Bill Text: IL HB5314 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5314 Detail]

Download: Illinois-2023-HB5314-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5314 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
55 ILCS 5/1005.11 new
55 ILCS 5/5-1005.10 rep.
65 ILCS 5/1-2-1.6 new
65 ILCS 5/1-2-1.5 rep.
310 ILCS 10/8.25 new
Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.
LRB103 38805 AWJ 68942 b
A BILL FOR
HB5314 LRB103 38805 AWJ 68942 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
1005.11 as follows:
(55 ILCS 5/1005.11 new)
Sec. 1005.11. Regulations penalizing tenants for contact
with law enforcement agencies.
(a) As used in this Section:
"Certificate of occupancy" means a license or permit
required for the rental or occupancy of a dwelling unit.
"Contact" encompasses any interaction with a law
enforcement agency, including, but not limited to, notice,
stop, arrest or detention, conviction or charge, or calls to
or response by a law enforcement agency or other emergency
services.
"Law enforcement agency" means a department or agency of
the United States, a state, a local government, or other
political subdivision of the United States, a state, or a
local government authorized by law or regulation to engage in
or supervise the prevention, detection, investigation, or
prosecution of a violation of criminal or civil law,
including, but not limited to, United States Immigration and

HB5314 - 2 - LRB103 38805 AWJ 68942 b
Customs Enforcement and the State's Department of Human
Services or Department of Children and Family Services.
"Penalize" means any of the following:
(1) An actual or threatened assessment of fees, fines,
or other penalties.
(2) An actual or threatened eviction, termination of a
tenancy, or failure to renew a tenancy.
(3) An actual or threatened denial of a housing
subsidy or subsidized housing contract.
(4) An actual or threatened denial of housing.
(5) An actual or threatened revocation, suspension, or
nonrenewal of a certificate of occupancy.
(6) A designation of closure or a threatened closure
of a property, designation as a nuisance property or as a
perpetrator of criminal activity under local regulation,
or imposition or threatened imposition of a similar
designation.
(7) An actual or threatened nuisance action.
(8) A mandate or encouragement of the warrantless
installation of, or police access to, surveillance
equipment, such as cameras, recorders, or other similar
devices intended to monitor tenant activity.
(9) An actual or threatened restriction on the right
to quiet enjoyment, including, but not limited to, the
right to have guests.
(10) Any other action that has the effect of

HB5314 - 3 - LRB103 38805 AWJ 68942 b
materially interfering with the landlord's property or a
tenant's or applicant's housing, tenancy, or housing
opportunity.
"Subsidized housing" means any local, State, or federal
housing program intended to provide affordable housing or a
housing subsidy or rental assistance to low-income or
moderate-income persons.
"Program" means any voluntary or mandatory initiative
operated or endorsed by a local government, a housing
authority, or a law enforcement agency.
(b) A county may not enact a program, ordinance,
resolution, or other regulation that:
(1) penalizes landlords or tenants, guests, or others
for contact with a law enforcement agency;
(2) requires or encourages landlords to evict or
penalize tenants or household members for contact with a
law enforcement agency, a criminal conviction, or alleged
unlawful conduct, including through cooperating agreements
with law enforcement agencies;
(3) requires or promotes the use of criminal
background checks of prospective or current tenants;
(4) defines nuisance behavior to include contact with
a law enforcement agency;
(5) requires tenants to secure certificates of
occupancy as a condition of leasing rental housing or
turning on utilities;

HB5314 - 4 - LRB103 38805 AWJ 68942 b
(6) creates or promotes the use of a registry of
individual tenants for the purpose of discouraging
landlords from renting to those tenants or otherwise
excluding such individuals from rental housing within the
subject jurisdiction;
(7) penalizes tenants, guests, or others for contact
made to police or other emergency services; or
(8) requires or promotes the use of a lease addendum
that penalizes tenants, guests, or others for any of the
conditions listed in paragraphs (1) through (7) or is
contrary to or inconsistent with requirements under
federal law.
(c) A program, ordinance, resolution, or other regulation
that violates any of the provisions of this Section is void and
unenforceable and cannot serve as a basis to pursue an
eviction.
(d) A resident, tenant, prospective tenant, owner,
landlord, occupant, or any other aggrieved party may file an
action in circuit court, including for injunctive relief or
monetary relief, against a county to enforce the various
provisions of this Section, including, without limitation, an
order invalidating the subject program, ordinance, resolution,
or other regulation to the extent required to bring it into
compliance with the requirements of this Section. A person or
entity who is the prevailing party in an action under this
subsection shall also be entitled to reasonable attorney's

