Bill Amendment: IL HB5574 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HOUSING-CRIMINAL RECORDS CHECK

Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5574 Detail]

Download: Illinois-2019-HB5574-House_Amendment_001.html

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Rep. Delia C. Ramirez

Filed: 5/15/2020

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AMENDMENT TO HOUSE BILL 5574
AMENDMENT NO. ______. Amend House Bill 5574 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
COVID-19 Emergency and Economic Recovery Renter and Homeowner
Protection Act.
Section 5. Purpose and findings. The purpose of this Act is
to protect renters, homeowners, and persons in need of housing,
based upon the following findings:
International, national, state, and local governments and
health authorities are responding to an outbreak of a disease
caused by the novel coronavirus referred to as COVID-19.
Minority households in the State of Illinois are at
disproportionate risk of exposure to and the contraction of
COVID-19 and to economic effects of this pandemic.
On March 12, 2020, the Governor of the State of Illinois

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issued a disaster declaration proclamation in Illinois because
of the threat of COVID-19.
On March 26, 2020, the President of the United States
declared that a major disaster exists in the State of Illinois
and ordered Federal assistance to supplement State, tribal, and
local recovery efforts in the areas affected by the COVID-19
pandemic beginning on January 20, 2020 and continuing.
On April 1, 2020, the Governor of the State of Illinois
issued a second disaster declaration proclamation in Illinois
because of the threat of COVID-19.
On April 30, 2020, the Governor of the State of Illinois
issued a third disaster declaration proclamation in Illinois
because of the threat of COVID-19.
The Centers for Disease Control and Prevention and the
Illinois Department of Public Health have issued
recommendations including, but not limited to, social
distancing, staying home if sick, shutting down all
nonessential businesses, canceling or postponing large group
events, working from home, and other precautions to protect
public health and prevent transmission of this communicable
virus.
Experts predict a vaccine will not be approved for at least
a year, and the World Health Organization has stated, "There is
currently no evidence that people who have recovered from
COVID-19 and have antibodies are protected from a second
infection."

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Because of the public health emergency and the precautions
recommended by health authorities, many residents and
businesses in the State of Illinois have experienced or expect
soon to experience sudden and unexpected income loss.
A quarter of this State's workforce is employed in
industries directly impacted by the closure of nonessential
services as recommended by health authorities, and
unemployment claims in this State are exceeding levels from the
2008 Great Recession.
Further long-term economic impacts are anticipated, with
reliable forecasts of 30% unemployment rate in the second
quarter of 2020, leaving residential and commercial tenants
vulnerable to eviction and homeowners vulnerable to
foreclosure.
The Governor of the State of Illinois has stated that
individuals exposed to COVID-19 may be temporarily unable to
report to work due to illness caused by COVID-19 or quarantines
related to COVID-19 and individuals directly affected by
COVID-19 may experience potential loss of income, health care
and medical coverage, and ability to pay for housing and basic
needs, thereby placing increased demands on already strained
regional and local health and safety resources, including
shelters and food banks.
Before COVID-19, over half of Illinois low-income renters
were already rent-burdened, and the rate of underwater
mortgages in Illinois was one of the highest in the nation.

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31% of adults in a nationally representative sample taken
during the pandemic report that they are worried that they
cannot pay rent, a mortgage, or utilities.
During this emergency and in the interest of protecting the
public health and preventing transmission of COVID-19, it is
essential to avoid unnecessary housing displacement to prevent
housed individuals from falling into homelessness.
On March 20, 2020, the Governor issued Executive Order
2020-10, which instructed authorities to cease enforcement of
orders for residential evictions.
On March 18, 2020, the Illinois Commerce Commission
required all private water, electric, and natural gas utilities
in Illinois to suspend service disconnections, waive
late-payment penalties, and implement temporary flexible
credit and payment procedures to ensure all customers remain
connected to essential utility service.
On April 23, 2020, the Governor issued Executive Order
2020-30, which further prohibited persons and entities from
commencing residential eviction actions in most cases and
ceasing the enforcement of eviction orders for most
nonresidential premises.
Unpaid rent, late fees, and court costs are currently
accruing against residential and commercial tenants and will be
demanded by landlords after the expiration of the emergency
period.
Public health is endangered if tenants will face immediate

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demand for the entire sum after the emergency period expires,
the courts are clogged with thousands of additional eviction
court filings, tenants leave their homes and enter into
homelessness in order to avoid an eviction filing, resulting in
a chaotic displacement process.
Involuntary displacement caused by an eviction interrupts
a child's education, causing the child to have lower school
achievement and delayed literacy skills and be more likely to
be truant, threatens the child's social and emotional security,
and adversely impacts families in the form of stress and
exposure to substandard housing with environmental hazards.
The State of Illinois needs to ensure that returning
citizens have fair and equitable access to housing, that
persons who have or who are perceived to have COVID-19 are
protected from housing discrimination, and that renters and
homeowners cannot be discriminated against for relying upon
third-party sources of financial support to pay their rent and
mortgages.
The State of Illinois deems it necessary to protect public
health, life, and property during this declared state of
emergency by protecting small business commercial and
residential tenants and homeowners from certain evictions and
foreclosures and other hardships during this public health and
economic crisis.
Section 10. Definitions. Unless the context clearly

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indicates otherwise, as used in this Act:
"COVID-19 emergency and economic recovery period" means
the period beginning on March 9, 2020, when the Governor issued
the first disaster proclamation for the State of Illinois to
address the circumstances related to COVID-19, and ending on
the first day of the month following a month in which both the
published statewide unemployment rate is no more than 1.5
percentage points higher than the statewide unemployment rate
for February 2020, and the published statewide unemployment
rate has decreased in 2 of the previous 3 months. However, if a
gubernatorial disaster proclamation issued to address
circumstances related to COVID-19 is still in effect on that
date, the COVID-19 emergency and economic recovery period
expires 45 days after that proclamation expires.
"COVID-19 related hardship" means any negative financial,
medical, or other impact on an individual or household because
of COVID-19 and associated governmental orders, including:
diagnosis of the individual or household member with COVID-19
or the advice to self-quarantine by a health care provider;
loss of income, furlough, hour reduction or other interruption
to employment due to workplace, school, and other facility
closures; or increased household, child care, health care, or
other expenses.
"Dwelling unit" means a building, structure, or part of a
building or structure or land appurtenant to a building or
structure, a unit or lot of a manufactured home as defined in

