ordinance, resolution, policy, program, or other | 20 | | regulation prohibited by this Section. | 21 | | (b) Unless otherwise required by federal law, a housing | 22 | | authority may not adopt their own, nor enforce or implement a | 23 | | county's or municipality's ordinance, resolution, policy, |
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| 1 | | program, or other regulation affecting a tenancy that does any | 2 | | of 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 |
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| 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 | 8 | | court, including for injunctive relief, monetary relief, | 9 | | attorney's fees, and costs, against a housing authority to | 10 | | enforce the provisions of this Section. Nothing in this | 11 | | Section shall be read to allow an aggrieved party to file or | 12 | | sustain an action against a landlord, owner, management | 13 | | company, leasing agent, or real estate agent or any other | 14 | | person or entity other than the housing authority. | 15 | | (d) A home rule municipality may not have regulations that | 16 | | encourage or require housing authorities to act in a manner | 17 | | inconsistent with this Section. This Section is a limitation | 18 | | under subsection (i) of Section 6 of Article VII of the | 19 | | Illinois Constitution on the concurrent exercise by home rule | 20 | | units of powers and functions exercised by the State. | 21 | | Section 97. Severability. The provisions of this Act are | 22 | | severable under Section 1.31 of the Statute on Statutes. | 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.". |
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