HB5314 - 5 - LRB103 38805 AWJ 68942 b
fees and costs.
(e) A county with a program, ordinance, resolution, or
other regulation that violates any of the provisions of this
Section shall repeal the program, ordinance, resolution, or
other regulation no later than one year after the effective
date of this amendatory Act of the 103rd General Assembly.
(f) A home rule county may not have regulations that are
inconsistent with this Section. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(55 ILCS 5/5-1005.10 rep.)
Section 10. The Counties Code is amended by repealing
Section 5-1005.10.
Section 15. The Illinois Municipal Code is amended by
adding Section 1-2-1.6 as follows:
(65 ILCS 5/1-2-1.6 new)
Sec. 1-2-1.6. Regulations penalizing tenants for contact
with law enforcement agencies.
(a) As used in this Section:
"Certificate of occupancy" means a license or permit
required for the rental or occupancy of a dwelling unit.
"Contact" encompasses any interaction with a law

HB5314 - 6 - LRB103 38805 AWJ 68942 b
enforcement agency, including, but not limited to, notice,
stop, arrest or detention, conviction or charge, or calls to
or response by a law enforcement agency or other emergency
services.
"Law enforcement agency" means a department or agency of
the United States, a state, a local government, or other
political subdivision of the United States, a state, or a
local government authorized by law or regulation to engage in
or supervise the prevention, detection, investigation, or
prosecution of a violation of criminal or civil law,
including, but not limited to, United States Immigration and
Customs Enforcement and the State's Department of Human
Services or Department of Children and Family Services.
"Penalize" means any of the following:
(1) An actual or threatened assessment of fees, fines,
or other penalties.
(2) An actual or threatened eviction, termination of a
tenancy, or failure to renew a tenancy.
(3) An actual or threatened denial of a housing
subsidy or subsidized housing contract.
(4) An actual or threatened denial of housing.
(5) An actual or threatened revocation, suspension, or
nonrenewal of a certificate of occupancy.
(6) A designation of closure or a threatened closure
of a property, designation as a nuisance property or as a
perpetrator of criminal activity under local regulation,

HB5314 - 7 - LRB103 38805 AWJ 68942 b
or imposition or threatened imposition of a similar
designation.
(7) An actual or threatened nuisance action.
(8) A mandate or encouragement of the warrantless
installation of, or police access to, surveillance
equipment, such as cameras, recorders, or other similar
devices intended to monitor tenant activity.
(9) An actual or threatened restriction on the right
to quiet enjoyment, including, but not limited to, the
right to have guests.
(10) Any other action that has the effect of
materially interfering with the landlord's property or a
tenant's or applicant's housing, tenancy, or housing
opportunity.
"Subsidized housing" means any local, State, or federal
housing program intended to provide affordable housing or a
housing subsidy or rental assistance to low-income or
moderate-income persons.
"Program" means any voluntary or mandatory initiative
operated or endorsed by a local government, a housing
authority, or a law enforcement agency.
(b) A municipality may not enact a program, ordinance,
resolution, or other regulation that:
(1) penalizes landlords or tenants, guests, or others
for contact with a law enforcement agency;
(2) requires or encourages landlords to evict or

HB5314 - 8 - LRB103 38805 AWJ 68942 b
penalize tenants or household members for contact with a
law enforcement agency, a criminal conviction, or alleged
unlawful conduct, including through cooperating agreements
with law enforcement agencies;
(3) requires or promotes the use of criminal
background checks of prospective or current tenants;
(4) defines nuisance behavior to include contact with
a law enforcement agency;
(5) requires tenants to secure certificates of
occupancy as a condition of leasing rental housing or
turning on utilities;
(6) creates or promotes the use of a registry of
individual tenants for the purpose of discouraging
landlords from renting to those tenants or otherwise
excluding such individuals from rental housing within the
subject jurisdiction;
(7) penalizes tenants, guests, or others for contact
made to police or other emergency services; or
(8) requires or promotes the use of a lease addendum
that penalizes tenants, guests, or others for any of the
conditions listed in paragraphs (1) through (7) or is
contrary to or inconsistent with requirements under
federal law.
(c) A program, ordinance, resolution, or other regulation
that violates any of the provisions of this Section is void and
unenforceable and cannot serve as a basis to pursue an

HB5314 - 9 - LRB103 38805 AWJ 68942 b
eviction.
(d) A resident, tenant, prospective tenant, owner,
landlord, occupant, or any other aggrieved party may file an
action in circuit court, including for injunctive relief or
monetary relief, against a municipality to enforce the various
provisions of this Section, including, without limitation, an
order invalidating the subject program, ordinance, resolution,
or other regulation to the extent required to bring it into
compliance with the requirements of this Section. A person or
entity who is the prevailing party in an action under this
subsection shall also be entitled to reasonable attorney's
fees and costs.
(e) A municipality with a program, ordinance, resolution,
or other regulation that violates any of the provisions of
this Section shall repeal the program, ordinance, resolution,
or other regulation no later than one year after the effective
date of this amendatory Act of the 103rd General Assembly.
(f) A home rule municipality may not have regulations that
are inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(65 ILCS 5/1-2-1.5 rep.)
Section 20. The Illinois Municipal Code is amended by
repealing Section 1-2-1.5.

