Summary of Rights for Safer Homes Act
This year, Governor Pritzker enacted the Summary of Rights for Safer Homes Act (765 ILCS 752/1) which requires residential landlords to attach a summary (the “Summary”) disclosing the following statutes regarding Illinois housing protections for survivors of domestic violence and sexual violence:
Most tenant and landlords are unfamiliar with the Illinois Safe Homes Act which is primarily described in the Summary. The Illinois Safe Homes Act affords tenants, or their occupants, who are under a credible threat of imminent domestic or sexual violence at the property an affirmative defense to an eviction action brought by the landlord against the tenant for non-payment. It also affords tenants the right to request a lock change or lock-out of a co-lessee who is the alleged perpetrator. The tenant must comply with certain requirements of the Illinois Safe Homes Act to invoke their rights under it.
The Summary of Rights for Safer Homes Act was effective January 1, 2026, and requires landlords (or their agent) to attach the Summary as the first page of their written residential lease for all new leases and renewals.
In addition, Landlords must obtain a signature from each tenant (with whom they are entering into a new lease or renewal) acknowledging receipt at the bottom of each page of the Summary.
The Illinois Department of Human Rights was tasked with preparing the Summary. For more information on the Summary of Rights for Safer Homes Act and to download a copy of the Summary, please click here.
Failure to comply with the Summary of Rights for Safer Homes Act’s requirements can result in a landlord being liable to the tenant for the greater of the tenant’s actual damages, if any, up to $2,000 or $100.
Criminal Trespass
Governor Pritzker also amended Section 9-102 of the Illinois Eviction by adding in a subsection (e) allowing landlords to contact local law enforcement to remove individuals or property from a premises where there is a criminal trespass without having to go through eviction process to obtain an eviction order. This only applies in events of criminal trespass and does not apply to unauthorized occupants or tenants who have held-over after expiration of their lease. For example, a person who wrongfully moves into a property by breaking into it can be removed by local law enforcement without the owner having to evict the trespasser. The amendment was effective January 1, 2026.
For counsel on these updates or for more information on commercial and residential operations and management, please contact Amy Olson, Senior Counsel, Costello Sury & Rooney, P.C. at aolson@csrlawfirm.com.
This article is being provided for informational purposes only. This article does not constitute legal advice on the part of Costello Sury & Rooney. or any of its attorneys. No association, board member or any other individual or entity should rely on this article as a basis for any action or actions. If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office.