Bill Text: IL HB3489 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Creates the Immigrant-Owned Property Protection Act. Provides that no municipality or financial institution shall bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a homeowner. Provides that if a municipality or financial institution engages in prohibited conduct against a homeowner, the homeowner may bring a civil action to seek remedies. Provides that the immigration or citizenship status of any person is irrelevant to any issue of liability or remedy in a civil action involving a homeowner's housing rights.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3489 Detail]

Download: Illinois-2019-HB3489-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3489 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
New Act
Creates the Immigrant-Owned Property Protection Act. Provides that no municipality or financial institution shall bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a homeowner. Provides that if a municipality or financial institution engages in prohibited conduct against a homeowner, the homeowner may bring a civil action to seek remedies. Provides that the immigration or citizenship status of any person is irrelevant to any issue of liability or remedy in a civil action involving a homeowner's housing rights.
LRB101 10605 LNS 55711 b
A BILL FOR
HB3489 LRB101 10605 LNS 55711 b
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
Immigrant-Owned Property Protection Act.
Section 5. Definitions. As used in this Act, "immigration
or citizenship status" means a person's actual immigration
status or citizenship status.
Section 10. Immigrant-owned property. Unless required by
law or court order, no municipality or financial institution
shall bring an action to recover possession of a dwelling unit
based solely or in part on the immigration or citizenship
status of a homeowner. The following applies to immigrant
homeowners:
(1) If he or she owns a house, he or she shall continue to
own the house, and may allow others to live in it or arrange,
through a representative, to lease or sell the house as he or
she sees fit.
(2) If the house is vacant due to all residents being
removed from the United States, the house shall stand vacant
until (i) the owner decides to sell or lease the house, (ii)
the house becomes a public hazard and is condemned, (iii) the

HB3489 - 2 - LRB101 10605 LNS 55711 b
owner fails to pay property taxes and the house is subject to a
tax sale, or (iv) the owner fails to satisfy a mortgage
obligation, the mortgage is foreclosed, and the house is
repossessed.
(3) The fact that the reason for the person's absence is
removal from the United States is irrelevant to the homeowner's
rights with respect to his or her real property interests.
Section 15. Remedies.
(a) If a municipality or financial institution engages in
prohibited conduct described in Section 10 against a homeowner,
the homeowner may bring a civil action to seek any one or more
of the following remedies:
(1) actual damages, as reasonably determined by the
court, for injury or loss suffered;
(2) a civil penalty in an amount not to exceed $2,000
for each violation;
(3) reasonable attorney's fees and court costs; and
(4) other equitable relief as the court may deem
appropriate and just.
(b) The immigration or citizenship status of any person is
irrelevant to any issue of liability or remedy in a civil
action involving a homeowner's rights under this Act. In
proceedings or discovery undertaken in a civil action involving
a homeowner's housing rights, no inquiry shall be permitted
into the homeowner's immigration or citizenship status, except

HB3489 - 3 - LRB101 10605 LNS 55711 b
if:
(1) unless otherwise provided in subsection (c), the
claims or defenses raised by the homeowner place the person's
immigration or citizenship status directly in contention; or
(2) the person seeking to make the inquiry demonstrates
by clear and convincing evidence that the inquiry is necessary
in order to comply with federal law.
(c) The assertion of an affirmative defense to an eviction
action under Section 9-106.3 of the Code of Civil Procedure
does not constitute cause for discovery or other inquiry into a
person's immigration or citizenship status.