HB 4758 — RESIDENTIAL TENANT PROTECTIONS

*LRB09415383AJO50574b* HB4758 94THEngrossed GENERALLRB094 ASSEMBLY15383 StateAJO of50574 Illinoisb andAN 2006ACT HB4758in Introducedrelation 01/17/06,to byproperty. Rep.

William Davis SYNOPSIS AS INTRODUCED:

New Act Creates the Residential Tenant Protection Act.

Makes findings, states purposes, and provides definitions of terms.

Prohibits residential lock-outs.

Describes actions that do not constitute a residential lock-out.

Makes a violation a petty offense punishable by a fine of not more than $500 nor less than $200.

Also authorizes injunctive relief and damages.

Effective immediately.

LRB094 15383 AJO 50574 b A BILL FOR HB4758 LRB094 15383 AJO 50574 b AN ACT in relation to property.

(2) The Illinois State Constitution states in Article I, Section 2, that "No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws."laws". (3) Residential lock-outs are a form of illegal eviction that runs contrary to the legislative intent of the Forcible Entry and Detainer provisions of the Code of Civil Procedure and to the intent of the Illinois State Constitution and forces families out of their homes with virtually no advance notice or warning.

(4)(3) OverResidential 50%lock-outs are a form of illegal eviction that runs contrary to the tenant-occupiedlegislative housingintent inof the StateForcible isEntry protectedand byDetainer municipalprovisions ordinancesof thatthe restrictCode lock-outs,of howeverCivil municipalitiesProcedure thatand areto notthe homeintent ruleof unitsthe areIllinois unableConstitution toand enactforces ordinancesfamilies out of thattheir type.homes with virtually no advance notice or warning.

(4) Over 50% of the tenant-occupied housing in the State is protected by municipal ordinances that restrict lock-outs;

however, municipalities that are not home rule units are unable to enact ordinances of that type.

HB4758 Engrossed - 2 - LRB094 15383 AJO 50574 b (7) Current Illinois law fails to empower local police to act to protect tenants when made aware of a residential lock-out.

(9) A threat of a residential lock-out made to a tenant makes the tenant’s dwelling unit uninhabitable in a practical sense,sense; however these threats have not been treated previously as a residential lock-out under Illinois law.

however, these threats have not been treated previously as a residential lock-out under Illinois law.

ForAs theused purposesin of this Act:

"Landlord" and "tenant" shallhave bethe definedmeanings asgiven to those terms are defined in the Rental Property Utility Service Act.

"Dwelling unit" shallhas have the meaning given to the term "single dwelling unit" in the Dwelling Structure Contract Act.

"Dwelling structure" shallhas have the meaning given to that term in the Dwelling Structure Contract Act.

HB4758 Engrossed - 3 - LRB094 15383 AJO 50574 b "Abandonment" means that circumstancethe when all tenants haveno beenlonger absentoccupy from the dwelling unit forand a(1) period of 21 days or for one rental period, whichever is greater, the tenants have removedprovided theirthe personallandlord propertywith fromactual thenotice dwellingindicating unittheir andintention dwellingnot structure,to andreturn theto rent for the perioddwelling isunit; unpaid.

(2) the tenants have been absent from the dwelling unit for a period of 21 consecutive days, have removed all personal property from the dwelling unit, and have failed to pay rent for that period;

or (3) the tenants have been absent from the dwelling unit for 32 consecutive days and have failed to pay rent for that period.

(1) incapacitating, changing, addingadding, or removing any lock or latching device to any entrance or exit to the dwelling unit or dwelling structure to which the tenant is entitled to have access;

(3) interfering with services to the dwelling unit or dwelling structure including, but not limited to, the failure of the landlord or the agent of the landlord to pay, pursuant to a written or verbal agreement with that HB4758 Engrossed - 4 - LRB094 15383 AJO 50574 b tenant, for services to the dwelling unit or dwelling structure including, but not limited to, the services of electricity, gas, hot or cold water, and heat;

(4) removing personal property of a tenant from the HB4758 - 4 - LRB094 15383 AJO 50574 b tenant’s dwelling unit or the dwelling structure;

(3) temporaryactions interferencein accordance with possession:a court order entered pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Civil No Contact Order Act, or any other statute or provision of law providing relief to a victim of domestic or sexual violence;

(A)(4) totemporary makeinterference needed repairs or to conduct an emergency inspection, as necessary and only as provided by law and with properpossession: written notice at least 24 hours in advance of the interference;

HB4758 Engrossed - 5 - LRB094 15383 AJO 50574 b (A) to make needed repairs or to conduct an emergency inspection, as necessary and only as provided by law and with proper written notice at least 24 hours in advance of the interference;

or HB4758 - 5 - LRB094 15383 AJO 50574 b (C) to address an emergency or for a practical necessity, provided that proper written notice of explanation is provided to the tenant no later than 2 days after the entry.

(c) It is an affirmative defense to an alleged violation of this Act if the circumstances concerning the alleged violation are within one of the circumstances described in subparagraphssubparagraph (A), (B), or (C) of paragraph (3) of subsection (b) of this Section 20 and the landlord gives the type of written notice required by the applicable subparagraph (A), (B), or (C) of paragraph (3) of subsection (b) of this Section 20.

(d) WheneverIn aaddition complaintto ofany aother violationremedy ofsupplied in this Act isor receivedunder byanother alaw, lawif enforcementa agencylandlord thatperforms hasa jurisdictionresidential overlock-out, the locationtenant ofmay thefile dwellingsuit unitin orthe dwellingcircuit structurecourt inand question,upon theproof agencyof a violation shall investigatebe andentitled determineto whetherboth ainjunctive violationrelief hasand occurred.monetary damages.

If thea lawlandlord enforcementthreatens agencyor determinesattempts thatto perform a violationresidential haslock-out, occurred, the agencytenant shallmay forwardfile asuit reportin ofthe itscircuit investigationcourt toand theupon State’sproof Attorney of thea countyviolation inshall whichonly thebe dwellingentitled unitto orinjunctive dwellingrelief. structure is located for prosecution.

Every person who, by himself or herself or by his or her agents or employees, violates any of the provisions of this Section may for each offense be deemed guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of not more than $500 nor less than $200.

Each day that a violation occurs or continues constitutes a separate and distinct offense for which a fine shall be imposed.

(e) In addition to any other remedy supplied in this Act or under another law, if a landlord violates this Section, the tenant may file suit in the circuit court and upon proof of a violation shall be entitled to both injunctive relief and damages.

Damages shall be either in the amount of 2 times the tenant’s replacement costs, or 6 times the monthly HB4758 - 6 - LRB094 15383 AJO 50574 b rent for the unit, whichever is greater, plus the tenant’s reasonable attorney’s fees and costs.

HB4758 Engrossed - 6 - LRB094 15383 AJO 50574 b Section 25.