Bill Text: IL HB3510 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Landlord and Tenant Act. Provides that during and after an emergency period beginning on January 1, 2021 and ending on July 1, 2021, a landlord may not, and may not threaten to: (1) deliver a termination notice of a rental agreement based on a tenant's nonpayment balance; (2) initiate or continue an action to take possession of a rental unit based on a termination notice for nonpayment delivered on or after January 1, 2021; (3) take any action that would interfere with a tenant's possession or use of a rental unit based on a tenant's nonpayment balance; (4) assess a late fee or any other penalty on a tenant's nonpayment balance; or (5) report a tenant's nonpayment balance as delinquent to any consumer credit reporting agency. Provides that before applying payments received from a tenant or on behalf of a tenant to a tenant's nonpayment balance, a landlord shall apply the payments in a specified order. Provides that during the emergency period, the landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. Provides that, following the emergency period, a tenant with an outstanding nonpayment balance has a 6-month grace period that ends on January 1, 2022, to pay the outstanding nonpayment balance. Provides that the tenant shall notify the landlord of the tenant's intention to use the grace period, and failure to do so entitles the landlord to recover damages equal to 50% of one month's rent following the grace period. Provides that if a landlord violates the provisions, a tenant may obtain injunctive relief to recover possession or address any other violation and may recover from the landlord an amount up to 3 months' periodic rent plus any actual damages. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3510 Detail]

Download: Illinois-2021-HB3510-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3510 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED:
765 ILCS 705/17 new
Amends the Landlord and Tenant Act. Provides that during and after an emergency period beginning on January 1, 2021 and ending on July 1, 2021, a landlord may not, and may not threaten to: (1) deliver a termination notice of a rental agreement based on a tenant's nonpayment balance; (2) initiate or continue an action to take possession of a rental unit based on a termination notice for nonpayment delivered on or after January 1, 2021; (3) take any action that would interfere with a tenant's possession or use of a rental unit based on a tenant's nonpayment balance; (4) assess a late fee or any other penalty on a tenant's nonpayment balance; or (5) report a tenant's nonpayment balance as delinquent to any consumer credit reporting agency. Provides that before applying payments received from a tenant or on behalf of a tenant to a tenant's nonpayment balance, a landlord shall apply the payments in a specified order. Provides that during the emergency period, the landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. Provides that, following the emergency period, a tenant with an outstanding nonpayment balance has a 6-month grace period that ends on January 1, 2022, to pay the outstanding nonpayment balance. Provides that the tenant shall notify the landlord of the tenant's intention to use the grace period, and failure to do so entitles the landlord to recover damages equal to 50% of one month's rent following the grace period. Provides that if a landlord violates the provisions, a tenant may obtain injunctive relief to recover possession or address any other violation and may recover from the landlord an amount up to 3 months' periodic rent plus any actual damages. Makes other changes. Effective immediately.
LRB102 14935 LNS 20290 b
A BILL FOR
HB3510 LRB102 14935 LNS 20290 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Landlord and Tenant Act is amended by
adding Sections 17 and 18 as follows:
(765 ILCS 705/17 new)
Sec. 17. Rent relief during emergency period; termination
notice prohibition.
(a) As used in this Section:
"Emergency period" means the period beginning on
January 1, 2021 and ending on July 1, 2021.
"Landlord" means the owner, lessor, or sublessor of a
rental unit or the building or premises of which the
rental unit is a part, or a person who is authorized by the
owner, lessor, or sublessor to manage the premises or to
enter into a rental agreement.
"Nonpayment" means the nonpayment of a payment that
becomes due during the emergency period to a landlord,
including a payment of rent, late charges, utility or
service charges, or any other charge or fee as described
in the rental agreement.
"Nonpayment balance" includes all or a part of the net
total amount of all items of nonpayment by a tenant.

