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| Public Act 095-0999 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Safe Homes Act is amended by changing | ||||
Section 25 and by adding Sections 27 and 29 as follows: | ||||
(765 ILCS 750/25)
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Sec. 25. Penalty for violation of lock-change provisions | ||||
Penalty for violation.
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(a) If a landlord takes action to prevent the tenant who | ||||
has complied with Section 20 of this Act from changing his or | ||||
her locks, the tenant may seek a temporary restraining order, | ||||
preliminary injunction, or permanent injunction ordering the | ||||
landlord to refrain from preventing the tenant from changing | ||||
the locks. A tenant who successfully brings an action pursuant | ||||
to this Section may be awarded reasonable attorney's fees and | ||||
costs. | ||||
(b) A tenant who changes locks and does not make a good | ||||
faith effort to provide a copy of a key to the landlord within | ||||
48 hours of the tenant changing the locks, shall be liable for | ||||
any damages to the dwelling or the building in which the | ||||
dwelling is located that could have been prevented had landlord | ||||
been able to access the dwelling unit in the event of an | ||||
emergency. | ||||
(b-1) A landlord who changes the locks and does not make a | ||
good faith effort to provide a copy of a key to the tenant | ||
within 48 hours of the landlord changing the locks shall be | ||
liable for any damages to the tenant incurred as a result of | ||
not having access to his or her unit.
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(c) The remedies provided to landlord and tenant under this | ||
Section 25 shall be sole and exclusive for violations of the | ||
lock-change provisions of this Act.
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(Source: P.A. 94-1038, eff. 1-1-07; 95-378, eff. 8-23-07.) | ||
(765 ILCS 750/27 new) | ||
Sec. 27. Nondisclosure, confidentiality, and privilege. | ||
(a) A landlord may not disclose to a prospective landlord | ||
(1) that a tenant or a member of tenant's household exercised | ||
his or her rights under the Act, or (2) any information | ||
provided by the tenant or a member of tenant's household in | ||
exercising those rights. | ||
(b) The prohibition on disclosure under subsection (a) | ||
shall not apply in civil proceedings brought under this Act, or | ||
if such disclosure is required by law. | ||
(c) A tenant or a member of tenant's household, who is the | ||
victim of domestic or sexual violence or is the parent or legal | ||
guardian of the victim of domestic or sexual violence, may | ||
waive the prohibition on disclosure under subsection (a) by | ||
consenting to the disclosure in writing. | ||
(d) Furnishing evidence to support a claim of domestic or | ||
sexual violence against a tenant or a member of tenant's | ||
household pursuant to Section 15 or 20 shall not waive any | ||
confidentiality or privilege that may exist between the victim | ||
of domestic or sexual violence and a third party. | ||
(765 ILCS 750/29 new) | ||
Sec. 29. Nondisclosure violation penalty. A landlord who, | ||
in violation of Section 27, discloses that a tenant has | ||
exercised his or her rights under the Act, or discloses any | ||
information provided by the tenant in exercising those rights, | ||
shall be liable for actual damages up to $2,000 resulting from | ||
the disclosure. A tenant who successfully brings an action | ||
pursuant to this Section may be awarded reasonable attorney's | ||
fees and costs.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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