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Section 3 of the Mobile Home Landlord and Tenant Rights Act, or
other residential real estate used or held out for human
habitation, together with all common areas and storage areas
held out for use by the resident.
"Eviction" or "to evict" means using any judicial or
nonjudicial means to involuntarily remove a resident from a
dwelling unit or a small business commercial premises,
including, but not limited to:
(1) issuing an eviction notice or other notice to
terminate a tenancy;
(2) filing, serving, or other otherwise initiating a
judicial eviction action;
(3) prosecuting a pending eviction action, other than
as necessary to request a continuance or suspension of the
matter or to comply with an order of the tribunal; or
(4) seeking or causing any order for the physical
eviction of a resident to be executed.
"Eviction action" means any judicial or administrative
proceeding that seeks recovery of possession of a dwelling unit
or small business commercial premises from a resident.
"Eviction order" means any order entered in an eviction
action that directs or authorizes the removal of a resident
from a dwelling unit or a small business commercial premises.
"Eviction order" does not include an order entered to remove a
resident who is the perpetrator of violence in order to protect
another resident or tenant from domestic violence, sexual

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violence, dating violence, or stalking. "Eviction order" does
not include an order restoring a resident to possession of the
dwelling unit entered under subsection (e) of Section 35.
"Eviction notice" means any notice directing a resident to
vacate the dwelling unit or small business commercial premises
or otherwise purporting to terminate a tenancy.
"Fund" means the Residential Housing Relief Fund created
under Section 15.
"IHDA" or "Department" means the Illinois Housing
Development Authority.
"Landlord" means an owner of record, agent, lessor,
sublessor, court-appointed receiver or master, mortgagee in
possession, or the successor in interest of any of them of a
dwelling unit or the building of which it is a part and any
person authorized to exercise any aspect of the management of
the premises. "Landlord" includes any person who directly or
indirectly receives rents and has no obligation to deliver the
whole of the receipts to another person. "Landlord" also
includes the owner of a mobile home park.
"Material economic hardship" means that a landlord
enduring the hardship would have to limit spending on household
necessities. "Material economic hardship" does not include
reduction in savings, profit margins, discretionary spending,
or nonessential assets. If a landlord is a limited liability
company, the assets and liabilities of the landlord shall be
adjudged with consideration of its individual members, parent

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companies, umbrella, and series corporations and related
organizations.
"Material violation" means, except as provided by federal
law, a substantial violation of a material term of the rental
agreement. "Material violation" does not include a tenant's
failure to pay rent or other amounts due under the rental
agreement or the tenant's failure to surrender possession after
the expiration of the rental agreement.
"Moratorium" means the 180-day period beginning on the
effective date of this Act.
"Premises" means the dwelling unit and the building or
structure of which it is a part, facilities and appurtenances
therein, and grounds, areas, and facilities held out for the
use of residents.
"Rental agreement" means every letting or lease, whether by
written or verbal agreement, of a dwelling unit or small
business commercial premises.
"Residential landlord" means an owner of record, agent,
lessor, sublessor, court-appointed receiver or master,
mortgagee in possession, or the successor in interest of any of
them of a dwelling unit or the building of which it is a part,
and any person authorized to exercise any aspect of the
management of the premises. "Residential landlord" includes
any person who directly or indirectly receives rents and has no
obligation to deliver the whole of the receipts to another
person. "Residential landlord" also includes the owner of a

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mobile home park.
"Residential tenant" means a person entitled by written or
verbal agreement, subtenancy approved by the landlord, or by
sufferance to occupy a dwelling unit to the exclusion of
others. "Residential tenant" includes members of a tenant's
household occupying the dwelling unit.
"Small business commercial landlord" means an owner of
record, agent, lessor, sublessor, court-appointed receiver or
master, mortgagee in possession, or the successor in interest
of any of them of a small business commercial premises or the
building of which it is a part and any person authorized to
exercise any aspect of the management of the premises. "Small
business commercial landlord" includes any person who directly
or indirectly receives rents and has no obligation to deliver
the whole of the receipts to another person.
"Small business commercial premises" means any parcel of
real property that is developed and used either in part or in
whole for commercial purposes by a business that is not a part
of a multinational corporation, has less than 25 employees, and
the average income per employee is $50,000 or less.
"Small business commercial tenant" means a commercial
tenant that is not a part of a multinational corporation, has
less than 25 employees, and the average income per employee is
$50,000 or less.
"Statewide unemployment rate" means the official
seasonally adjusted unemployment rate provided by the U.S.

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Bureau of Labor Statistics and published monthly by the
Illinois Department of Economic Security.
"Tenancy" means the occupation or use of a dwelling unit
under a rental agreement.
"Tenant" means a resident or occupant of a dwelling unit.
Section 15. Residential rent and mortgage cancellation and
relief.
(a) Subject to appropriation in furtherance of subsection
(c), there is hereby declared a cancellation of rental debt
accrued to any residential tenant in this State who has
experienced a COVID-19 related hardship during the moratorium.
(a-5) The following prohibitions apply:
(1) No residential landlord shall charge a fine or fee
to a residential tenant for nonpayment of rent in
accordance with subsection (a), including late fees and
liquidated or other damages, and the nonpayment of rent
shall not be grounds for the issuance of any eviction
notice or initiation of any eviction action.
(2) No residential tenant may be treated by any
individual or entity as accruing any debt because of the
cancellation of rent under subsection (a).
(3) No residential tenant may be held liable by any
person or entity for repayment of any amount of rent
canceled under subsection (a).
(4) The nonpayment of rent by a residential tenant

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shall not be reported to a consumer reporting agency or
tenant screening agency, nor shall the nonpayment
adversely affect a residential tenant's credit score.
(b) To the extent permitted by federal law, and subject to
appropriation in furtherance of subsection (c), the obligation
of each mortgagor to make mortgage payments of principal and
interest that come due during the moratorium are hereby
canceled to any mortgagor in this State who has experienced a
COVID-19 related hardship during the moratorium.
(c) The Illinois Housing Development Authority shall
establish a Residential Housing Relief Fund to provide payments
under this Section to:
(1) compensate residential landlords and mortgagees
for certain rental and mortgage amounts cancelled under
subsections (a) and (b);
(2) provide assistance to residential tenants who need
to move;
(3) provide assistance to mortgagors unable to make
certain mortgage payments after the moratorium expires;
and
(4) provide assistance to residential tenants who are
unable to make certain rental payments after the moratorium
expires.
(d) IHDA shall allocate funds to local administering
agencies for distribution to residential landlords,
residential tenants, and mortgagors of dwelling units subject