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"Rental unit" means a structure or part of a structure
for use as a commercial space by a tenant.
"Tenant" means an individual or organization entitled
under a rental agreement to occupy a rental unit to the
exclusion of others.
"Termination notice without cause" means a notice
delivered by a landlord.
(b) During and after the emergency period, a landlord may
not, and may not threaten to:
(1) deliver a termination notice of a rental agreement
based on a tenant's nonpayment balance;
(2) initiate or continue an action to take possession
of a rental unit based on a termination notice for
nonpayment delivered on or after January 1, 2021;
(3) take any action that would interfere with a
tenant's possession or use of a rental unit based on a
tenant's nonpayment balance;
(4) assess a late fee or any other penalty on a
tenant's nonpayment balance; or
(5) report a tenant's nonpayment balance as delinquent
to any consumer credit reporting agency.
(c) Before applying payments received from a tenant or on
behalf of a tenant to a tenant's nonpayment balance, a
landlord shall first apply the payments, in the following
order, to:
(1) rent for the current rental period;

HB3510 - 3 - LRB102 14935 LNS 20290 b
(2) utility or service charges;
(3) late rent payment charges; and
(4) fees or charges owed by the tenant under the
rental agreement or other fees or charges related to
damage claims or other claims against the tenant.
(d) During the emergency period, a landlord may provide a
written notice to a tenant stating that the tenant continues
to owe any rent due. The notice shall also include a statement
that eviction for nonpayment is not allowed before July 1,
2021.
(e) During the emergency period, a landlord may not
deliver a termination notice without cause and may not file an
action based on a termination notice without cause.
If the first year of occupancy would end during the
emergency period, for the purposes of a termination notice
without cause, the first year of occupancy is extended to mean
a period lasting until 30 days following the emergency period.
(f) Following the emergency period, a tenant with an
outstanding nonpayment balance has a 6-month grace period that
ends on January 1, 2022 to pay the outstanding nonpayment
balance.
(g) Following the emergency period, a landlord may deliver
a written notice to a tenant that substantially states:
(1) the date that the emergency period ended;
(2) that if rent and other payments that come due
after the emergency period are not timely paid, the

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landlord may terminate the tenancy;
(3) that the nonpayment balance that accrued during
the emergency period is still due and shall be paid;
(4) that the tenant will not owe a late charge for the
nonpayment balance;
(5) that the tenant is entitled to a 6-month grace
period to repay the nonpayment balance that ends on July
1, 2021;
(6) that within a specified date stated in the notice
given under this subsection that is no earlier than 14
days following the delivery of the notice, the tenant
shall pay the nonpayment balance or notify the landlord
that the tenant intends to pay the nonpayment balance by
the end of the 6-month grace period described in
subsection (f);
(7) that failure of a tenant to give notice to the
landlord of utilization of the grace period described in
subsection (f) may result in a penalty described in
subsection (i); and
(8) that rent and other charges or fees that come due
after the emergency period shall be paid as usual or the
landlord may terminate the tenancy.
(h) The landlord's notice described in subsection (g) may
offer an alternate voluntary payment plan for payment of the
nonpayment balance, but the notice shall state that the
alternate payment plan is voluntary.

HB3510 - 5 - LRB102 14935 LNS 20290 b
(i) If a landlord gives a notice as described in
subsection (g), a tenant who has an outstanding nonpayment
balance as of the date listed on the landlord's notice as
described in paragraph (6) of subsection (g) shall notify the
landlord of the tenant's intention to use the grace period
described in subsection (f) to pay the nonpayment balance. The
tenant's notice under this subsection shall be actual notice
or notice given by electronic means, and shall be given to the
landlord by the date given in the landlord's notice as
described in paragraph (6) of subsection (g).
A tenant's failure to give the notice required under this
subsection to a landlord entitles the landlord to recover
damages equal to 50% of one month's rent following the grace
period.
(j) If a landlord violates this Section, a tenant may
obtain injunctive relief to recover possession or address any
other violation of this Section and may recover from the
landlord an amount up to 3 months' periodic rent plus any
actual damages.
Section 99. Effective date. This Act takes effect upon
becoming law.