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| Public Act 103-1031 | ||||
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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 | ||||
Summary of Rights for Safer Homes Act. | ||||
Section 5. Legislative intent. The purpose of this Act is | ||||
to promote the State's interest in enabling more victims of | ||||
domestic or sexual violence and their families to become | ||||
timely aware of the existing housing protections they have | ||||
under 6 Illinois statutes and how to exercise their rights | ||||
under these statutes. By requiring that a summary of these | ||||
rights appear on page 1 of each residential lease, more | ||||
tenants will become timely aware of these rights and how to | ||||
exercise them. This will lead to safer homes and greater | ||||
financial security for more victims of domestic or sexual | ||||
violence and their families. | ||||
Section 10. Definitions. As used in this Act: | ||||
"Domestic violence" means "abuse" as defined in Section | ||||
103 of the Illinois Domestic Violence Act of 1986 by a "family | ||||
or household member" as defined in Section 103 of the Illinois | ||||
Domestic Violence Act of 1986. | ||||
"Landlord" means the owner of the building or the owner's | ||||
agent for matters concerning the landlord's leasing of a | ||
dwelling. | ||
"Sexual violence" means any act of sexual assault, sexual | ||
abuse, or stalking of an adult or minor child. This includes, | ||
but is not limited to, non-consensual sexual conduct or | ||
non-consensual sexual penetration as defined in the Civil No | ||
Contact Order Act and the offense of stalking, aggravated | ||
stalking, criminal sexual assault, aggravated criminal sexual | ||
assault, predatory criminal sexual assault of a child, | ||
criminal sexual abuse, and aggravated criminal sexual abuse as | ||
those offenses are described in the Criminal Code of 2012. | ||
"Tenant" means a person who has entered into a written | ||
lease with a landlord in which the person is the lessee under | ||
the lease. | ||
Section 15. Summary of Illinois housing protections for | ||
survivors of domestic violence and sexual violence and | ||
acknowledgment of receipt of summary form. | ||
(a) The Director of the Illinois Department of Human | ||
Rights shall prepare a summary identifying the key rights and | ||
remedies of tenants or household members of tenants who are | ||
survivors of domestic violence or sexual violence under the | ||
following 6 Illinois statutes: the Safe Homes Act; the | ||
Eviction Article in the Code of Civil Procedure; the Illinois | ||
Human Rights Act; and Section 8-201.6 of the Public Utilities | ||
Act providing for the deferral of deposit for victims of | ||
domestic violence and ordinances that prohibit penalizing | ||
tenants who contact police or other emergency services in | ||
Section 1-2-1.5 of the Illinois Municipal Code and Section | ||
5-1005.10 of the Counties Code. The Director shall make this | ||
summary available for public inspection and copying no later | ||
than 60 days after this bill becomes law. | ||
(b) Space must be provided at the bottom of each page of | ||
the summary that the tenant may sign as acknowledgment of the | ||
tenant's receipt of the summary as attached to a paper version | ||
of the lease or inserted into an electronic version of the | ||
lease. | ||
(c) The summary described in this Act shall be prepared in | ||
consultation with Illinois domestic and sexual violence | ||
service providers. | ||
Section 20. Disclosure of summary to tenants and obtaining | ||
acknowledgment of receipt. A landlord or a landlord's agent | ||
shall attach a copy of the summary of this Act as the first | ||
page of any written residential lease they enter into with a | ||
tenant, including for a new rental or renewal, and obtain the | ||
signature of each tenant in the acknowledgment of receipt at | ||
the bottom of each page of the summary. | ||
Section 25. Evidence of attachment of summary and delivery | ||
of summary to tenants under written residential leases. | ||
(a) The signature of the tenant at the bottom of each page | ||
of the summary described in this Act may simultaneously act as | ||
evidence that the landlord fulfilled the obligations described | ||
in this Act for that tenant. | ||
(b) Failure of the landlord to provide the evidence | ||
described in this Section creates a rebuttable presumption | ||
that the landlord failed to comply with the landlord's | ||
disclosure obligations in this Act. | ||
Section 30. Failure to comply with the Act's requirements. | ||
(a) A landlord who is found to have failed to comply with | ||
the requirements of this Act for any tenant under a written | ||
residential lease shall be liable to that tenant for the | ||
greater of: (i) the tenant's actual damages, if any, not to | ||
exceed $2,000 or (ii) $100. | ||
(b) If a tenant brings a private right of action under this | ||
Act and prevails in such action, the tenant shall also be | ||
awarded all court costs and reasonable attorney's fees. There | ||
is no requirement for the tenant to seek relief under this Act | ||
through the Illinois Department of Human Rights. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2026. | ||