SPRINGFIELD – State Senator Graciela Guzmán presented measures to the Senate Executive Committee Thursday that would enshrine protections for survivors during real estate transactions and protect renters in the event they go to court with their landlord.
“Illinois must not tolerate any discrimination against survivors,” said Guzmán (D-Chicago). “Housing is a right that must be guaranteed to all people. As someone who has lived through domestic violence, I know how hard it is to rebuild when everything has been taken away from you; safety, stability and a sense of home. To be denied housing because of that past is not only unjust, but deeply dehumanizing. Survivors deserve dignity, protection and a real chance to start over. Illinois should recognize this harm for what it is and refuse to allow it.”
Senate Bill 3461 would provide that it is a civil rights violation to unlawfully discriminate because of a person's history of experiencing domestic or sexual violence. According to Illinois Legal Aid, people who have survived domestic violence, stalking or sexual assault might also face barriers to their housing because of these abuses. People who rent their homes are three times more likely to face violence than people who own their homes.
Illinois presently has protections for survivors when it comes to housing. These protections allow them to request new locks on their doors, end their lease early or assert an affirmative defense if an eviction action is based solely on the tenant's status as a survivor of domestic or sexual violence or due to an incident of domestic or sexual violence occurring in the unit. However, there is no housing protection for a prospective tenant who has experience or is perceived to have experience as a survivor of domestic, sexual, or gender-based violence during a real estate transaction.
Guzmán is also pushing for protection of tenants accused of a Class X felony.
“Tenants have the right to be innocent until proven guilty. If they are accused of a Class X felony, their eviction should not be an obstacle to finding housing in the future,” said Guzmán. “If housing is a human right then it is also a right to the accused.”
In the case of a landlord terminating a lease and beginning eviction proceedings against a tenant who has been charged with having committed a Class X felony on the rental property, Senate Bill 3753 would require the eviction file to remain sealed if the tenant had otherwise been in compliance with the lease agreement and had been paying rent on time.
Guzmán was joined at Committee by Northwest Side residents and constituents who provided testimony on amendments and improvements to the proposed BUILD legislation. “I am proud of the community members that lifted up testimony and lived experience that we hope will help avoid unintended consequences and further displacement,” said Guzmán.
Senate Bills 3461 and 3753 were heard in subject matter hearings on Thursday.
