Bill Text: IL HB5156 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Tenants' Right to Organize Act. Provides that tenants receiving tenant-based rental assistance in the form of partial rent subsidy from any county, municipal, State, or federal source have the right to establish, operate, and participate in a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development. Provides that tenants may not be retaliated against for asserting these rights. Requires housing authorities to: (i) recognize legitimate tenant organizations; (ii) solicit comments from all legitimate tenant organizations not less than once each year; and (iii) meaningfully respond in writing no later than 60 days after receiving a comment from a legitimate tenant organization. Requires each owner of a rental housing development that receives federal low-income housing tax credits (LIHTC) to: (1) recognize legitimate resident organizations; and (2) not retaliate against any tenant because of his or her association with a legitimate resident organization. Requires housing authorities and owners of LIHTC rental housing developments to allow tenants and tenant organizers to conduct, without having to obtain prior permission, certain activities related to the establishment or operation of a tenant organization, including distributing leaflets, convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants, and other activities. Provides that if a housing authority or owner of a LIHTC rental housing development takes adverse action against a tenant who is a member of a tenant organization, there shall be a rebuttable presumption that such adverse action is an act of retaliation. Requires the Illinois Housing Development Authority to establish enforcement protocols and annually submit reports to the General Assembly with data summarizing the number of outstanding tenant complaints and the average close time for tenant complaints. Provides that implementation of the Act is contingent on the enactment of the federal Tenants' Right to Organize Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5156 Detail]

Download: Illinois-2023-HB5156-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5156 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
New Act
Creates the Tenants' Right to Organize Act. Provides that tenants receiving tenant-based rental assistance in the form of partial rent subsidy from any county, municipal, State, or federal source have the right to establish, operate, and participate in a resident organization for the purpose of addressing issues related to their living environment, which includes the terms and conditions of their tenancy as well as activities related to housing and community development. Provides that tenants may not be retaliated against for asserting these rights. Requires housing authorities to: (i) recognize legitimate tenant organizations; (ii) solicit comments from all legitimate tenant organizations not less than once each year; and (iii) meaningfully respond in writing no later than 60 days after receiving a comment from a legitimate tenant organization. Requires each owner of a rental housing development that receives federal low-income housing tax credits (LIHTC) to: (1) recognize legitimate resident organizations; and (2) not retaliate against any tenant because of his or her association with a legitimate resident organization. Requires housing authorities and owners of LIHTC rental housing developments to allow tenants and tenant organizers to conduct, without having to obtain prior permission, certain activities related to the establishment or operation of a tenant organization, including distributing leaflets, convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants, and other activities. Provides that if a housing authority or owner of a LIHTC rental housing development takes adverse action against a tenant who is a member of a tenant organization, there shall be a rebuttable presumption that such adverse action is an act of retaliation. Requires the Illinois Housing Development Authority to establish enforcement protocols and annually submit reports to the General Assembly with data summarizing the number of outstanding tenant complaints and the average close time for tenant complaints. Provides that implementation of the Act is contingent on the enactment of the federal Tenants' Right to Organize Act.
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A BILL FOR
HB5156 LRB103 38631 JRC 68768 b
AN ACT concerning housing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Tenants' Right to Organize Act.
Section 5. Public policy. It is declared to be the public
policy of this State that all members of a household,
regardless of immigration status, who are receiving or
benefiting from tenant-based rental assistance, have the right
to decent, safe, stable, and sanitary housing and the right to
organize for the purpose of addressing issues related to their
living environment.
Section 10. Definitions. As used in this Section:
"Housing authority" has the meaning ascribed to that
term in the Housing Authorities Act.
"Legitimate tenant organization" means an organization
of 3 or more tenants receiving tenant-based rental
assistance that has been established for the purpose as
described in Section 15.
"LIHTC rental housing development" means a multifamily
rental housing development that receives federal
low-income housing tax credits.

