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On Jan. 1st, the Illinois Safer Homes Act (765 ILCS 752) goes into effect. The act requires that a summary of the Illinois Safe Homes Act be attached as the first four pages of a residential lease in Illinois and that each of the four pages of the summary are initialed by tenants. The purpose of the act is to ensure that tenants are aware of the expansive rights that they have under Illinois law to protect against domestic violence, sexual violence or stalking. The Illinois Department of Human Rights has made a copy of the summary available online for landlords. Failure by a landlord to comply with the Illinois Safer Homes Act can result in a penalty of the greater of (i) the actual damages incurred by the tenant of up to $2,000; and (ii) $100. Further, a tenant, if it sues for failure to disclose the summary, can be reimbursed for its attorneys' fees arising out of a lawsuit against landlord.
The underlying act, the Illinois Safe Homes Act (765 ILCS 750), offers significant protections to tenants who credibly fear domestic violence, sexual violence or stalking. In particular, effective as of 2018, the Illinois Safe Homes Act provides an affirmative defense for a tenant in a rent collection lawsuit if the tenant vacates a rental unit due to "credible imminent threat" of domestic or sexual violence (765 ILCS 750/15) or if the tenant was the recent victim of sexual or domestic violence. Further, the act gives tenants the right to change locks on a residential unit if the tenant credibly fears domestic violence and prohibits landlords from discriminating against tenants who are victims or credibly fear domestic or sexual violence.
Landlords in Illinois must make difficult judgments when issues of sexual violence or domestic violence arise in their buildings. This office is available to provide guidance on how to protect parties under both the new Safer Homes Act and the underlying Safe Homes Act.
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