HB 2775

Abstract

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.