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to subsections (a) and (b) and further administrative
requirements as set forth by IHDA.
(e) IHDA shall develop standards by which to determine the
priority of payments under this Section. The standards shall
prioritize funding eligibility in the following manner:
(1) Prioritize residential landlords that demonstrate
that rent cancellation created a material economic
hardship.
(2) Prioritize mortgagors who are at risk of
foreclosure, despite the protections in Section 25, due to
a COVID-19 related hardship, as well as mortgagors whose
secured property is in a neighborhood or zip code
experiencing high levels of poverty when compared to the
State as a whole.
(3) Prioritize residential tenants at or below 60% of
the median family income for the area of the local
administering agency.
(4) Prioritize State or other funds for residential
landlords, mortgagees, or residential tenants not eligible
for federal funds.
(f) The Department and local administering agencies may
provide payments under this Section only with respect to
residential landlords who enter into binding agreements with
the Department or local administering agencies to ensure that,
during the period that a residential landlord receives payment
under this Section for occupancy of a dwelling unit, the

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landlord complies with the requirements of this Section. If a
residential landlord violates any requirement with respect to a
covered rental dwelling unit under any certification or
agreement entered into pursuant to this subsection, the
Department or the local administering agencies shall have the
right to recapture from the residential landlord an amount
equal to the entire amount of assistance provided under this
Section that is attributable to the dwelling unit and deposit
the recaptured amount into the Fund.
(f-5) During the COVID-19 emergency and economic recovery
period, a residential landlord receiving relief under this
Section may not report the residential tenant of the dwelling
unit to a debt collector or provide any adverse information
regarding the residential tenant to any credit reporting
agency.
(g) The amount of a payment under this Section may not
exceed the aggregate amount of rent for the dwelling unit
suspended pursuant to subsection (a) and attributable only to
days during the moratorium that the dwelling unit was occupied
by a residential tenant otherwise required to pay rent.
(h) The amount of payment with respect to a covered
dwelling unit shall be reduced by the amount of payment made to
the landlord from the Residential Housing Relief Fund in
connection to the tenant's use and occupancy.
(i) This Section is subject to appropriation.

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Section 20. Foreclosure moratorium.
(a) Notwithstanding any provision of the Illinois Mortgage
Foreclosure Law, beginning on the effective date of this Act
and for the moratorium, unless a shorter time is required by
federal law, a mortgagee, servicer, creditor, or trustee, for
the purposes of foreclosure of residential real estate as
defined by Section 15-1219 of the Code of Civil Procedure, may
not:
(1) initiate or continue a foreclosure action;
(2) cause notice of a foreclosure to be published;
(3) exercise the power of a judicial sale; or
(4) pursue an eviction order or execution thereof.
(b) All time deadlines related to the foreclosure
proceeding, including the running of any redemption period, is
tolled for the duration of the moratorium.
(c) Each judicial circuit shall establish a foreclosure
mediation program consistent with Illinois Supreme Court Rule
99.1, to begin upon the expiration of the moratorium.
(d) Notwithstanding any provision of the Condominium
Property Act or any other provision of Illinois law, the board
of managers of a condominium association may not, for the
duration of the COVID-19 emergency and economic recovery
period:
(1) impose charges or levy fines against any unit owner
who fails to make any payment of the common expenses when
due;

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(2) record a lien against the property interest of a
unit owner who fails to make any payment of the common
expenses when due; or
(3) evict a homeowner or residential tenant for a
COVID-19 related hardship.
Section 25. Homeowner protections.
(a) Notwithstanding any provision of the Residential
Mortgage License Act of 1987 or any other provision of State
law, during the COVID-19 emergency and economic recovery
period, each entity that holds mortgage servicing rights,
including entities that service their own loans, to a
residential mortgage loan under the jurisdiction of the
Department of Financial and Professional Regulation shall
develop a forbearance program for borrowers within 45 days of
the effective date of this Act that, at a minimum:
(1) grants at least a 180-day forbearance period to
make ongoing installment payments for all applicable
principal, interest, taxes, insurance, and association
fees, renewable for one additional period of 180 days, of
mortgage payments for borrowers;
(2) waives any late fee, processing fee, penalties, or
other charges due to failure to make scheduled payments in
connection with forbearance or any other fees accrued
during the pendency of the forbearance period or public
health emergency; and

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(3) does not report to a credit reporting agency any
delinquency or other derogatory information as a result of
the deferral.
The forbearance program shall be provided to borrowers who
request forbearance and affirm that they are experiencing a
COVID-19 related hardship.
(b) The mortgage servicer shall establish application
criteria and procedures for borrowers to apply for loss
mitigation options following the termination of the
forbearance program that requires that either:
(1) the loan repayment term shall be extended in
monthly increments to match the number of delinquent
payments in order to maintain pre-forbearance payment
levels;
(2) the loan shall be modified by capitalizing the
deferred arrearages into the principal balance and
extending the loan repayment term to reach an affordable
payment for the borrower;
(3) the forborne principal, interest, and escrow
advances be converted to a non-interest-bearing lien
payable when the property is sold or the loan is paid off;
or
(4) forgives the forborne payments in full.
(c) In response to a borrower inquiry about forbearance
options and before approving a request for forbearance, the
mortgage servicer shall provide the borrower with a complete

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and accurate description of the forbearance options and
procedures for requesting forbearance that includes a
description of the post-forbearance options for reinstatement
of the mortgage loan. This written notice shall be provided in
7 days and in English and Spanish and any other language the
servicer regularly uses to communicate with the borrower.
(d) The mortgage servicer shall approve each application
for post-forbearance loss mitigation in which a borrower:
(1) affirms to the mortgage servicer that they have
suffered a COVID-19 related hardship, including an
existing delinquency or future ability to make payments;
and
(2) affirms the ability to pay the forbearance payment
through one of the options in subsection (b).
(e) A mortgage servicer who receives a request for
forbearance pursuant to this Section shall retain the request,
whether approved or denied, for at least 3 years after final
payment is made on the mortgage or the mortgage is sold,
whichever occurs first. Upon request, a mortgage servicer shall
make an application for forbearance available to the Secretary
of Financial and Professional Regulation.
(f) A mortgage servicer may not require a lump sum payment
of the principal, interest, and escrow amounts from any
borrower making payments under a forbearance payment program
pursuant to subsection (b), subject to investor guidelines,
unless the lump sum payment is due at the end of the loan term

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or upon the sale, transfer, or refinance of the loan.
Only servicers and lenders that can establish to the
satisfaction of the Secretary of Financial and Professional
Regulation that they are contractually barred from providing
the forbearance relief shall be exempted from compliance with
this Section. The servicer shall inform the borrower and the
Secretary of Financial and Professional Regulation of any
exemption claim at the time of the borrower's request for
relief. The servicer shall document the exemption claim with
reference to specific contract provisions applicable to the
loan.
(g) A person or business whose request for forbearance is
denied may file a written complaint with the Secretary of
Financial and Professional Regulation. The Secretary of
Financial and Professional Regulation is authorized to
investigate the complaint in accordance with Section 4-6 of the
Residential Mortgage License Act of 1987. Nothing in this
subsection shall limit the borrower's rights with respect to
Section 110.
(h) A borrower receiving a mortgage forbearance pursuant to
subsection (b) on a property that has a tenant shall reduce the
rent charged for the property to any tenant during the period
in which there is mortgage forbearance in place in an amount
proportional to the reduced mortgage amount paid by the
borrower to the mortgage servicer. The borrower shall notify
the tenant or tenants in writing of the forbearance, explaining

