Illinois House Bill HB3320

Illinois 2023-2024 Regular Session

• Introduced: 2/17/23
• Refer: 2/28/23
• Refer: 2/17/23
• Refer: 3/10/23
• Refer: 3/12/24
• Refer: 4/5/24

Caption

MUNI-ADVERSE POSSESSION/TENANT

Impact

The implementation of HB3320 could significantly alter landlord-tenant laws within Illinois, particularly concerning the responsibilities of property owners and the authority of municipal clerks. By mandating filing lease agreements, it adds a layer of legal compliance that property owners must navigate. Additionally, the establishment of a residential lease depository allows municipal clerks to have greater jurisdiction over housing issues, including the power to file eviction notices. This could potentially lead to quicker resolutions to housing disputes, particularly in municipalities struggling with unauthorized residencies.

Summary

House Bill 3320 (HB3320) amends the Illinois Municipal Code to introduce a residential lease depository system. This requires municipal clerks to establish a repository for lease agreements for single-family houses rented to tenants. Property owners must file lease agreements which must state all authorized residents. Importantly, these leases are exempt from the Freedom of Information Act, ensuring tenant privacy. The bill allows clerks to initiate eviction proceedings against unauthorized residents if complaints or citations are received regarding unlawful occupants. This aims to streamline the eviction process for unauthorized tenants.

Contention

While the bill is intended to enhance regulatory oversight and protect property rights, it may also raise concerns about tenant privacy and local governance. Critics argue that the requirement for leases to be filed could deter landlords from renting to certain demographic groups due to perceived risks associated with tenant verification. Furthermore, the bill's blanket exemption from the Freedom of Information Act for these leases could hinder accountability and transparency in housing practices. As such, the discussion surrounding HB3320 may involve a balancing act between enhancing property owner rights and ensuring tenant protections.