Bill Text: IL HB4768 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Creates the Landlord Retaliation Act. Declares that it is against the public policy of the State for a landlord to take retaliatory action against a tenant. Prohibits a landlord from knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening to bring a lawsuit against a tenant for possessing or refusing to renew a lease or tenancy because the tenant has in good faith has taken certain actions, including but not limited to (i) complaining of code violations applicable to the premises to the relevant governmental agency responsible for enforcement of a building, housing, health, or similar code; (ii) complaining of a building, housing, health, or similar code violation, or an illegal landlord practice to a community organization or the news media; or (iii) complaining or requesting the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement. Creates remedies for violation by a landlord including damages, punitive damages, or recovering possession of the premises. Creates an affirmative defense under the Code of Civil Procedure in eviction actions if a landlord violates the Landlord Retaliation Act. Repeals the Retaliatory Eviction Act. Makes other changes.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0831 [HB4768 Detail]
Download: Illinois-2023-HB4768-Chaptered.html
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| Public Act 103-0831 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Landlord Retaliation Act.
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Section 5. Prohibition on retaliatory conduct by landlord. | ||||
It is declared to be against public policy of the State for a | ||||
landlord to take retaliatory action against a tenant. A | ||||
landlord may not knowingly terminate a tenancy, increase rent, | ||||
decrease services, bring or threaten to bring a lawsuit | ||||
against a tenant for possession or refuse to renew a lease or | ||||
tenancy because the tenant has in good faith done any of the | ||||
following: | ||||
(1) complained of code violations applicable to the | ||||
premises to the relevant governmental agency, elected | ||||
representative, or public official charged with | ||||
responsibility for enforcement of a building, housing, | ||||
health, or similar code; | ||||
(2) complained of a building, housing, health, or | ||||
similar code violation or an illegal landlord practice to | ||||
a community organization; | ||||
(3) sought the assistance of a community organization | ||||
to remedy a code violation or illegal landlord practice; | ||||
(4) complained or requested the landlord to make | ||
repairs to the premises as required by a building code, | ||
health ordinance, other regulation, or the residential | ||
rental agreement; | ||
(5) organized or become a member of a tenants' union | ||
or similar organization; | ||
(6) testified in any court or administrative | ||
proceeding concerning the condition of the premises; or | ||
(7) exercised any right or remedy provided by law.
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Section 10. Remedies for violation of this Act. If the | ||
landlord acts in violation of this Act, the tenant has a | ||
defense in any retaliatory action against the tenant, and a | ||
landlord shall be subject to a civil action for damages and | ||
other appropriate relief, including, but not limited to, the | ||
following remedies: | ||
(1) terminate the rental agreement and, if the rental | ||
agreement is terminated, the landlord shall return all | ||
security and interest recoverable under the Security | ||
Deposit Return Act and all prepaid rent; | ||
(2) recover possession of the premises if the landlord | ||
has dispossessed, threatened to dispossess, or is in the | ||
process of dispossessing; and | ||
(3) recovery of an amount equal to and not more than 2 | ||
months' rent or 2 times the damages sustained by the | ||
tenant, whichever is greater, and reasonable attorney's | ||
fees.
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Section 15. Non-retaliatory actions. An action is not | ||
retaliatory if the landlord can prove a legitimate, | ||
non-retaliatory basis for the action; or the landlord began | ||
the action before the tenant engaged in the protected | ||
activity.
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Section 20. Rebuttable presumption. In an action by or | ||
against the tenant, if within one year before the alleged act | ||
of retaliation there is evidence that the retaliation was | ||
against tenant's conduct that is protected under this Act, | ||
that evidence creates a rebuttable presumption that the | ||
landlord's conduct was retaliatory. The presumption does not | ||
arise if the protected tenant activity was initiated after the | ||
alleged act of retaliation.
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