HB5314 - 10 - LRB103 38805 AWJ 68942 b
Section 25. The Housing Authorities Act is amended by
adding Section 8.25 as follows:
(310 ILCS 10/8.25 new)
Sec. 8.25. Regulations penalizing tenants for contact with
law enforcement agencies.
(a) As used in this Section:
"Certificate of occupancy" means a license or permit
required for the rental or occupancy of a dwelling unit.
"Contact" encompasses any interaction with a law
enforcement agency, including, but not limited to, notice,
stop, arrest or detention, conviction or charge, or calls to
or response by a law enforcement agency or other emergency
services.
"Law enforcement agency" means a department or agency of
the United States, a state, a local government, or other
political subdivision of the United States, a state, or a
local government authorized by law or regulation to engage in
or supervise the prevention, detection, investigation, or
prosecution of a violation of criminal or civil law,
including, but not limited to, United States Immigration and
Customs Enforcement and the State's Department of Human
Services or Department of Children and Family Services.
"Penalize" means any of the following:
(1) An actual or threatened assessment of fees, fines,

HB5314 - 11 - LRB103 38805 AWJ 68942 b
or other penalties.
(2) An actual or threatened eviction, termination of a
tenancy, or failure to renew a tenancy.
(3) An actual or threatened denial of a housing
subsidy or subsidized housing contract.
(4) An actual or threatened denial of housing.
(5) An actual or threatened revocation, suspension, or
nonrenewal of a certificate of occupancy.
(6) A designation of closure or a threatened closure
of a property, designation as a nuisance property or as a
perpetrator of criminal activity under local regulation,
or imposition or threatened imposition of a similar
designation.
(7) An actual or threatened nuisance action.
(8) A mandate or encouragement of the warrantless
installation of, or police access to, surveillance
equipment, such as cameras, recorders, or other similar
devices intended to monitor tenant activity.
(9) An actual or threatened restriction on the right
to quiet enjoyment, including, but not limited to, the
right to have guests.
(10) Any other action that has the effect of
materially interfering with the landlord's property or a
tenant's or applicant's housing, tenancy, or housing
opportunity.
"Subsidized housing" means any local, State, or federal

HB5314 - 12 - LRB103 38805 AWJ 68942 b
housing program intended to provide affordable housing or a
housing subsidy or rental assistance to low-income or
moderate-income persons.
"Program" means any voluntary or mandatory initiative
operated or endorsed by a local government, a housing
authority, or a law enforcement agency.
(b) A housing authority may not enact a program,
ordinance, resolution, or other regulation that:
(1) penalizes landlords or tenants, guests, or others
for contact with a law enforcement agency;
(2) requires or encourages landlords to evict or
penalize tenants or household members for contact with a
law enforcement agency, a criminal conviction, or alleged
unlawful conduct, including through cooperating agreements
with law enforcement agencies;
(3) requires or promotes the use of criminal
background checks of prospective or current tenants;
(4) defines nuisance behavior to include contact with
a law enforcement agency;
(5) requires tenants to secure certificates of
occupancy as a condition of leasing rental housing or
turning on utilities;
(6) creates or promotes the use of a registry of
individual tenants for the purpose of discouraging
landlords from renting to those tenants or otherwise
excluding such individuals from rental housing within the

HB5314 - 13 - LRB103 38805 AWJ 68942 b
subject jurisdiction;
(7) penalizes tenants, guests, or others for contact
made to police or other emergency services; or
(8) requires or promotes the use of a lease addendum
that penalizes tenants, guests, or others for any of the
conditions listed in paragraphs (1) through (7) or is
contrary to or inconsistent with requirements under
federal law.
(c) A program, ordinance, resolution, or other regulation
that violates any of the provisions of this Section is void and
unenforceable and cannot serve as a basis to pursue an
eviction.
(d) A resident, tenant, prospective tenant, owner,
landlord, occupant, or any other aggrieved party may file an
action in circuit court, including for injunctive relief or
monetary relief, against a housing authority to enforce the
various provisions of this Section, including, without
limitation, an order invalidating the subject program,
ordinance, resolution, or other regulation to the extent
required to bring it into compliance with the requirements of
this Section. A person or entity who is the prevailing party in
an action under this subsection shall also be entitled to
reasonable attorney's fees and costs.
(e) A housing authority with a program, ordinance,
resolution, or other regulation that violates any of the
provisions of this Section shall repeal the program,

HB5314 - 14 - LRB103 38805 AWJ 68942 b
ordinance, resolution, or other regulation no later than one
year after the effective date of this amendatory Act of the
103rd General Assembly.
(f) A home rule municipality may not have regulations that
are inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.