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New IL law widens tenant-landlord divide

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Wednesday, August 28, 2024   

A controversial Illinois law signed earlier this month has pushed landlords and tenants even further apart.

Gov. JB Pritzker signed the Landlord Retaliation Act, which puts restrictions on landlords. The measure prevents them from terminating leases, increasing rent or threatening a tenant with a lawsuit over disputes. Further restraints include barring them from refusing to renew a lease after a tenant has filed a code violation complaint.

John Bartlett, executive director of the Metropolitan Tenants Organization, supported the measure and views it as another layer of protection for tenants.

"A lot of tenants end up getting retaliated against because they've complained to a governmental agency or requested an inspection because of poor maintenance issues in a building," Bartlett pointed out. "What it does is it creates a presumption, a rebuttable presumption, for eviction court, that a tenant can defend themselves against the eviction."

Bartlett seeks more landlord accountability and believes one solution to curb tenant discrimination and retaliatory behavior is a just cause for eviction law. It permits landlords to evict tenants for any or no reason as long as notice is given before eviction papers are filed in court. Under Illinois law, a landlord must notify a tenant in writing of the intention to terminate a lease. A 30-day notice is required for month-to-month leases, and a 60-day notice for a yearly lease.

Although the Landlord Retaliation Act passed Springfield's House and Senate chambers by nearly 2-1, the legislation has drawn the ire of some landlords.

Paul Arena, director of legislative affairs for the Illinois Rental Property Owners Association, opposed the measure, claiming it prevents landlords from standing up for themselves and creates liability for making ordinary and necessary management decisions such as a rent increase to cover rising costs or a change of property rules or a decision not to renew a lease.

"The way the law is written, if a tenant calls and said, 'My drain is plugged up,' and the landlord comes that very day and unplugs their drain, then the presumption in the law now is that any action the landlord takes for a year following that request is presumed to be in retaliation for having made that request," Parena argued.

He warned the measure could prove to hurt the people it is designed to help the most by decreasing the number of landlords entering the market and higher rents in an already tight housing market.


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