Illinois Compiled Statutes 55 ILCS 5/5-1005.10 – Ordinances penalizing tenants who contact police or other emergency services prohibited
Current as of: 2024 | Check for updates
|
Other versions
(a) Definitions. As used in this Section:
“Contact” includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.
“Criminal activity” means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act.
“Disability” means, with respect to a person:
(1) a physical or mental impairment which
“Contact” includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.
Terms Used In Illinois Compiled Statutes 55 ILCS 5/5-1005.10
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“Criminal activity” means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act.
“Disability” means, with respect to a person:
(1) a physical or mental impairment which
|
substantially limits one or more of such person’s major life activities;
|
(2) a record of having such an impairment; or
(3) being regarded as having such an impairment, but
(3) being regarded as having such an impairment, but
|
such term does not include current, illegal use of or addiction to a controlled substance, as defined in the federal Controlled Substances Act, 21 U.S.C. § 802.
|
“Domestic violence”, “landlord”, “sexual violence”, and “tenant” have the meanings provided under Section 10 of the Safe Homes Act.
“Dwelling unit” has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.
“Penalizes” includes, but is not limited to:
(1) assessment of fees or fines;
(2) revocation, suspension, or nonrenewal of any
“Dwelling unit” has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act.
“Penalizes” includes, but is not limited to:
(1) assessment of fees or fines;
(2) revocation, suspension, or nonrenewal of any
|
license or permit required for the rental or occupancy of any dwelling unit;
|
(3) termination or denial of a subsidized housing
|
contract or housing subsidy; and
|
(4) termination or nonrenewal of a residential lease
|
agreement.
|
“Subsidized housing” has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure.
(b) Protection.
(1) No county shall enact or enforce an ordinance or
(b) Protection.
(1) No county shall enact or enforce an ordinance or
|
regulation that penalizes tenants or landlords based on:
|
(A) contact made to police or other emergency
|
services, if (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual’s disability;
|
(B) an incident or incidents of actual or
|
threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or
|
(C) criminal activity or a local ordinance
|
violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest, or other party.
|
(2) Nothing with respect to this Section: (A) limits
|
enforcement of Section 15.2 of the Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, or Article IX of the Code of Civil Procedure; (B) prohibits counties from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or a local ordinance violation not covered by paragraph (1) of subsection (b) of this Section and to the extent otherwise permitted by existing State and federal law; or (C) limits or prohibits the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence, or other criminal activity.
|
(c) Remedies. If a county enacts or enforces an ordinance or regulation against a tenant or landlord in violation of subsection (b), the tenant or landlord may bring a civil action to seek any one or more of the following remedies:
(1) an order invalidating the ordinance or regulation
(1) an order invalidating the ordinance or regulation
|
to the extent required to bring the ordinance or regulation into compliance with the requirements of subsection (b);
|
(2) compensatory damages;
(3) reasonable attorney fees and court costs; or
(4) other equitable relief as the court may deem
(3) reasonable attorney fees and court costs; or
(4) other equitable relief as the court may deem
|
appropriate and just.
|
(d) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.