A. Tenants and landlords shall not be penalized under this chapter based on:
1. Contact made to police or other emergency services, if: a) the contact was made with the intent to prevent or respond to domestic violence, or sexual violence; b) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or c) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability;
2. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or
3. Nuisance activities occurring in the dwelling unit or on the premises that is directly relating to domestic violence, dating violence, sexual violence, engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's or household member's control, and against the tenant, lessee, or household member.
4. It shall be an affirmative defense by the landlord of rental or leased property to an action seeking the closure of a chronic nuisance property that the owner of the property, manager(s) or person(s) in charge, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct of tenants or others in possession leading to the findings that the property is a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, obtain an order for possession of the property, pursuant to the provisions of the forcible entry and detainer act 1 .
B. Nothing with respect to this section:
1. Limits enforcement of 50 Illinois Compiled Statutes 750/15.2 against any person calling the number "911" for the purpose of making a false alarm or complaint and reporting false information, from being charged with disorderly conduct as defined in 720 Illinois Compiled Statutes 5/26-1 or section 6-6A-3 of this code; or
2. Prohibits claims made pursuant to 735 Illinois Compiled Statutes 5/9-101 et seq., of the forcible entry and detainer statute, except where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises; or
3. Prohibits the village from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or local ordinance violation not covered by subsection A of this section and to the extent otherwise permitted by existing state and federal law; or
4. Shall prevent the landlord or village from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the domestic violence, sexual violence, or other criminal activity; or
5. Shall prevent the landlord or village from seeking possession against a tenant, lessee or household member who is a victim of domestic violence, dating violence, and stalking, sexual violence or has a disability, if that tenant, lessee, or household member has committed the nuisance activity on which the demand for possession is based.
C. A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to subsection B2 of this section, the landlord may evict the tenant.
D. Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order of protection, as defined by subsection (7) of 725 Illinois Compiled Statutes 5/112A-3(7) of the code of criminal procedure of 1963, granting exclusive possession as the remedy (2) of subsection (b) of 725 Illinois Compiled Statutes 5/112A-14(b) of that code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in 720 Illinois Compiled Statutes 5/21-3 of the criminal code of 2012, or section 6-6B-1 of this code; or
After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessees' household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property. (Ord. 2016-54, 10-6-2016)
Notes
| 1 | 1. 735 ILCS 5/9-101 et seq. |