Bill Text: IL HB5550 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Safe Homes Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Engrossed) 2024-11-12 - Added as Alternate Co-Sponsor Sen. Natalie Toro [HB5550 Detail]
Download: Illinois-2023-HB5550-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Summary of Rights for Safer Homes Act.
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6 | Section 5. Legislative intent. The purpose of this Act is | ||||||
7 | to promote the State's interest in enabling more victims of | ||||||
8 | domestic or sexual violence and their families to become | ||||||
9 | timely aware of the existing housing protections they have | ||||||
10 | under 6 Illinois statutes and how to exercise their rights | ||||||
11 | under these statutes. By requiring that a summary of these | ||||||
12 | rights appear on page 1 of each residential lease, more | ||||||
13 | tenants will become timely aware of these rights and how to | ||||||
14 | exercise them. This will lead to safer homes and greater | ||||||
15 | financial security for more victims of domestic or sexual | ||||||
16 | violence and their families.
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17 | Section 10. Definitions. As used in this Act: | ||||||
18 | "Domestic violence" means "abuse" as defined in Section | ||||||
19 | 103 of the Illinois Domestic Violence Act of 1986 by a "family | ||||||
20 | or household member" as defined in Section 103 of the Illinois | ||||||
21 | Domestic Violence Act of 1986. | ||||||
22 | "Landlord" means the owner of the building or the owner's |
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1 | agent for matters concerning the landlord's leasing of a | ||||||
2 | dwelling. | ||||||
3 | "Sexual violence" means any act of sexual assault, sexual | ||||||
4 | abuse, or stalking of an adult or minor child. This includes, | ||||||
5 | but is not limited to, non-consensual sexual conduct or | ||||||
6 | non-consensual sexual penetration as defined in the Civil No | ||||||
7 | Contact Order Act and the offense of stalking, aggravated | ||||||
8 | stalking, criminal sexual assault, aggravated criminal sexual | ||||||
9 | assault, predatory criminal sexual assault of a child, | ||||||
10 | criminal sexual abuse, and aggravated criminal sexual abuse as | ||||||
11 | those offenses are described in the Criminal Code of 2012. | ||||||
12 | "Tenant" means a person who has entered into a written | ||||||
13 | lease with a landlord in which the person is the lessee under | ||||||
14 | the lease.
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15 | Section 15. Summary of Illinois housing protections for | ||||||
16 | survivors of domestic violence and sexual violence and | ||||||
17 | acknowledgment of receipt of summary form. | ||||||
18 | (a) The Director of the Illinois Department of Human | ||||||
19 | Rights shall prepare a summary identifying the key rights and | ||||||
20 | remedies of tenants or household members of tenants who are | ||||||
21 | survivors of domestic violence or sexual violence under the | ||||||
22 | following 6 Illinois statutes: the Safe Homes Act; the | ||||||
23 | Eviction Article in the Code of Civil Procedure; the Illinois | ||||||
24 | Human Rights Act; and Section 8-201.6 of the Public Utilities | ||||||
25 | Act providing for the deferral of deposit for victims of |
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1 | domestic violence and ordinances that prohibit penalizing | ||||||
2 | tenants who contact police or other emergency services in | ||||||
3 | Section 1-2-1.5 of the Illinois Municipal Code and Section | ||||||
4 | 5-1005.10 of the Counties Code. The Director shall make this | ||||||
5 | summary available for public inspection and copying no later | ||||||
6 | than 60 days after this bill becomes law. | ||||||
7 | (b) Space must be provided at the bottom of each page of | ||||||
8 | the summary that the tenant may sign as acknowledgment of the | ||||||
9 | tenant's receipt of the summary as attached to a paper version | ||||||
10 | of the lease or inserted into an electronic version of the | ||||||
11 | lease. | ||||||
12 | (c) The summary described in this Act shall be prepared in | ||||||
13 | consultation with Illinois domestic and sexual violence | ||||||
14 | service providers.
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15 | Section 20. Disclosure of summary to tenants and obtaining | ||||||
16 | acknowledgment of receipt. A landlord or a landlord's agent | ||||||
17 | shall attach a copy of the summary of this Act as the first | ||||||
18 | page of any written residential lease they enter into with a | ||||||
19 | tenant, including for a new rental or renewal, and obtain the | ||||||
20 | signature of each tenant in the acknowledgment of receipt at | ||||||
21 | the bottom of each page of the summary.
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22 | Section 25. Evidence of attachment of summary and delivery | ||||||
23 | of summary to tenants under written residential leases. | ||||||
24 | (a) The signature of the tenant at the bottom of each page |
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1 | of the summary described in this Act may simultaneously act as | ||||||
2 | evidence that the landlord fulfilled the obligations described | ||||||
3 | in this Act for that tenant. | ||||||
4 | (b) Failure of the landlord to provide the evidence | ||||||
5 | described in this Section creates a rebuttable presumption | ||||||
6 | that the landlord failed to comply with the landlord's | ||||||
7 | disclosure obligations in this Act.
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8 | Section 30. Failure to comply with the Act's requirements. | ||||||
9 | (a) A landlord who is found to have failed to comply with | ||||||
10 | the requirements of this Act for any tenant under a written | ||||||
11 | residential lease shall be liable to that tenant for the | ||||||
12 | greater of: (i) the tenant's actual damages, if any, not to | ||||||
13 | exceed $2,000 or (ii) $100. | ||||||
14 | (b) If a tenant brings a private right of action under this | ||||||
15 | Act and prevails in such action, the tenant shall also be | ||||||
16 | awarded all court costs and reasonable attorney's fees. There | ||||||
17 | is no requirement for the tenant to seek relief under this Act | ||||||
18 | through the Illinois Department of Human Rights.
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