Illinois Strengthens Tenant Protections with New Landlord Retaliation Act
Illinois has enacted new legislation aimed at safeguarding renters from retaliatory actions by landlords. The Landlord Retaliation Act, Public Act 103-0831, introduces stringent measures against landlords who attempt to penalize tenants for legally protected activities.
This landmark legislation, also known as HB4768, was passed by the Illinois General Assembly to address growing concerns over unfair landlord practices across the state. The Act explicitly outlines various tenant activities that are protected, including filing complaints about code violations, participating in tenants’ unions, and engaging with community organizations to address issues related to their rental properties.
Under the new law, landlords are prohibited from engaging in retaliatory behaviors such as terminating a tenancy, increasing rent, decreasing services, or threatening legal action against tenants who have engaged in these protected activities. The Act provides a clear list of tenant actions that, if taken in good faith, must not lead to negative repercussions from the landlord. These include reporting building or health code violations, requesting repairs, and testifying in court or administrative proceedings regarding the premises’ condition.
The consequences for landlords who violate this Act are significant. Affected tenants can choose to terminate their rental agreements, in which case landlords must return all security deposits and prepaid rent. Additionally, tenants may recover possession of their premises if they have been unjustly dispossessed or threatened with eviction. Furthermore, tenants may seek financial damages—up to two months’ rent or double the damages they have sustained, whichever is greater—along with reasonable attorney’s fees.
The Act also introduces a rebuttable presumption in favor of the tenant in legal disputes involving alleged retaliatory actions. If a tenant shows that protected activity occurred within a year before the alleged retaliatory act, it is presumed that the landlord’s actions were retaliatory, unless the landlord can prove a legitimate, non-retaliatory basis for their actions.
