Public Act 099-0441
 
SB1547 EnrolledLRB099 10920 AWJ 31259 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Counties Code is amended  by adding Section 
5-1005.10 as follows:
 
    (55 ILCS 5/5-1005.10  new)
    Sec. 5-1005.10. Ordinances penalizing tenants who contact 
police or other emergency services prohibited.
    (a)  Definitions.   As used in this Section:
    "Contact" includes any communication made by a tenant, 
landlord, guest, neighbor, or other individual to police or 
other emergency services.
    "Criminal activity" means a violation of the Criminal Code 
of 2012, of the Cannabis Control Act, of the Illinois 
Controlled Substances Act, or of the Methamphetamine Control 
and Community Protection Act.
    "Disability" means, with respect to a person: 
        (1) a physical or mental impairment which 
substantially limits one or more of such person's major life 
activities; 
        (2) a record of having such an impairment; or 
        (3) being regarded as having such an impairment, but 
such term does not include current, illegal use of or addiction 
to a controlled substance, as defined in the federal Controlled 
Substances Act, 21 U.S.C. 802. 
    "Domestic violence", "landlord", "sexual violence", and 
"tenant" have the meanings provided under Section 10 of the 
Safe Homes Act.
    "Dwelling unit" has the meaning provided under subsection 
(a) of Section 15 of the Landlord and Tenant Act.
    "Penalizes" includes, but is not limited to:
        (1) assessment of fees or fines;
        (2) revocation, suspension, or nonrenewal of any 
    license or permit required for the rental or occupancy of 
    any dwelling unit;
        (3) termination or denial of a subsidized housing 
    contract or housing subsidy; and
        (4) termination or nonrenewal of a residential lease 
    agreement.
    "Subsidized housing" has the meaning provided under 
subsection (a) of Section 9-119 of the Code of Civil Procedure.
    (b) Protection.
        (1) No county shall enact or enforce an ordinance or 
    regulation that penalizes tenants or landlords based on:
            (A) contact made to police or other emergency 
        services, if (i) the contact was made with the intent 
        to prevent or respond to domestic violence or sexual 
        violence; (ii) the intervention or emergency 
        assistance was needed to respond to or prevent domestic 
        violence or sexual violence; or (iii) the contact was 
        made by, on behalf of, or otherwise concerns an 
        individual with a disability and the purpose of the 
        contact was related to that individual's disability;
            (B) an incident or incidents of actual or 
        threatened domestic violence or sexual violence 
        against a tenant, household member, or guest occurring 
        in the dwelling unit or on the premises; or
            (C) criminal activity or a local ordinance 
        violation occurring in the dwelling unit or on the 
        premises that is directly relating to domestic 
        violence or sexual violence, engaged in by a tenant, 
        member of a tenant's household, guest, or other party, 
        and against a tenant, household member, guest, or other 
        party.
        (2) Nothing with respect to this Section: (A) limits 
    enforcement of Section 15.2 of the Emergency Telephone 
    System Act, Article 26 of the Criminal Code of 2012, or 
    Article IX of the Code of Civil Procedure;
(B) prohibits 
    counties from enacting or enforcing ordinances to impose 
    penalties on the basis of the underlying criminal activity 
    or a local ordinance violation not covered by paragraph (1) 
    of subsection (b) of this Section and to the extent 
    otherwise permitted by existing State and federal law; or

    (C) limits or prohibits the eviction of or imposition of 
    penalties against the perpetrator of the domestic 
    violence, sexual violence, or other criminal activity.
    (c)  Remedies.  If a county enacts or enforces an ordinance 
or regulation against a tenant or landlord in violation of 
subsection (b), the tenant or landlord may bring a civil action 
to seek any one or more of the following remedies:
        (1) an order invalidating the ordinance or regulation 
    to the extent required to bring the ordinance or regulation 
    into compliance with the requirements of subsection (b);
        (2) compensatory damages;
        (3) reasonable attorney fees and court costs; or
        (4) other equitable relief as the court may deem 
    appropriate and just.
    (d) Home rule. This Section is a denial and limitation of 
home rule powers and functions under subsection (g) of Section 
6 of Article VII of the Illinois Constitution.
 
