Bill Text: IL HB1161 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Eviction Moratorium Clarification Act. Provides that in any eviction moratorium issued by the Governor through Executive Order or legislation passed by the General Assembly, the moratorium shall not prohibit the eviction of specified individuals. Provides that evictions may be filed, commenced, and enforced against the specified individuals, along with any individuals who otherwise fail to meet the stated requirements of an eviction moratorium. Provides that in a rental or lease agreement in which utility payments are included in the rent payment, the landlord or property manager shall not be responsible for a tenant's portion of a monthly utility payment for a tenant not paying rent who is protected by an eviction moratorium if the utility charges for that tenant are for more than 20% higher usage than any month in the previous year. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB1161 Detail]

Download: Illinois-2023-HB1161-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1161 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
New Act
Creates the Eviction Moratorium Clarification Act. Provides that in any eviction moratorium issued by the Governor through Executive Order or legislation passed by the General Assembly, the moratorium shall not prohibit the eviction of specified individuals. Provides that evictions may be filed, commenced, and enforced against the specified individuals, along with any individuals who otherwise fail to meet the stated requirements of an eviction moratorium. Provides that in a rental or lease agreement in which utility payments are included in the rent payment, the landlord or property manager shall not be responsible for a tenant's portion of a monthly utility payment for a tenant not paying rent who is protected by an eviction moratorium if the utility charges for that tenant are for more than 20% higher usage than any month in the previous year. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
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
Eviction Moratorium Clarification Act.
Section 5. Covered persons.
(a) In any eviction moratorium issued by the Governor
through Executive Order or legislation passed by the General
Assembly, the moratorium shall not prohibit the eviction any
of the following individuals:
(1) individuals who:
(A) have not experienced a substantial loss of
income, loss of compensable hours of work or wages, or
a substantial increase in out-of-pocket expenses
directly related to the COVID-19 pandemic;
(B) are not using their best efforts to make their
rent payments despite having the ability to make full
payment, taking into account other nondiscretionary
expenses; and
(C) eviction would not likely render them homeless
or force them to move into and live in close quarters
in a new congregate or shared living setting because
they have no other available housing options;

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(2) individuals occupying the residential property if
none of the individuals have had a verbal or written
rental agreement at any time or were permissible cotenants
with a person who had a verbal or written rental agreement
for the subject property; and
(3) individuals engaging in criminal activity while on
the premises, threatening the health or safety of other
residents, damaging or posing an immediate and significant
risk of damage to property, or engaging in unreasonable
behavior that substantially infringes on the use and
enjoyment by other tenants or occupants.
(b) Evictions may be filed, commenced, and enforced
against individuals referenced in subsection (a), along with
any individuals who otherwise fail to meet the stated
requirements of an eviction moratorium.
(c) As used in this Section, "nondiscretionary expenses"
include, but are not limited to, food, utilities, phone and
Internet access, school supplies, cold-weather clothing,
medical expenses, child care, and transportation costs,
including car payments and insurance.
Section 10. Utility payments. In a rental or lease
agreement in which utility payments are included in the rent
payment, the landlord or property manager shall not be
responsible for a tenant's portion of a monthly utility
payment for a tenant not paying rent who is protected by an

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eviction moratorium if the utility charges for that tenant are
for more than 20% higher usage than any month in the previous
year.
Section 99. Effective date. This Act takes effect upon
becoming law.