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with specificity the rent reduction, within 30 days of approval
of the forbearance.
(i) To the extent necessary to conform to this Section, the
exemptions in subsection (d) of Section 1-4 of the Residential
Mortgage License Act of 1987 are waived for the duration of the
COVID-19 emergency and economic recovery period.
Section 30. Eviction provisions preempted. For the
duration of the COVID-19 emergency and economic recovery
period, Article IX of the Code of Civil Procedure is preempted
only to the extent that any of its provisions conflict with any
provision of this Act.
Section 35. Moratorium on residential and small business
commercial premises eviction; enforcement; expiration.
(a) There is hereby declared a moratorium on evictions from
residential and small business commercial premises in this
State that shall remain in effect until the expiration of the
moratorium.
(b) Except as provided in subsection (c), during the
moratorium:
(1) No person or entity shall evict or attempt to evict
a residential tenant or small business commercial tenant
from a dwelling unit or small business commercial premises.
(2) Any eviction notice issued during the moratorium is
invalid and shall not be deemed to have terminated the

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residential or small business commercial tenancy.
(3) No court shall accept any filing, including a
complaint, summons, or motion, other than those authorized
under subsection (c), in an eviction action, or hear or
decide any matter, or enter a judgment in favor of the
plaintiff for eviction, rent, or other remedies that may
have otherwise been permitted by law. Any deadline or
period for action by a party to an eviction action,
including the time to appeal a judgment, is tolled during
the moratorium.
(4) No sheriff, local law enforcement officer, or any
other person or entity may serve process or attempt to
serve process for an eviction action. Any process served
during the moratorium is insufficient service of process
and will not confer jurisdiction on the court.
(c) This moratorium does not prevent a residential landlord
from taking any legal action to protect other residential
tenants by evicting or otherwise barring from the premises any
person who poses a credible threat of violence to other
residential tenants at the premises.
(d) This Act shall not be interpreted as restricting or
eliminating a residential tenant's ability to file and a
court's ability to hold a hearing and issue a ruling on a
motion to seal under Section 60.
(e) Any residential or small business commercial tenant
dispossessed of a dwelling unit or small business commercial

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premises in violation of subsection (b) may bring an action in
a court of competent jurisdiction to regain possession of the
dwelling unit or small business commercial premises. Such a
claim shall constitute an emergency and shall be scheduled by
the court for a hearing as soon as practicable.
(f) Nothing in this Section prohibits:
(1) a residential or small business commercial tenant
from terminating a rental agreement in a manner otherwise
prescribed by contract or law; or
(2) the termination of a residential or small business
commercial tenancy by mutual agreement.
Section 40. Post-moratorium residential eviction actions
and process.
(a) After the expiration of the moratorium, a residential
landlord may only seek possession of a dwelling unit for just
cause and pursuant to advance written notice stating the cause
and terminating the rental agreement, as provided in Section
45. A residential landlord shall have just cause to seek
possession if:
(1) Rent that accrued after the expiration of the
moratorium is delinquent and the residential tenant fails
to pay the delinquent rent within 30 days of service of a
written notice under subsection (b) of Section 45. If the
rent, together with the filing fees and fees for service of
process, is paid before enforcement of the eviction order,

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then the residential landlord, within 7 days of payment,
shall file a motion with the court to vacate the eviction
order and to dismiss the court case.
(2) The residential landlord and residential tenant
have entered into an equitable and reasonable payment plan
and the residential tenant has failed to comply with the
terms of the payment plan within 14 days of written notice
under subsection (c) of Section 45. If the rent, together
with the filing fees and fees for service of process, is
paid before enforcement of the eviction order, then the
residential landlord, within 7 days of payment, shall file
a motion with the court to vacate the eviction order and to
dismiss the court case.
(3) The residential tenant commits a material
violation of the rental agreement and fails to cure the
violation within 30 days of service of a written notice
under subsection (d) of Section 45, or the residential
tenant has notified the residential landlord that the
violation is related to a COVID-19 related hardship but
fails to cure the violation within 60 days of the service
of the notice.
(b) No residential landlord shall issue an eviction notice
based on nonpayment of rent for the tenant's use and occupancy
of the dwelling unit that accrued during the moratorium, nor
may a residential landlord commence or maintain any eviction
action based on the nonpayment. Nothing in this Section

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prohibits a residential landlord from bringing a claim for
rental debt for the tenant's use and occupancy of the dwelling
unit that accrues after the expiration of the moratorium, in
the manner described in Illinois Supreme Court Rules 281
through 289.
(c) A residential landlord may not commence an eviction
action until the requirements of this Section have been
satisfied. Any action commenced without first satisfying the
requirements shall be dismissed, and the court file pertaining
to the action shall be ordered sealed by the court.
(d) A residential landlord shall notify a residential
tenant of the tenant's rights and obligations under this Act
not less than 60 days before termination of the residential
tenant's rental agreement, and not on a date before the
expiration of the moratorium. Such notice:
(1) Shall be in writing, headed in boldface 14-point
type, in the language the residential landlord commonly
uses to communicate with the residential tenant, titled
"Important Notice for Tenants", shall include the date the
notice was served, and shall state the following in
14-point type:
"This is not a notice to vacate the rental unit. Your
landlord cannot terminate your rental agreement or ask you
to leave until at least 60 days after [insert date of
service].
Your landlord cannot evict you or ask you to leave

10100HB5574ham001 - 25 - LRB101 19364 LNS 71973 a
your rental unit without just cause. Just cause means
failing to make rental payments or violating your lease.
Before your landlord can evict you, you must be given a new
notice that explains why you are being asked to leave and
that gives you a chance to stay in your housing.
Your landlord cannot evict you, tell you to leave, or
refuse to renew your tenancy based on any nonpayment of
rent during the [insert effective dates of the moratorium].
You have rights as a tenant if you are facing
financial difficulty from a COVID-19 related hardship or
were otherwise impacted by the government stay-at-home
order, including income lost due to workplace closures and
increased household expenses, such as child care and health
care expenses, as well as other reasonable expenditures.
Your landlord has the obligation to seek rent
forgiveness from the Residential Housing Relief Fund for
any rent due during the period of [insert effective dates
of the moratorium] that you were unable to pay due to
COVID-19. Your landlord must provide you with a copy of
this paperwork when submitting an application related to
your tenancy to the Residential Housing Relief Fund.
You have a right to ask for a fair and reasonable
payment plan. If you continue to face financial
difficulties due to COVID-19 or if you owe rent from before
[insert date the moratorium started], you may have the
right to repay any rent you owed through a repayment plan

