Housing (Landlords)

Creates the Landlord-Tenant Task Force to acknowledge and address the complex challenges faced by both landlords and tenants in our communities across Illinois.

SB 1260 (Rent Control Preemption Act) repeals the existing Rent Control Preemption Act in Illinois. This bill removes a state law that prevented local governments from enacting their own rent control policies. By repealing this preemption, the bill directly affects cities and counties, enabling them to implement local rent control measures for landlords and tenants within their jurisdictions. The legislation itself does not create new rent control rules but eliminates a barrier to local policy-making.

Amends the Landlord and Tenant Act. Prohibits a landlord or lessor from refusing to rent to, deny housing to, or impose conditions on a lessee or tenant based on the breed of a dog or dogs in residential housing that contains more than 3 units of housing. Provides that nothing in the Act affects the ability of a unit of local government to enforce provisions of the Animal Control Act regarding a dangerous dog or vicious dog. Provides that if a lessor or landlord violates these provisions, upon request of the affected lessee or tenant, the Illinois Housing Development Authority must investigate the matter. Provides that if the Authority finds that a lessor or landlord has violated the Act, it must commence an action or proceeding in the circuit court of the county in which the premises are situated to stop the violation either by mandamus or injunction. Provides that the amendatory Act applies to a renewal or modification of residential leases that contain more than 3 units of housing after the effective date of the Act and for new residential leases entered into after that date.

Creates the Housing Equity, Affordability, and Development Act. Provides that the Department of Revenue shall collect a fee from landlords with more than 5 units in an amount equal to 5% of the difference between their monthly rental income for a unit and $1,200, unless the rental income for the unit is less than $1,200, to be paid into the Housing Equity, Affordability, and Development Fund. The Illinois Housing Development Authority shall create a program under the Act to assist in home purchases for households whose tenant payments to the landlord have been more than 30% of their income for a period of 12 calendar months, and whose income is less than 3.33 times the median rent for their metropolitan area; or if the household does not live in a metropolitan area, 3.33 times the median rent in the closest metropolitan area. Provides that assistance shall be limited to $15,000 per household.

Creates the Eviction Moratorium Clarification Act. Provides that in any eviction moratorium issued by the Governor through Executive Order or legislation passed by the General Assembly, the moratorium shall not prohibit the eviction of specified individuals. Provides that evictions may be filed, commenced, and enforced against the specified individuals, along with any individuals who otherwise fail to meet the stated requirements of an eviction moratorium. Provides that in a rental or lease agreement in which utility payments are included in the rent payment, the landlord or property manager shall not be responsible for a tenant's portion of a monthly utility payment for a tenant not paying rent who is protected by an eviction moratorium if the utility charges for that tenant are for more than 20% higher usage than any month in the previous year. Effective immediately.

Amends the Mobile Home Landlord and Tenant Rights Act. Prohibits a park owner from increasing rent more than 3% per year. Provides that a park owner may adjust rent annually, beginning in 2027, to reflect a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year that may not be more than a 5% increase in the 3% cap. Provides that the amendatory Act may be referred to as the Mobile Home Tenant Protection Act.

Amends the Illinois Human Rights Act. Makes it a violation of the Real Estate Transactions Article of the Act to unlawfully discriminate using credit score and history, including insufficient credit history. Limits these provisions to landlord and tenant agreements only.

Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Allows a property owner or authorized agent to request a law enforcement officer to remove an unlawful occupant of a residential dwelling if certain conditions are met. Creates a complaint form for the property owner to complete and give to a law enforcement officer to use when requesting the removal of an unlawful occupant. Provides that if the law enforcement officer verifies the information in the form, the law enforcement officer must serve a notice on the unlawful occupant to vacate the dwelling. Requires the unlawful occupant to vacate the dwelling within 3 business days of receiving the notice. Authorizes the law enforcement officer, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the law enforcement officer to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the law enforcement officer to charge reasonable fees to provide notice and remain on the premises. Allows a person to bring an action for wrongful removal, and allows the property owner to file an answer contesting the claims of the person bringing the action. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property. Provides that a person commits a Class A misdemeanor when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.

Amends the Counties Code. Provides that a county shall not adopt, enforce, or implement any ordinance, resolution, policy, program, or other regulation that contains certain provisions such as imposing or threatening to impose a penalty against a resident, property owner, tenant, landlord, or other person as a consequence of requests for law enforcement or emergency assistance, on their own behalf or on behalf of another person in need of assistance, including, but not limited to, a request related to an incident of domestic violence, dating violence, sexual assault, stalking, or another act of violence or concerning an individual with a disability or a person entitled to protections under the Juvenile Court Act of 1987. Provides that if a county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall create the Office of the Crime Free Housing Coordinator. Provides that the coordinator shall be designated by the county board and shall have no less than 3 years of experience in social work, social services, or community advocacy. Provides that the coordinator shall receive fair housing training from a qualified fair housing program, including training specific to housing protections for survivors of domestic violence, dating violence, sexual assault, stalking, and other victims, persons with disabilities, and persons entitled to protection under the Juvenile Court Act of 1987. Provides that any resident, property owner, tenant, landlord, or other person that receives a notice to quit due to a violation of a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation shall be directed to the Office of the Crime Free Housing Coordinator by the county. Provides that a home rule county may not regulate tenancy in a manner inconsistent with this provision. Amends the Illinois Municipal Code and the Housing Authorities Act to make conforming changes.

Amends the Landlord Tenant Act to create a pet fee (any one-time non-refundable fee paid at the beginning of a tenancy to allow a pet to remain at the property for the duration of the tenancy) and "pet rent" (any recurring non-refundable fee paid alongside rent to allow a pet to remain at the property for the duration of the tenancy). Provides that a landlord may charge a tenant either a one-time pet fee or recurring pet rent, but not both. Provides that pet fees may not exceed $500 and pet rent may not exceed $25 for small animals and $50 for large animals per pet. Provides that a landlord may not charge a pet fee or pet rent for an assistance animal consistent with the Assistance Animal Integrity Act. Provides that nothing in the Act may be construed to require a landlord to charge either a pet fee or pet rent.