Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status.

276 words·~1 min read·/il/chapter-735/act-5/9-106-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is an affirmative defense to an action maintained under this Article if the court finds that:

(1)the landlord's demand for possession is based solely or in part on the citizenship

or immigration status of the tenant; or

(2)the landlord's demand for possession is based solely or in part on the tenant's

failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord, and the lease with the tenant has commenced, and the tenant has taken possession.

(b)This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.

(c)This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.

(d)This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.

(e)This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.