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"Low-income housing tax credit" or "LIHTC" means the
federal low-income housing tax credit provided by 26
U.S.C. 42, including federal low-income tax credits issued
pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4).
"Owner" means a person or entity that owns a dwelling
unit occupied by a tenant who receives rental assistance.
"Tenant organizer" means a tenant or non-tenant who
assists tenants in establishing and operating a tenant
organization and who is not an employee or representative
of current or prospective owners, managers, or their
agents.
Section 15. Right to organize. Tenants receiving
tenant-based rental assistance in the form of partial rent
subsidy from any county, municipal, State, or federal source
have the right to establish, operate, and participate in a
resident organization for the purpose of addressing issues
related to their living environment, which includes the terms
and conditions of their tenancy as well as activities related
to housing and community development. Tenants may not be
retaliated against for asserting these rights.
Section 20. Housing authorities. Each housing authority
shall:
(1) recognize legitimate tenant organizations;
(2) solicit comments from all legitimate tenant

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organizations not less than once each year; and
(3) meaningfully respond in writing no later than 60
days after receiving a comment from a legitimate tenant
organization.
Section 25. Owners of LIHTC rental housing developments.
Each owner of a LIHTC rental housing development shall:
(1) recognize legitimate resident organizations; and
(2) not retaliate against any tenant because of his or
her association with a legitimate resident organization.
Section 30. Protections.
(a) Each housing authority and owner of a LIHTC rental
housing development may not interfere with the right of
tenants to establish and operate a legitimate tenant
organization.
(b) Each housing authority and owner of a LIHTC rental
housing development shall allow tenants and tenant organizers
to conduct the following activities related to the
establishment or operation of a tenant organization:
(1) distributing leaflets in lobby areas;
(2) placing leaflets at or under tenants' doors;
(3) distributing leaflets in common areas;
(4) initiating contact with tenants;
(5) conducting door-to-door surveys of tenants to
ascertain interest in establishing a legitimate tenant

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organization and to offer information about tenant
organizations;
(6) posting information on bulletin boards;
(7) assisting tenants to participate in tenant
organization activities;
(8) convening regularly scheduled tenant organization
meetings in a space on-site and accessible to tenants in a
manner that is fully independent of management
representatives. To preserve the independence of tenant
organizations, management representatives may not attend
such meetings unless invited by the tenant organization to
specific meetings to discuss a specific issue or issues;
and
(9) other reasonable activities related to the
establishment or operation of a tenant organization.
(c) A housing authority or owner of a LIHTC rental housing
development may not require tenants or tenant organizers to
obtain prior permission before engaging in the activities
permitted under this Section.
(d) If a housing authority or owner of a LIHTC rental
housing development takes adverse action against a tenant who
is a member of a tenant organization, there shall be a
rebuttable presumption that such adverse action is an act of
retaliation relating to the participation of the tenant in the
tenant organization.

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Section 35. Enforcement protocol. No later than one year
after the effective date of this Act, the Illinois Housing
Development Authority shall establish a protocol for the
enforcement of this Act and such protocol shall:
(1) include an independent investigation of tenant and
advocate allegations of abuse and retaliation;
(2) provide a mechanism for administrative complaints
to be made and cataloged;
(3) keep tenants regularly informed about the
progression of any complaint;
(4) prohibit the withholding of tenant-based rental
assistance from any tenant that makes a complaint until
such complaint is closed; and
(5) provide confidentiality where necessary, including
in cases where alleged abuse is extreme and targeted.
In developing the enforcement protocol, the Illinois
Housing Development Authority may use subcontractors to
perform enforcement activities.
Section 40. Reports. The Illinois Housing Development
Authority shall submit annually to the General Assembly a
report that includes data summarizing for each housing
authority and LIHTC rental housing development:
(1) the volume of outstanding tenant complaints;
(2) the average response time for an initial
complaint; and

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(3) the average time it takes to close a complaint.
Section 45. Notice requirement. Each housing authority and
owner of a LIHTC rental housing development shall annually
notify each tenant receiving tenant-based rental assistance of
the right to organize under this Act.