Illinois to Protect Immigrant Tenants from Evictions based on Citizenship

The “Immigrant Tenant Protection Act” was signed into law by Governor JB Pritzker on Wednesday, August 21, 2019. The new law prohibits landlords from evicting or retaliating against a tenant simply because of their immigration status. Specifically, the act prohibits the disclosure of information regarding the immigration or citizenship status of a tenant with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession. It also prohibits a landlord from bringing an action to recover possession of a dwelling unit based on the immigration or citizenship status of the tenant.

Governor Pritzker expressed to the public that “Where you were born has absolutely nothing to do with your ability to pay rent on time. Which is what the relationship between a landlord and a tenant should really be about.” According to State Rep. Theresa Mah, Chief Sponsor of the Bill in the House, the legislation came about as a result of specific incidents that have occurred in her district, including a case in which a landlord allegedly threatened a tenant with eviction if she did not perform uncompensated work (1) . The Shriver Center on Poverty Law, a non-profit agency in Chicago, has also reported troubling stories of immigrant tenants being evicted and harassed as well as incidents of landlords threatening to call federal immigration enforcement when tenants asked for basic repairs or essential services (2) .

The “Immigrant Tenant Protection Act” creates a cause of action that allows a tenant to sue for retaliation or eviction, or threats of retaliation or eviction, based on immigration status. A guilty landlord may be liable for actual damages and reasonable attorney fees, payable to the tenant, for each violation. Additionally, the “Immigrant Tenant Protection Act” amends the Illinois Code of Civil Procedure to include retaliation based on immigration status as an affirmative defense.

Illinois is the first state in the Midwest, and second state in the country, to enact legislation aimed at curbing landlord discrimination against immigrants.

If you believe you were evicted or threatened based on your immigration status, or if you are interested in learning more about your rights as a landlord, contact Chance Badertscher at 847-705-7555 or cbadertscher@lavellelaw.com.

1.Hancock, P. (2010, Aug. 21). Pritzker signs protections for immigrant tenants. Retrieved from https://www.daily-chronicle.com/2019/08/21/pritzker-signs-protections-for-immigrant-tenants/ago4xpo/

2.Herrera, K. (2019, May 3). Illinois Should Ensure all Tenants are Treated with Dignity. Retrieved from https://theshriverbrief.org/illinois-should-ensure-all-tenants-are-treated-with-dignity-677de2f7b308