103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5432 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12022 new65 ILCS 5/11-13-28 new Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately. LRB103 38130 AWJ 68262 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5432 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12022 new65 ILCS 5/11-13-28 new 55 ILCS 5/5-12022 new 65 ILCS 5/11-13-28 new Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately. LRB103 38130 AWJ 68262 b LRB103 38130 AWJ 68262 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5432 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12022 new65 ILCS 5/11-13-28 new 55 ILCS 5/5-12022 new 65 ILCS 5/11-13-28 new
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.
LRB103 38130 AWJ 68262 b LRB103 38130 AWJ 68262 b
LRB103 38130 AWJ 68262 b
A BILL FOR
HB5432LRB103 38130 AWJ 68262 b HB5432 LRB103 38130 AWJ 68262 b
HB5432 LRB103 38130 AWJ 68262 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by adding Section
5 5-12022 as follows:
6 (55 ILCS 5/5-12022 new)
7 Sec. 5-12022. Prohibition on crime-free housing
8 ordinances.
9 (a) As used in this Section, "penalty against a landlord"
10 includes, but is not limited to, an action against a landlord
11 in response to a landlord failing to implement or enforce an
12 ordinance, resolution, policy, program, or other regulation
13 prohibited by this Section, including revoking, suspending, or
14 refusing to issue a permit or license otherwise required by
15 the county for a property owner or landlord to engage in the
16 business of leasing within the county.
17 (b) A county may not adopt, enforce, or implement an
18 ordinance, resolution, policy, program, or other regulation
19 affecting a tenancy that does any of the following:
20 (1) imposes or threatens to impose a penalty against a
21 resident, property owner, tenant, landlord, or other
22 person solely as a consequence of contact with a law
23 enforcement agency;
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5432 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12022 new65 ILCS 5/11-13-28 new 55 ILCS 5/5-12022 new 65 ILCS 5/11-13-28 new
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.
LRB103 38130 AWJ 68262 b LRB103 38130 AWJ 68262 b
LRB103 38130 AWJ 68262 b
A BILL FOR
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
LRB103 38130 AWJ 68262 b
HB5432 LRB103 38130 AWJ 68262 b
HB5432- 2 -LRB103 38130 AWJ 68262 b HB5432 - 2 - LRB103 38130 AWJ 68262 b
HB5432 - 2 - LRB103 38130 AWJ 68262 b
1 (2) requires a property owner or landlord to do, or
2 imposes a penalty on a property owner or landlord for the
3 failure to do, any of the following:
4 (A) evict or penalize a tenant because of the
5 tenant's association with another tenant or household
6 member who has had contact with a law enforcement
7 agency or has a criminal conviction;
8 (B) evict, refuse to lease or renew a lease, or
9 otherwise penalize a tenant because of the tenant's
10 criminal history or alleged unlawful conduct or
11 arrest; or
12 (C) include a provision in a lease or rental
13 agreement that provides as grounds for eviction, any
14 cause that is in conflict with state or federal law;
15 (3) defines as a nuisance any contact by a tenant with
16 a law enforcement agency or any request by a tenant,
17 landlord, resident or property owner for emergency
18 assistance;
19 (4) requires a tenant to obtain a certificate of
20 occupancy as a condition of tenancy; or
21 (5) establishes, maintains, or promotes a registry of
22 tenants for the purposes of discouraging a landlord from
23 renting to a tenant on the registry or excluding a tenant
24 on the registry from rental housing within the county.
25 (c) A home rule county may not regulate tenancy in a manner
26 inconsistent with this Section. This Section is a limitation
HB5432 - 2 - LRB103 38130 AWJ 68262 b
HB5432- 3 -LRB103 38130 AWJ 68262 b HB5432 - 3 - LRB103 38130 AWJ 68262 b
HB5432 - 3 - LRB103 38130 AWJ 68262 b
1 under subsection (i) of Section 6 of Article VII of the
2 Illinois Constitution on the concurrent exercise by home rule
3 units of powers and functions exercised by the State.
4 Section 10. The Illinois Municipal Code is amended by
5 adding Section 11-13-28 as follows:
6 (65 ILCS 5/11-13-28 new)
7 Sec. 11-13-28. Prohibition on crime-free housing
8 ordinances.
9 (a) As used in this Section, "penalty against a landlord"
10 includes, but is not limited to, an action against a landlord
11 in response to a landlord failing to implement or enforce an
12 ordinance, resolution, policy, program, or other regulation
13 prohibited by this Section, including revoking, suspending, or
14 refusing to issue a permit or license otherwise required by
15 the municipality for a property owner or landlord to engage in
16 the business of leasing within the municipality.
17 (b) A municipality may not adopt, enforce, or implement an
18 ordinance, resolution, policy, program, or other regulation
19 affecting a tenancy that does any of the following:
20 (1) imposes or threatens to impose a penalty against a
21 resident, property owner, tenant, landlord, or other
22 person solely as a consequence of contact with a law
23 enforcement agency;
24 (2) requires a property owner or landlord to do, or
HB5432 - 3 - LRB103 38130 AWJ 68262 b
HB5432- 4 -LRB103 38130 AWJ 68262 b HB5432 - 4 - LRB103 38130 AWJ 68262 b
HB5432 - 4 - LRB103 38130 AWJ 68262 b
1 imposes a penalty on a property owner or landlord for the
2 failure to do, any of the following:
3 (A) evict or penalize a tenant because of the
4 tenant's association with another tenant or household
5 member who has had contact with a law enforcement
6 agency or has a criminal conviction;
7 (B) evict, refuse to lease or renew a lease, or
8 otherwise penalize a tenant because of the tenant's
9 criminal history or alleged unlawful conduct or
10 arrest; or
11 (C) include a provision in a lease or rental
12 agreement that provides as grounds for eviction, any
13 cause that is in conflict with state or federal law;
14 (3) defines as a nuisance any contact by a tenant with
15 a law enforcement agency or any request by a tenant,
16 landlord, resident or property owner for emergency
17 assistance;
18 (4) requires a tenant to obtain a certificate of
19 occupancy as a condition of tenancy; or
20 (5) establishes, maintains, or promotes a registry of
21 tenants for the purposes of discouraging a landlord from
22 renting to a tenant on the registry or excluding a tenant
23 on the registry from rental housing within the
24 municipality.
25 (c) A home rule municipality may not regulate tenancy in a
26 manner inconsistent with this Section. This Section is a
HB5432 - 4 - LRB103 38130 AWJ 68262 b
HB5432- 5 -LRB103 38130 AWJ 68262 b HB5432 - 5 - LRB103 38130 AWJ 68262 b
HB5432 - 5 - LRB103 38130 AWJ 68262 b
1 limitation under subsection (i) of Section 6 of Article VII of
2 the Illinois Constitution on the concurrent exercise by home
3 rule units of powers and functions exercised by the State.
HB5432 - 5 - LRB103 38130 AWJ 68262 b