Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3750 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3750 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1015 new Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025. LRB103 38563 JRC 68699 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3750 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025. LRB103 38563 JRC 68699 b LRB103 38563 JRC 68699 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3750 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new
4	4	New Act
5	5	30 ILCS 105/5.1015 new
6	6	Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025.
7	7	LRB103 38563 JRC 68699 b LRB103 38563 JRC 68699 b
8	8	LRB103 38563 JRC 68699 b
9	9	A BILL FOR
10	10	SB3750LRB103 38563 JRC 68699 b SB3750 LRB103 38563 JRC 68699 b
11	11	SB3750 LRB103 38563 JRC 68699 b
12	12	1 AN ACT concerning civil law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Low-Income Tenant's Right to Counsel Act.
17	17	6 Section 5. Legislative intent. Subject to appropriation,
18	18	7 the intent of this Act is to codify access to free legal
19	19	8 services and representation for low-income individuals
20	20	9 experiencing eviction and to require landlords to disclose to
21	21	10 their tenants certain information regarding the access of full
22	22	11 legal representation in eviction proceedings.
23	23	12 Section 10. Definitions. In this Act:
24	24	13 "Board" means the county board of commissioners as used in
25	25	14 Division 3-4 of the Counties Code.
26	26	15 "Community group" means a nonprofit entity with the
27	27	16 capacity to conduct tenant outreach and provide engagement,
28	28	17 education, and information.
29	29	18 "Covered individual" means an individual who:
30	30	19 (1) occupies a residential property under a claim of
31	31	20 legal right other than owner, including a tenant in a
32	32	21 building owned, operated, or managed by a public housing
33	33	22 authority; and
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3750 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
38	38	New Act30 ILCS 105/5.1015 new New Act 30 ILCS 105/5.1015 new
39	39	New Act
40	40	30 ILCS 105/5.1015 new
41	41	Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025.
42	42	LRB103 38563 JRC 68699 b LRB103 38563 JRC 68699 b
43	43	LRB103 38563 JRC 68699 b
44	44	A BILL FOR
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50	50	New Act
51	51	30 ILCS 105/5.1015 new
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70	70	1 (2) is a member of a household with an income that is
71	71	2 not greater than 80% of the median income, adjusted for
72	72	3 household size, in the State as determined by the United
73	73	4 States Department of Health and Human Services or its
74	74	5 successor.
75	75	6 "Covered proceedings" mean any judicial or administrative
76	76	7 proceeding related to a covered individual who is facing
77	77	8 eviction or civil claim for monetary damages for nonpayment of
78	78	9 rent, including any proceeding deemed by a designated
79	79	10 organization as the functional equivalent of such a
80	80	11 proceeding, and any related appeals, or any action by a
81	81	12 governmental assistance-providing agency terminating a subsidy
82	82	13 or otherwise adversely affecting a tenant's rights, duties,
83	83	14 welfare, or status.
84	84	15 "Designated organization" means a nonprofit entity
85	85	16 designated by a Board with the ability to provide legal
86	86	17 representation to covered individuals.
87	87	18 "Full legal representation" includes ongoing legal
88	88	19 representation for the duration of a covered proceeding
89	89	20 provided by a court-appointed counsel to a covered individual
90	90	21 and all legal advice, advocacy, mediation, negotiations, and
91	91	22 assistance associated with a covered proceeding until its
92	92	23 conclusion.
93	93	24 "Fund" means the Access to Counsel in Evictions Special
94	94	25 Fund.
95	95	26 "Program" means the Access to Counsel in Evictions
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106	106	1 Program.
107	107	2 Section 15. Access to counsel; assurance of right to
108	108	3 counsel; education and outreach.
109	109	4 (a) A covered individual subject to a termination of
110	110	5 tenancy, an eviction proceeding, or, as determined by a
111	111	6 designated organization, a constructive eviction, has a right
112	112	7 to full representation by a counsel as appointed by the court
113	113	8 during covered proceedings.
114	114	9 (b) The court must appoint an attorney for a covered
115	115	10 individual at any show cause hearing or scheduled trial.
116	116	11 Subject to the availability of amounts appropriated for this
117	117	12 specific purpose, the county shall pay the costs of legal
118	118	13 services provided by an attorney appointed under this
119	119	14 subsection. The county is responsible for implementation of
120	120	15 this subsection.
121	121	16 (c) Each board may contract, if eligible, with a
122	122	17 designated organization to provide all or part of the services
123	123	18 required under this Act. Each board must designate and
124	124	19 contract with an appropriate community group, if available, to
125	125	20 conduct outreach and provide education to tenants locally
126	126	21 regarding tenants' rights and the access to legal
127	127	22 representation under this Act.
128	128	23 Section 20. Notice of right to counsel.
129	129	24 (a) The complaint required by Section 9-106 of the Code of
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140	140	1 Civil Procedure shall include the notice on the first page of
141	141	2 the complaint in bold 12-point type: "If the defendant's
142	142	3 income is not greater than 80% of the median income in this
143	143	4 State, the defendant has the right to court-appointed counsel
144	144	5 in these proceedings." These Complaints shall refer to
145	145	6 resources in each judicial circuit a defendant may access to
146	146	7 determine eligibility and contact a designated organization or
147	147	8 community group for further advice, as available.
148	148	9 (b) After the effective date of this Act, all new
149	149	10 residential lease agreements and renewal of existing lease
150	150	11 agreements shall include a provision stating that tenants with
151	151	12 incomes no greater than 80% of the median income in this State
152	152	13 have a right to full legal representation during covered
153	153	14 proceedings, along with a citation to this Act.
154	154	15 (c) If a landlord and tenant are operating under a lease
155	155	16 agreement before the effective date of this Act, the landlord
156	156	17 shall notify the tenant in writing that tenants with incomes
157	157	18 no greater than 80% of the median income in this State have a
158	158	19 right to full legal representation during covered proceedings,
159	159	20 along with a citation to this Act. This notification must be
160	160	21 provided to the tenant within 30 days following the effective
161	161	22 date of this Act.
162	162	23 (d) At the initial hearing for a covered proceeding, if
163	163	24 the defendant does not already have representation, the court
164	164	25 shall ask the defendant if the defendant wants court-appointed
165	165	26 counsel and shall explain what such appointed counsel can
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176	176	1 accomplish for the defendant.
177	177	2 Section 25. Qualifications of court-appointed counsel.
178	178	3 Counsel appointed by the court for the purposes of this Act
179	179	4 must have a minimum of two years' experience handling eviction
180	180	5 defense or training in handling evictions or be supervised by
181	181	6 an attorney who meets these minimum qualifications.
182	182	7 Section 30. Compensation. By January 1, 2025, and every
183	183	8 year thereafter, the chief judge of each judicial circuit,
184	184	9 after consultation with public housing attorneys, legal aid
185	185	10 attorneys, and members of the private bar in the circuit,
186	186	11 shall establish a compensation rate for attorney's
187	187	fees and
188	188	12 costs associated with representation under this Act. The
189	189	13 compensation to be paid to an attorney for such service
190	190	14 rendered to a defendant under this Act may not exceed $5,000,
191	191	15 exclusive of reimbursement for expenses reasonably incurred,
192	192	16 unless payment in excess of that limit is certified by the
193	193	17 chief judge of the circuit as necessary to provide fair
194	194	18 compensation for services of an unusual character or duration.
195	195	19 Section 90. The State Finance Act is amended by adding
196	196	20 Section 5.1015 as follows:
197	197	21 (30 ILCS 105/5.1015 new)
198	198	22 Sec. 5.1015. The Access to Counsel in Evictions Special
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209	209	1 Fund.
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