10100HB5574ham001 - 26 - LRB101 19364 LNS 71973 a
in order to preserve your tenancy.
You should seek free legal help. You may wish to
contact a lawyer at your local legal aid or housing
counseling agency to discuss any rights you may have under
the COVID-19 Emergency and Economic Recovery Renter and
Homeowner Protection Act."
(2) Shall be served, in accordance with subsection (e)
of Section 45, at least 60 days before the date of the
service of any eviction notice to a residential tenant or
occupant.
(e) A residential landlord shall provide the tenant with a
written or electronic statement showing all debits and credits
over the COVID-19 emergency and economic recovery period or the
past 12 months, whichever is longer, that clearly identifies
the amount of rent cancelled under Section 15 and the amount of
the tenant's rent deficiency that the tenant must pay in order
to preserve the tenancy:
(1) within 10 days of receiving a request for such a
written statement from a residential tenant; or
(2) when the residential landlord serves the tenant
with an eviction notice as required under subsections (b)
and (c) of Section 45.
(f) Upon the receipt of an oral or written request for a
repayment plan or to terminate the rental agreement from a
residential tenant experiencing a COVID-19 related hardship or
notification from the tenant that he or she is experiencing a

10100HB5574ham001 - 27 - LRB101 19364 LNS 71973 a
COVID-19 related hardship, a residential landlord shall
deliver a written offer to the tenant of the election to
either:
(1) terminate the rental agreement and deliver
possession of the rental unit within 60 days of delivery of
the residential landlord's written offer; or
(2) enter into and participate in an equitable and
reasonable payment plan, as defined in subsection (g).
(g) An agreement is presumptively an equitable and
reasonable payment rent plan if:
(1) the residential tenant demonstrates that a
COVID-19 related hardship existed during all or some of the
time during which the rent went unpaid;
(2) only the agreed rental amount due to the
residential tenant's use and occupancy for the covered
months shall be due; costs, including late fees, shall not
be permitted, nor shall rental increases that occurred
during the COVID-19 Emergency Economic Recovery Period be
assessed;
(3) the residential tenant is entitled to no less than
12 months to pay the back rent;
(4) the rent is due at the most convenient time for the
residential tenant, with regard to the residential
tenant's expenditure and income schedule;
(5) the residential tenant does not waive any right or
claim guaranteed by federal, State, or local law;

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(6) the residential tenant is permitted at least 14
days to cure any default after notice of overdue rent is
given; and
(7) the total rental debt accrued each month that the
residential tenant experienced a COVID-19 related hardship
is reduced by up to 50%, such that the residential tenant's
total monthly rental obligation under the payment plan, and
including the rent due prospectively, is no greater than
one-third of the residential tenant's household income.
(h) If the residential tenant fails to make an election
pursuant to subsection (f) within 30 days of service of the
written offer or makes an election to terminate his or her
rental agreement but fails to deliver possession of the
dwelling unit within 60 days of the residential landlord's
written offer, the residential landlord may proceed to
terminate the residential tenant's rental agreement, but only
if the residential landlord has complied with this Section, and
there is just cause to terminate the rental agreement.
(i) If the residential landlord has complied with this
Section, a residential landlord may only terminate a rental
agreement for just cause by serving a new eviction notice under
Section 45.
Section 45. Notice and service of notice requirements for
residential tenants.
(a) An eviction notice, including a notice to terminate a

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rental agreement, shall:
(1) be served, as described in subsection (e), to the
residential tenant;
(2) state the date on which the notice was served;
(3) describe the dwelling unit with reasonable
specificity;
(4) include the name of the residential landlord or the
authorized agent, along with his or her phone number,
address, and email address;
(5) be signed by an authorized agent;
(6) state that the residential tenant may have rights
and defenses if impacted by the COVID-19 related hardship;
and
(7) state that the residential tenant should seek help
from a lawyer, especially from a local legal aid
organization that provides free legal services.
(b) If a residential landlord terminates a rental agreement
under paragraph (1) of subsection (a) of Section 40, the notice
shall:
(1) specify the amount of rent due and each pay period
for which rent is demanded;
(2) append a current accounting statement as required
by subsection (e) of Section 40;
(3) state that the rental agreement will terminate on a
designated date not less than 30 days after service of the
notice;

10100HB5574ham001 - 30 - LRB101 19364 LNS 71973 a
(4) state that the rental agreement will not be
terminated if the residential tenant pays the amount
demanded in the notice by a designated date no less than 30
days after service of the notice;
(5) notify the residential tenant that he or she may
request an equitable and reasonable payment plan from the
residential landlord if impacted by a COVID-19 related
hardship; and
(6) state that the residential tenant may reinstate the
rental agreement and cause the eviction action to be
dismissed if, before enforcement of the eviction order, the
residential tenant pays all rents due and any court filing
fees the residential landlord has incurred as of the date
the payment is made.
(c) If a residential landlord terminates a rental agreement
under paragraph (2) of subsection (a) of Section 40, the notice
shall:
(1) specify the amount of rent due and each pay period
for which rent is demanded;
(2) append a current accounting statement as required
by subsection (e) of Section 40;
(3) append the equitable and reasonable payment plan,
as defined by subsection (g) of Section 40;
(4) state that the rental agreement will terminate on a
designated date not less than 14 days after service of the
notice;

10100HB5574ham001 - 31 - LRB101 19364 LNS 71973 a
(5) state that the rental agreement will not be
terminated if the residential tenant pays the amount
demanded in the notice by a designated date no less than 14
days after service of the notice; and
(6) state that the residential tenant may reinstate the
rental agreement and cause the eviction action to be
dismissed if, before enforcement of the eviction order, the
residential tenant pays all rents due and any court filing
fees the landlord has incurred as of the date the payment
is made.
(d) If a residential landlord terminates a rental agreement
under paragraph (3) of subsection (a) of Section 40, the notice
shall:
(1) specify the acts and omissions constituting a
material violation of the terms of the rental agreement;
(2) state that the lease or tenancy will terminate on a
designated date not less than 30 days after service of the
notice;
(3) state that the material violation may be cured by a
designated date not less than 30 days after service of the
notice;
(4) state that if the violation of the rental agreement
is, directly or indirectly, a result of a COVID-19 related
hardship and the residential landlord is provided
notification of such, the violation may be cured by a
designated date not less than 60 days after service of the

