Domestic violence bill proposed by UIC Law professor, students goes into effect Jan. 1

Professor Debra Pogrund Stark and her students drafted and advocated for a new Illinois law that ensures survivors of domestic and sexual violence are made aware of their special housing rights in a timely manner.

The idea for the law came when Professor Stark and her students noticed that tenants who were survivors often learned about these rights too late to effectively use them. They realized that if a summary of these life-saving rights appeared on the first page of every written lease, tenants could know their rights from the very start of their lease term.

With this goal in mind, they reached out to the Illinois Coalition Against Domestic Violence and the bill's chief sponsors, Sen. Robert Peters and Rep. Theresa Mah, to push for a law requiring landlords to attach the summary as the first page of every written residential lease. Their advocacy paid off: the Summary of Rights for Safer Homes Act (765 ILCS 752) was signed by Gov. Pritzker on Aug. 9, 2024, with the requirements taking effect for leases or lease renewals executed on or after Jan. 1, 2026.

Under the law, landlords must attach a summary of rights prepared by the Illinois Department of Human Rights as the first page of each written lease and obtain each tenant's signature at the bottom of every page to confirm they have seen it. The summary informs tenants about the special housing rights survivors have under six previously enacted Illinois statutes, designed to prevent homelessness, unmanageable debt or unsafe living conditions. Without awareness of these laws, survivors are often unable to exercise their rights - but the new summary ensures tenants are informed from day one.

To enforce compliance, Section 30 of the act provides that landlords who fail to attach the summary or obtain tenant acknowledgments will be liable to the tenant for the greater of the tenant's actual damages, capped at $2,000, or $100. Tenants who prevail in a private right of action under the act will also recover court costs and reasonable attorney's fees.

Looking ahead, Professor Stark and her students plan to monitor compliance with the law in partnership with the Law Center for Better Housing. Realtor associations and attorneys representing landlords and tenants are encouraged to ensure that the required four-page summary is included as the first page of every written residential lease in Illinois.

- Melah Lofton, UIC School of Law