    Section 15. The Illinois Municipal Code is amended  by 
adding Section 1-2-1.5 as follows:
 
    (65 ILCS 5/1-2-1.5  new)
    Sec. 1-2-1.5. Ordinances penalizing tenants who contact 
police or other emergency services prohibited.
    (a)  Definitions.   As used in this Section:
    "Contact" includes any communication made by a tenant, 
landlord, guest, neighbor, or other individual to police or 
other emergency services.
    "Criminal activity" means a violation of the Criminal Code 
of 2012, of the Cannabis Control Act, of the Illinois 
Controlled Substances Act, or of the Methamphetamine Control 
and Community Protection Act.
    "Disability" means, with respect to a person: 
        (1) a physical or mental impairment which 
substantially limits one or more of such person's major life 
activities; 
        (2) a record of having such an impairment; or 
        (3) being regarded as having such an impairment, but 
such term does not include current, illegal use of or addiction 
to a controlled substance, as defined in the federal Controlled 
Substances Act, 21 U.S.C. 802. 
    "Domestic violence", "landlord", "sexual violence", and 
"tenant" have the meanings provided under Section 10 of the 
Safe Homes Act.
    "Dwelling unit" has the meaning provided under subsection 
(a) of Section 15 of the Landlord and Tenant Act.
    "Penalizes" includes, but is not limited to:
        (1) assessment of fees or fines;
        (2) revocation, suspension, or nonrenewal of any 
    license or permit required for the rental or occupancy of 
    any dwelling unit;
        (3) termination or denial of a subsidized housing 
    contract or housing subsidy; and
        (4) termination or nonrenewal of a residential lease 
    agreement.
    "Subsidized housing" has the meaning provided under 
subsection (a) of Section 9-119 of the Code of Civil Procedure.
    (b) Protection.
        (1) No municipality shall enact or enforce an ordinance 
    or regulation that penalizes tenants or landlords based on:
            (A) contact made to police or other emergency 
        services, if (i) the contact was made with the intent 
        to prevent or respond to domestic violence or sexual 
        violence; (ii) the intervention or emergency 
        assistance was needed to respond to or prevent domestic 
        violence or sexual violence; or (iii) the contact was 
        made by, on behalf of, or otherwise concerns an 
        individual with a disability and the purpose of the 
        contact was related to that individual's disability;
            (B) an incident or incidents of actual or 
        threatened domestic violence or sexual violence 
        against a tenant, household member, or guest occurring 
        in the dwelling unit or on the premises; or
            (C) criminal activity or a local ordinance 
        violation occurring in the dwelling unit or on the 
        premises that is directly relating to domestic 
        violence or sexual violence, engaged in by a tenant, 
        member of a tenant's household, guest, or other party, 
        and against a tenant, household member, guest, or other 
        party.
        (2) Nothing with respect to this Section: (A) limits 
    enforcement of Section 15.2 of the Emergency Telephone 
    System Act, Article 26 of the Criminal Code of 2012, or 
    Article IX of the Code of Civil Procedure;
(B) prohibits 
    municipalities from enacting or enforcing ordinances to 
    impose penalties on the basis of the underlying criminal 
    activity or a local ordinance violation not covered by 
    paragraph (1) of subsection (b) of this Section and to the 
    extent otherwise permitted by existing State and federal 
    law; or
(C) limits or prohibits the eviction of or 
    imposition of penalties against the perpetrator of the 
    domestic violence, sexual violence, or other criminal 
    activity.
    (c)  Remedies.  If a municipality enacts or enforces an 
ordinance or regulation against a tenant or landlord in 
violation of subsection (b), the tenant or landlord may bring a 
civil action to seek any one or more of the following remedies:
        (1) an order invalidating the ordinance or regulation 
    to the extent required to bring the ordinance or regulation 
    into compliance with the requirements of subsection (b);
        (2) compensatory damages;
        (3) reasonable attorney fees and court costs; or
        (4) other equitable relief as the court may deem 
    appropriate and just.
    (d) Home rule. This Section is a denial and limitation of 
home rule powers and functions under subsection (g) of Section 
6 of Article VII of the Illinois Constitution.
 

    Section 99. Effective date. This Act takes effect 90 days 
after becoming law.