10100HB5574ham001 - 32 - LRB101 19364 LNS 71973 a
notice.
(e) The notices required under this Act shall be served by:
(1) delivering a copy of the notice to the residential
tenant;
(2) leaving a copy of the notice with some person of
the age of 13 years or older who resides in the residential
tenant's dwelling unit; or
(3) sending a copy of the notice by certified mail or
first-class mail, return receipt requested, to each
residential tenant or occupant and addressed to each known
residential tenant.
Section 50. Equitable and reasonable payment plan for
residential evictions.
(a) In any eviction action in which the residential
landlord is seeking possession on the basis of nonpayment under
paragraph (1) of subsection (a) of Section 40 or noncompliance
with an equitable and reasonable payment plan under paragraph
(2) of subsection (a) of Section 40, the court shall determine
whether the parties, before the filing of the action entered
into an equitable and reasonable payment plan, as defined by
subsection (g) of Section 40.
(1) If an equitable and reasonable payment plan was entered
into but the plan does not comply with the requirements of
subsection (g) of Section 40, the court shall either modify the
plan to comply with the requirements or dismiss the eviction

10100HB5574ham001 - 33 - LRB101 19364 LNS 71973 a
action with prejudice.
(2) If an equitable and reasonable payment plan was entered
into and the plan complies with the requirements of subsection
(g) of Section 40, then the court shall continue the case for 2
weeks.
(3) If an equitable and reasonable payment plan was not
entered into, the court shall refer the parties to mediation or
otherwise assist the parties in creating a plan. However, the
court shall first review the history of negotiations and
communications between the parties regarding the terms of a
payment plan. If the court finds that the landlord acted in bad
faith in attempting to reach an agreed equitable and reasonable
payment plan, or acted recklessly with regard to informing the
tenant of the tenant's rights to a payment plan in conformance
with subsection (g) of Section 40, then the action shall be
dismissed with prejudice.
(b) The landlord shall have the burden of proving the
tenant's noncompliance with an equitable and reasonable
payment plan by clear and convincing evidence, and the tenant
shall have an opportunity to present a defense.
Section 55. Pleadings for residential evictions.
(a) An eviction complaint seeking possession of a dwelling
unit shall state at least the following:
(1) that the plaintiff or plaintiffs are entitled to
the possession of the premises (describing the premises

10100HB5574ham001 - 34 - LRB101 19364 LNS 71973 a
with reasonable certainty);
(2) that the defendant (naming the defendant) is
unlawfully withholding the possession thereof from the
plaintiff or plaintiffs;
(3) the capacity in which the plaintiff brings the
eviction action (indicate whether the plaintiff is the
legal holder of the title, an agent, the trustee under a
trust deed or otherwise, as appropriate);
(4) facts supporting any claim that the defendant is
unlawfully withholding possession, including the basis for
the landlord's demand for possession;
(5) proof of service of the notice required under
subsection (d) of Section 40 (here indicate how the notice
was served, who served the notice, and the date and time of
service, if not already apparent from the notice attached
in accordance with paragraph (2) of subsection (d));
(6) information about any offer to the tenant in
accordance with Section 40 to enter into an equitable and
reasonable payment plan, if offered; and
(7) proof of service of any eviction notice (here
indicate how the notice was served, who served the notice,
and the date and time of service, if not if not already
apparent from the notice attached in accordance with
paragraph (3) of subsection (d)).
(b) If the eviction complaint is based on the nonpayment of
rent pursuant to a notice under subsection (b) or (c) of

10100HB5574ham001 - 35 - LRB101 19364 LNS 71973 a
Section 45, the complaint shall also state:
(1) the frequency with which the rent is to be paid;
(2) the due date for each payment;
(3) the amount of rent due on each date;
(4) that nonpayment of late fees or charges is not in
whole or in part the basis of the plaintiff's eviction
action, and no late fees or charges were included in the
rent demand on the eviction notice served pursuant to
paragraphs (1) and (2) of subsection (a) of Section 40;
(5) the total amount of rents, late fees, and other
fees, charges, or damages permitted by law that are due on
the date of filing; and
(6) if the residential tenant requested a payment plan
or rental agreement termination under Section 40, the date
of that request, the date of the offer by the residential
landlord, and whether the residential tenant responded.
(c) If the residential landlord's claim for possession is
based on other reasons permitted by law other than the
nonpayment of rent, the complaint shall also state the reason
for the termination of the tenancy with specific facts,
including the date, place, and circumstances of the reason for
termination with enough specificity to provide the residential
tenant with an opportunity to prepare a defense.
(d) In addition to the requirements set forth in
subsections (a) through (c), the complaint in an eviction
action shall attach:

10100HB5574ham001 - 36 - LRB101 19364 LNS 71973 a
(1) An affidavit, verified by the plaintiff or the
plaintiff's attorney, that states whether the dwelling
unit that plaintiff seeks possession of is a "covered
dwelling" within the meaning of Section 4024(a)(1) of the
Coronavirus Aid, Relief, and Economic Security Act (Pub. L.
116-136) and whether the premises of which the dwelling
unit is a part of is a "covered property" within the
meaning of Section 4024(a)(2) of the Coronavirus Aid,
Relief, and Economic Security Act.
(2) A true and accurate copy of any notices served
pursuant to subsection (d) of Section 40, if any.
(3) A true and accurate copy of any eviction notice
served, if any.
(4) A true and accurate copy of the written rental
agreement, or if none, an affidavit, verified by the
plaintiff, of the nature of the tenancy and its general
terms.
(5) If the residential landlord received a forbearance
for the dwelling unit or the property or premises in which
the dwelling unit is part of pursuant to Section 25, a true
and accurate copy of any notice confirming the forbearance
from the servicer or lender, or if no notice is received,
an affidavit certifying confirmation of the forbearance
and the terms therefor.
(e) Except as provided in subsection (f) and (g), the rules
of pleading and practice in other civil cases shall apply to

10100HB5574ham001 - 37 - LRB101 19364 LNS 71973 a
eviction actions, including the requirement to make
substantial allegations of fact necessary to state a cause of
action.
(f) The defendant may under a general denial of the
allegations of the complaint offer in evidence any matter in
defense of the action.
(g) A claim for rent may not be joined to the complaint,
nor may a separate action for rent be consolidated and no
judgment for rent may be entered in an eviction action.
Section 60. Residential eviction case sealing.
(a) The court file shall be sealed upon the commencement of
any residential eviction action during the COVID-19 emergency
and economic recovery period. If a residential eviction action
commenced during the COVID-19 emergency and economic recovery
period is pending on the effective date of this Act and is not
sealed, the court shall, upon the motion of either party or its
own motion, order the sealing of the court file.
(b) The court may, upon the motion of the either party or
its own motion, order the sealing of any court file in a
residential eviction action commenced before the COVID-19
emergency and economic recovery period, if the court finds:
(1) the residential tenant has established an
affirmative defense to the eviction action, including, but
not limited to, a defense under Section 65 or 90;
(2) the defendant has experienced a COVID-19 related

