Bill Text: IL HB5550 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Creates the Summary of Rights for Safer Homes Act. Requires the Department of Human Rights to create a summary form advising tenants who have suffered domestic violence or sexual violence of the rights that they have under Illinois law that provide protection in their ability to have safe housing. Requires landlords to attach a copy of the summary as the first page of any written residential lease entered into with a tenant.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Engrossed) 2024-04-18 - Referred to Assignments [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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