Bill Text: IL HB5432 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-04-24 - Added Co-Sponsor Rep. Lilian Jiménez [HB5432 Detail]

Download: Illinois-2023-HB5432-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5432 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.
LRB103 38130 AWJ 68262 b
A BILL FOR
HB5432 LRB103 38130 AWJ 68262 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-12022 as follows:
(55 ILCS 5/5-12022 new)
Sec. 5-12022. Prohibition on crime-free housing
ordinances.
(a) As used in this Section, "penalty against a landlord"
includes, but is not limited to, an action against a landlord
in response to a landlord failing to implement or enforce an
ordinance, resolution, policy, program, or other regulation
prohibited by this Section, including revoking, suspending, or
refusing to issue a permit or license otherwise required by
the county for a property owner or landlord to engage in the
business of leasing within the county.
(b) A county may not adopt, enforce, or implement an
ordinance, resolution, policy, program, or other regulation
affecting a tenancy that does any of the following:
(1) imposes or threatens to impose a penalty against a
resident, property owner, tenant, landlord, or other
person solely as a consequence of contact with a law
enforcement agency;

HB5432 - 2 - LRB103 38130 AWJ 68262 b
(2) requires a property owner or landlord to do, or
imposes a penalty on a property owner or landlord for the
failure to do, any of the following:
(A) evict or penalize a tenant because of the
tenant's association with another tenant or household
member who has had contact with a law enforcement
agency or has a criminal conviction;
(B) evict, refuse to lease or renew a lease, or
otherwise penalize a tenant because of the tenant's
criminal history or alleged unlawful conduct or
arrest; or
(C) include a provision in a lease or rental
agreement that provides as grounds for eviction, any
cause that is in conflict with state or federal law;
(3) defines as a nuisance any contact by a tenant with
a law enforcement agency or any request by a tenant,
landlord, resident or property owner for emergency
assistance;
(4) requires a tenant to obtain a certificate of
occupancy as a condition of tenancy; or
(5) establishes, maintains, or promotes a registry of
tenants for the purposes of discouraging a landlord from
renting to a tenant on the registry or excluding a tenant
on the registry from rental housing within the county.
(c) A home rule county may not regulate tenancy in a manner
inconsistent with this Section. This Section is a limitation

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under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 10. The Illinois Municipal Code is amended by
adding Section 11-13-28 as follows:
(65 ILCS 5/11-13-28 new)
Sec. 11-13-28. Prohibition on crime-free housing
ordinances.
(a) As used in this Section, "penalty against a landlord"
includes, but is not limited to, an action against a landlord
in response to a landlord failing to implement or enforce an
ordinance, resolution, policy, program, or other regulation
prohibited by this Section, including revoking, suspending, or
refusing to issue a permit or license otherwise required by
the municipality for a property owner or landlord to engage in
the business of leasing within the municipality.
(b) A municipality may not adopt, enforce, or implement an
ordinance, resolution, policy, program, or other regulation
affecting a tenancy that does any of the following:
(1) imposes or threatens to impose a penalty against a
resident, property owner, tenant, landlord, or other
person solely as a consequence of contact with a law
enforcement agency;
(2) requires a property owner or landlord to do, or

HB5432 - 4 - LRB103 38130 AWJ 68262 b
imposes a penalty on a property owner or landlord for the
failure to do, any of the following:
(A) evict or penalize a tenant because of the
tenant's association with another tenant or household
member who has had contact with a law enforcement
agency or has a criminal conviction;
(B) evict, refuse to lease or renew a lease, or
otherwise penalize a tenant because of the tenant's
criminal history or alleged unlawful conduct or
arrest; or
(C) include a provision in a lease or rental
agreement that provides as grounds for eviction, any
cause that is in conflict with state or federal law;
(3) defines as a nuisance any contact by a tenant with
a law enforcement agency or any request by a tenant,
landlord, resident or property owner for emergency
assistance;
(4) requires a tenant to obtain a certificate of
occupancy as a condition of tenancy; or
(5) establishes, maintains, or promotes a registry of
tenants for the purposes of discouraging a landlord from
renting to a tenant on the registry or excluding a tenant
on the registry from rental housing within the
municipality.
(c) A home rule municipality may not regulate tenancy in a
manner inconsistent with this Section. This Section is a

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limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.