10100HB5574ham001 - 38 - LRB101 19364 LNS 71973 a
hardship; or
(3) the interests of justice in sealing the court file
outweigh the public interest in maintaining a public
record.
(c) Upon motion and order of the court, a sealed court file
may be made available for scholarly, educational,
journalistic, or governmental purposes only, balancing the
interests of the parties and the public in nondisclosure with
the interests of the requesting party. Identifying information
of the parties shall remain sealed, unless the court determines
that release of the information is necessary to fulfill the
purpose of the request. Nothing in this subsection shall permit
the release of a sealed court file or the information contained
therein for a commercial purpose.
Section 65. Affirmative defenses to residential evictions.
It is an affirmative defense to an eviction if the court finds
that:
(1) the residential landlord's demand for possession
is based in whole or in part upon violations of the
Illinois Human Rights Act;
(2) the residential landlord's demand for possession
is based upon rent or utilities being owed during the term
of the COVID-19 emergency and economic recovery period and
the residential tenant has experienced a COVID-19 related
hardship;

10100HB5574ham001 - 39 - LRB101 19364 LNS 71973 a
(3) the residential landlord's demand for possession
is based on rent nonpayment under paragraph(1) or (2) of
subsection (a) of Section 40, and the residential tenant
attempted to pay the full rent due at any point before the
entry of an eviction order;
(4) the residential landlord's demand for possession
is based in whole or in part on a refusal to accept rent or
rental assistance on behalf of the residential tenant from
any third-party source;
(5) the residential landlord received a mortgage
forbearance in accordance with Section 25, and the
residential landlord did not reduce the residential
tenant's rent in accordance therewith;
(6) the residential landlord's demand for possession
is based in whole or in part on the presence of an
unauthorized guest or occupant in violation of the lease
during the term of the COVID-19 emergency and economic
recovery period and the unauthorized guest or occupant is
present as a result of COVID-19 related hardship or a
shelter in place or other public health emergency order; or
(7) the residential landlord has engaged in an act or
actions in violation of Section 70, 75, 80, or 85.
Section 70. Prohibited fees, charges, and rent increases.
(a) During the moratorium, a residential landlord shall not
increase rent or provide notice of a rent increase under

10100HB5574ham001 - 40 - LRB101 19364 LNS 71973 a
Section 75.
(b) A residential landlord shall not charge, impose, or
collect any late fees, penalties, or other charges to a
residential tenant for any purpose, including as a result of
any late or unpaid rent, utility charges, or any other costs
associated with the use and occupancy of the dwelling unit that
accrued before the expiration of the moratorium, including the
residential landlord's attorneys' fees.
Section 75. Limitation on rent increase and recovery.
(a) From the date on which the moratorium expires through
the expiration of this Act, a residential landlord shall not,
during the course of any consecutive 12-month period, increase
a residential tenant's rent unless the landlord provides the
tenant with:
(1) 30 days' written notice before the effective date
of the change for any increase by less than 5%;
(2) 60 days' written notice before the effective date
of the change for any increase by 5% or more, but less than
10%;
(3) 90 days' written notice before the effective date
of the change for any increase by 10% or more, but less
than 15%; or
(4) 120 days' written notice before the effective date
of the change for any increase by 15% or more.
(b) During the COVID-19 emergency and economic recovery

10100HB5574ham001 - 41 - LRB101 19364 LNS 71973 a
period, a residential landlord shall not seek or be awarded
relief or damages pursuant to Section 9-202 or 9-203 of the
Code of Civil Procedure.
Section 80. Retaliation prohibited. During the COVID-19
emergency and economic recovery period, a residential landlord
shall not terminate or refuse to renew a rental agreement,
increase rent, decrease services, or bring or threaten to bring
an eviction action because:
(1) The residential tenant has in good faith complained
to the residential landlord, a governmental agency,
community organization, or the media about:
(A) housing, building, or health code violations
at the premises;
(B) violations of this Act by the residential
landlord; or
(C) a failure by the residential landlord to
comply with any gubernatorial disaster proclamation
that impacts the health, safety, or right to quiet
enjoyment of the residential tenant.
(2) The residential tenant has organized or become a
member of a tenants' union or similar organization.
(3) The residential tenant has performed or expressed
the intent to perform any other act for the purpose of
asserting, protecting, or invoking the protection of any
right secured to tenants under any federal, State, or local

10100HB5574ham001 - 42 - LRB101 19364 LNS 71973 a
law.
Section 85. Lockout prohibited.
(a) A residential landlord may not directly or indirectly
cause or threaten:
(1) The termination or interruption of any utility
service furnished to a dwelling unit, including water,
heat, light, electricity, gas, elevator, Internet, or
garbage collection services, regardless of whether the
utility service is under the control of, or payment is made
by, the residential landlord.
(2) The residential tenant to be without reasonable
access to the dwelling unit, including, without
limitation, by changing the locks, obstructing a door, or
using a boot lock or similar device.
(3) The removal of any outside door, lock, roof, wall,
or window of the dwelling unit.
(4) The removal of any of the residential tenant's
personal property from the dwelling unit.
(b) A residential landlord shall have an affirmative
defense to a claim brought under this Section if the
residential landlord shows, by a preponderance of the evidence,
that:
(1) the landlord acted in compliance with local, State,
and federal laws pertaining to eviction; and
(2) the sheriff of the county where the property is

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located was used to enforce an eviction order entered in a
judicial eviction action.
Section 90. Compliance deadlines for residential
evictions.
(a) For eviction actions wherein parties have compliance
deadlines during the COVID-19 emergency and economic recovery
period, it is an affirmative defense to a claim of
noncompliance if the court finds that one or more of the
following affected the residential tenant's ability to comply:
(1) The residential tenant experienced a COVID-19
related hardship; is over the age of 55; or is part of a
group deemed to be at higher risk for severe illness from
COVID-19.
(2) An executive order, shelter in place, or public
health emergency order restricting the movement of
persons, issued to slow the transmission of COVID-19,
prevented the residential tenant from meeting a compliance
deadline.
(b) When asserting one or more of the affirmative defenses
defined in subsection (a), any one of the following types of
evidence may be provided, at the residential tenant's election:
medical, employment, or other records showing the residential
tenant's COVID-19 related hardship; records showing that the
residential tenant is at a higher risk of severe illness from
COVID-19; or any other records or statements, oral or written,

