February 9, 2024 State Capitol Report

Both the House and Senate returned to Springfield this week for the second week of session in 2024. Each session day saw multiple committee hearings and very little floor action. No bills of concern for the Illinois REALTORS® were heard or considered this week. With the bill introduction deadline being tonight, bills have been introduced throughout the week at a rapid pace. The Illinois REALTORS® Legislative Team will continue to review any and all legislation introduced. Below find a list of newly introduced legislation.

Bills of Concern

This bill creates the Single-Family Zoning Ban Act. The bill defines “zoning unit” as a county, municipality, or township that has adopted zoning regulations. HB 4795 provides that, on and after June 1, 2025, for a zoning unit with a population equal to or greater than 100,000 but less than 500,000, and on and after June 1, 2026, for a zoning unit with a population equal to or greater than 500,000, the zoning unit may not zone area exclusively for single-family residential use. It requires middle housing to be allowed on property that is zoned residential. It also requires adoption of zoning ordinances and zoning maps consistent with the Act by June 1, 2025, for zoning units with a population equal to or greater than 100,000 but less than 500,000 or by June 1, 2026, for a zoning unit with a population equal to or greater than 500,000. The Illinois Housing Development Authority would develop a model middle housing ordinance that must be used if a zoning unit fails to adopt the required ordinance or zoning map. Your Illinois REALTORS® Legislative team has met with the sponsor and believes this legislation was introduced to ignite further discussion centered on changing zoning regulations. The legislation is not likely to move this year and we look forward to continue our discussion with the sponsor and others on this topic.

The bill makes it a civil rights violation for any person, including a real estate broker or salesman to refuse to engage in a real estate transaction because of the prospective buyer’s criminal or conviction record. The Illinois REALTORS® Legislative Team has been negotiating this bill with the sponsor since the bill’s introduction in February 2023 and we continue to negotiate. This week another negotiating session was held, but unfortunately no progress made. As discussed at the Winter Business Meetings, Illinois REALTORS® strongly OPPOSE this legislation due to the severe human rights violation penalty in the bill, which is the loss of a real estate agent’s license. The bill has been assigned to the Senate Judiciary and could be heard in committee in less than two weeks. Illinois REALTORS® has pledged to continue to work on this bill to find common ground.

The bill amends the Mobile Home Landlord and Tenant Rights Act to prohibit an unlicensed mobile home park from evicting a tenant for non-payment of rent. Requires leases or rental agreements for a mobile home or lot to include notice that the landlord may not collect rent if the park is unlicensed. Illinois REALTORS® OPPOSES this bill. The Illinois Manufactured Housing Association is a member of the Rent Control/rental housing coalition of which we also are members. Often, when a bill is passed mandating one group of landlords to follow a new set of rules, a new bill is introduced seeking the same new rules for all landlords. Unfortunately, this bill did pass out of the Senate Judiciary Committee this week, but with the sponsor’s pledge to work on the bill and the several other bills she is introducing to increase fees. More to follow on this front.

This bill creates the Forests, Wetlands, and Prairies Act. The bill provides that the Illinois Department of Natural Resources must prepare and maintain a comprehensive Forests, Wetlands, and Prairies Grant plan for the preservation and enhancement of forests, prairies, and wetlands in Illinois. It also allows local government to submit grant proposals to fund: (1) local projects restoring or expanding forests, wetlands, prairies, or other natural landscapes demonstrated to absorb carbon dioxide from the atmosphere; (2) education and marketing regarding local projects or steps community members may take to promote the growth of native vegetation that removes carbon dioxide from the atmosphere; and (3) any other purpose approved by the Illinois Department of Natural Resources that advances the state goal that there be no overall net loss of the state’s existing forest, prairie, or wetland acres or their functional value due to state-supported activities. Illinois REALTORS® is monitoring this recently introduced legislation.

The bill declares that it is against the public policy of the state for a landlord to take retaliatory action against a tenant. Prohibits a landlord from knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening to bring a lawsuit against a tenant for possessing or refusing to renew a lease or tenancy because the tenant has in good faith has taken certain actions, including but not limited to (i) complaining of code violations applicable to the premises to the relevant governmental agency responsible for enforcement of a building, housing, health, or similar code; (ii) complaining of a building, housing, health, or similar code violation, or an illegal landlord practice to a community organization or the news media; or (iii) complaining or requesting the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement. Creates remedies for violation by a landlord including damages, punitive damages, or recovering possession of the premises. Creates an affirmative defense under the Code of Civil Procedure in eviction actions if a landlord violates the Landlord Retaliation Act. This bill has just been introduced but is expected to be assigned to the House Housing Committee where Rep. Guzzardi is the chairman of the committee. Stay turned for more information. Illinois REALTORS® strongly OPPOSES this bill!

Next Session Dates

The legislature will return to Springfield on Thursday, Feb. 20. We can expect more committee hearings, but the bulk of the legislative work will not take place until after the March 19, 2024, Illinois Primary.

Thank you for reading the February 9, 2024 State Capitol Report. Click here to read previous reports.