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Public Act 101-0439
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| SB1290 Enrolled | LRB101 08668 LNS 53752 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Immigrant Tenant Protection Act.
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Section 5. Definitions. In this Act: |
"Dwelling unit" means a room or suite of rooms, a |
manufactured home rental unit or lot as defined in Section 3 of |
the Mobile Home Landlord and Tenant Rights Act, or other |
residential real estate used for human habitation, and for |
which a landlord and a tenant have a written or oral lease |
agreement. |
"Immigration or citizenship status" includes a person's |
actual or perceived immigration status or citizenship status. |
"Landlord" means the owner, agent, lessor, or sublessor, or |
the successor in interest of any of them, of a dwelling unit, |
or the building of which it is part, and any person authorized |
to exercise any aspect of the management of the premises, |
including any person who directly or indirectly receives rents |
and has no obligation to deliver the whole of the receipts to |
another person. "Landlord" includes the owner of a mobile home |
park. |
"Tenant" means a person entitled by written or oral |
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agreement, subtenancy approved by the landlord or by |
sufferance, or law to occupy a dwelling unit to the exclusion |
of others.
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Section 10. Prohibited conduct. |
(a) This Section does not prohibit a landlord from |
complying with any legal obligation under federal, State, or |
local law, including, but not limited to, any legal obligation |
under any government program that provides for rent limitations |
or rental assistance to a qualified tenant or a subpoena, |
warrant, or other court order. |
(b) This Section does not prohibit a landlord from |
requesting information or documentation necessary to determine |
or verify the financial qualifications of a prospective tenant. |
(c) This Section does not prohibit a landlord from |
delivering to the tenant an oral or written notice regarding |
conduct by the tenant that violates, may violate, or has |
violated an applicable rental agreement, including the lease or |
any rule, regulation, or law. |
(d) This Section does not enlarge or diminish a landlord's |
right to terminate a tenancy pursuant to existing State or |
local law, nor does this Act enlarge or diminish the ability of |
a unit of local government to regulate or enforce a prohibition |
against a landlord's harassment of a tenant. |
(e) Nothing in this Section prevents a landlord from |
seeking to collect rent due under the lease agreement. |
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(f) Except as otherwise provided in this Section, a |
landlord shall not: |
(1) unless required by law or court order, threaten to |
disclose or actually disclose information regarding or |
relating to the immigration or citizenship status of a |
tenant to any person, entity, or any immigration or law |
enforcement agency with the intent of harassing or |
intimidating the tenant, retaliating against the tenant |
for exercising his or her rights, or influencing the tenant |
to surrender possession; or |
(2) unless required by law or court order, bring an |
action to recover possession of a dwelling unit based |
solely or in part on the immigration or citizenship status |
of a tenant. |
(g) Any waiver of a right under this Act by a tenant is |
void as a matter of public policy.
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Section 15. Remedies. |
(a) If a landlord engages in prohibited conduct described |
in subsection (f) of Section 10 against a tenant, the tenant |
may bring a civil action to seek any one or more of the |
following remedies: |
(1) actual damages, as reasonably determined by the |
court, for injury or loss suffered; |
(2) a civil penalty in an amount not to exceed $2,000 |
for each violation, payable to the tenant; |
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(3) reasonable attorney's fees and court costs; and |
(4) other equitable relief as the court may deem |
appropriate and just. |
(b) The immigration or citizenship status of any person is |
irrelevant to any issue of liability or remedy in a civil |
action involving a tenant's housing rights. In proceedings or |
discovery undertaken in a civil action involving a tenant's |
housing rights, no inquiry shall be permitted into the tenant's |
immigration or citizenship status, except if: |
(1) unless otherwise provided in subsection (c), the |
claims or defenses raised by the tenant place the person's |
immigration or citizenship status directly in contention; |
or |
(2) the person seeking to make the inquiry demonstrates |
by clear and convincing evidence that the inquiry is |
necessary in order to comply with federal law. |
(c) The assertion of an affirmative defense to an eviction |
action under Section 9-106.3 of the Code of Civil Procedure |
does not constitute cause for discovery or other inquiry into a |
person's immigration or citizenship status.
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Section 97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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Section 905. The Code of Civil Procedure is amended by |
adding Section 9-106.3 as follows:
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(735 ILCS 5/9-106.3 new) |
Sec. 9-106.3. Affirmative defenses for retaliation on the |
basis of immigration status. |
(a) It is an affirmative defense to an action maintained |
under this Article if the court finds that: |
(1) the landlord's demand for possession is based |
solely or in part on the citizenship or immigration status |
of the tenant; or |
(2) the landlord's demand for possession is based |
solely or in part on the tenant's failure to provide a |
social security number, information required to obtain a |
consumer credit report, or a form of identification deemed |
acceptable by the landlord, and the lease with the tenant |
has commenced, and the tenant has taken possession. |
(b) This Section does not prohibit a landlord from |
complying with any legal obligation under federal, State, or |
local law, including, but not limited to, any legal obligation |
under any government program that provides for rent limitations |
or rental assistance to a qualified tenant or a subpoena, |
warrant, or other court order. |
(c) This Section does not prohibit a landlord from |
requesting information or documentation necessary to determine |
or verify the financial qualifications of a prospective tenant. |
(d) This Section does not prohibit a landlord from |
delivering to the tenant an oral or written notice regarding |
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conduct by the tenant that violates, may violate, or has |
violated an applicable rental agreement, including the lease or |
any rule, regulation, or law. |
(e) This Section does not enlarge or diminish a landlord's |
right to terminate a tenancy pursuant to existing State or |
local law, nor does this Section enlarge or diminish the |
ability of a unit of local government to regulate or enforce a |
prohibition against a landlord's harassment of a tenant.
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Section 910. The Mobile Home Landlord and Tenant Rights Act |
is amended by changing Section 16 as follows:
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(765 ILCS 745/16) (from Ch. 80, par. 216)
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Sec. 16. Improper grounds for eviction. The following |
conduct by a tenant
shall not constitute grounds for eviction |
or termination of the lease,
nor shall an eviction order be |
entered against a tenant:
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(a) As a reprisal for the tenant's effort to secure or |
enforce any rights
under the lease or the laws of the State |
of Illinois, or its governmental
subdivisions of the United |
States;
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(b) As a reprisal for the tenant's good faith complaint |
to a governmental
authority of the park owner's alleged |
violation of any health or safety
law, regulation, code or |
ordinance, or State law or regulation which has
as its |
objective the regulation of premises used for dwelling |