10100HB5574ham001 - 44 - LRB101 19364 LNS 71973 a
supporting the affirmative defense.
(c) The residential tenant has the burden of proving an
affirmative defense under this Section by preponderance of the
evidence. Upon finding that the residential tenant has met this
burden:
(1) the court may reasonably extend any compliance
deadline; or
(2) the court may stay the enforcement of an eviction
order entered as a result of noncompliance for a period of
60 days, or any later date deemed reasonable by the court.
(d) If the residential tenant cures an alleged default, the
residential tenant, within the period of stay, may file a
motion to vacate the judgment in the court in which the
judgment was entered, and if the court, upon the hearing of a
motion, finds that the default has been cured, the court shall
vacate the judgment and the court file shall be sealed under
Section 60.
Section 95. Continuance to seek legal representation.
(a) In any eviction action, it is sufficient cause for a
continuance under Section 2-1007 of the Code of Civil Procedure
that a party requests a continuance to seek legal
representation, or if the party does not state a basis for his
or her request for a continuance, the court shall make an
inquiry into the reasoning therefor. The court, in its
discretion under Section 2-1007 of the Code of Civil Procedure,

10100HB5574ham001 - 45 - LRB101 19364 LNS 71973 a
may grant a continuance for 2 weeks or for a longer period as
the court determines is just.
(b) If a tenant's request for a continuance is denied, the
tenant may renew the motion before another judge, substituted
under Section 2-1001 of the Code of Civil Procedure or
otherwise assigned, without leave of court and at any time
before trial. A judicial ruling on a request for a continuance
does not constitute a decision of a substantial issue in the
case under Section 2-1001 of the Code of Civil Procedure.
Section 100. Fair housing protections.
(a) As used in this Section:
"COVID-19 disability" means any person who is diagnosed
with COVID-19, the illness caused by the SARS-CoV-2 virus,
expresses symptoms similar to those caused by COVID-19, is
regarded as having COVID-19, or who has been exposed to another
person diagnosed with COVID-19.
"Criminal record" means the record of an arrest, charge,
citation, or conviction; record of participation in a diversion
or deferral of judgment program; record of participation in
supervised release; juvenile record; or criminal history
record information ordered sealed, expunged, or impounded
under Section 5.2 of the Criminal Identification Act. For
purposes of this definition:
(1) "Conviction" means a judgment of liability entered
upon a plea, verdict, or finding of guilt for an offense,

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rendered by a legally constituted jury, court or
administrative authority of competent jurisdiction.
(2) "Offense" means a violation of any penal statute,
ordinance, law, or code of any jurisdiction.
(3) The "unlawful activity" exemption for arrest
records in Section 3.102-5 of the Human Rights Act shall
apply to criminal records.
"Occupation" means any lawful vocation, trade, profession,
or field of specialization.
"Source of income" means any lawful, verifiable, source of
income or housing assistance paid by the occupant or on the
occupant's behalf, including, but not limited to, federal,
state or local assistance, including medical assistance,
tenant-based federal, state or local subsidies, rental
assistance, rent supplements, and housing choice vouchers.
(b) It is a civil rights violation under the Illinois Human
Rights Act for an owner or any other person engaged in a real
estate transaction to engage in any activities prohibited by
Article 3 of the Illinois Human Rights Act on the basis of a
COVID-19 disability, criminal record, occupation, or source of
income.
(c) Notwithstanding subsection (k) of Section 3-102.1 of
the Illinois Human Rights Act, a dwelling may not be denied to
an individual, and a housing-related privilege or service may
not be diminished, if the tenancy or the provision of the
privilege or service would cause a direct threat to the health

10100HB5574ham001 - 47 - LRB101 19364 LNS 71973 a
or safety of others, unless the landlord has undertaken a
reasonable effort to make a reasonable accommodation in rules,
policies, practices, or services to ameliorate the direct
threat.
(d) Nothing in this Section shall be construed to deny or
otherwise limit any other protection or remedy available under
the Illinois Human Rights Act.
Section 105. Waiver prohibited. Any waiver of a right under
this Act by a tenant is void as a matter of public policy.
Section 110. Individual relief.
(a) Except under Section 90, an injured party may file an
action in a court of competent jurisdiction against a person
who violates this Act for any violations of this Act that
occurred during the COVID-19 emergency and economic recovery
period. If the alleged injury occurred under a Section of this
Act that expires at the end of the moratorium period, this
Section does not prohibit the party from filing the action
after the moratorium period expires, subject to any applicable
statute of limitations.
(b) An injured party may recover $1,000, or the actual and
consequential damages resulting from the injury, whichever is
greater, for each violation of this Act, as well as costs and
reasonable attorney's fees.
(c) If the violation is under Section 70, 80, or 85, the

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injured party may recover $2,000, or twice the actual and
consequential damages resulting from the injury, whichever is
greater, for each violation, as well as costs and reasonable
attorney's fees. If the injured party is over the age of 55,
has a disability as defined under the Illinois Human Rights
Act, or is suffering or caring for a household member suffering
from a life-threatening illness, as verified by a third-party
physician, then the damages shall be $3,000, or 3 times the
actual and consequential damages.
(d) The injured party may recover these damages by an
action at law or by a counterclaim in an eviction or any other
action brought against the injured party.
(e) In addition to damages, an injured party may seek
permanent or preliminary injunctive relief, or any other
appropriate legal remedy, to remedy a violation of this Act.
Section 115. Enforcement by Attorney General or State's
Attorney.
(a) Whenever the Attorney General or a State's Attorney has
reason to believe that any person is in violation of this Act,
and that proceedings would be in the public interest, he or she
may bring an action in the name of the People of the State
against the person by seeking a permanent or preliminary
injunction to restrain the violation.
(b) The Court, in its discretion, may exercise all powers
necessary, including, but not limited to: injunction;

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revocation, forfeiture or suspension of any license, charter,
franchise, certificate or other evidence of authority of any
person to do business in this State; appointment of a receiver;
dissolution of domestic corporations or associations;
suspension or terminations of the right of foreign corporations
to do business in this State; and restitution.
(c) In addition to any relief provided under subsections
(a) and (b), the Attorney General or State's Attorney may
request, and the Court may impose, a civil penalty in a sum not
to exceed $50,000 against any person found by the court to have
engaged in any violation of this Act.
Section 120. Sovereign immunity. Sovereign immunity is
waived with respect to any violation of this Act committed by a
public official or agency, including any public housing
authority.
Section 125. Conflict with federal law. Nothing with
respect to this Act conflicts with or is intended to conflict
with federal law.
Section 130. Repeal. This Act is repealed at the end of the
COVID-19 emergency and recovery period defined in Section 10.
Section 999. Effective date. This Act takes effect upon
becoming law.".