Victims of Violence a Step Closer to Safer Homes

Advocates are looking at the recent passage of the Safe Homes Act, House Bill 4715, as a victory in the first of many steps to make homes a safe place for victims of violence. The Safe Homes Act that passed the General Assembly in April provides that a victim of domestic violence or sexual violence has certain rights concerning the victim's rental property. Depending upon the circumstances, the victim may obtain permission to change a lock or terminate a lease. The bill is now on Gov. Rod Blagojevich's desk for his signature.

The Safe Homes Act is necessary to allow victims of domestic and sexual violence to secure safe housing and leave dangerous housing. "Too often, victims of domestic and sexual violence suffer not only physical and emotional violence but also the devastation of being displaced from their homes because of violence," says Kate Walz of the Sargent Shriver National Center on Poverty Law. "And sexual assault victims are frequently prohibited from terminating their leases, even in cases where the sexual assault occurred on the premises," she continued.

Victims of domestic and sexual violence now have assurances of being able to seek safety:

• Victims may terminate a lease due to violence. If a landlord sues a tenant to recover rent, the tenant has an affirmative defense (i.e., legal excuse) and is not liable for rent if the tenant meets the following conditions: (1) the tenant must show that the reason for vacating the property is due to an imminent threat of domestic or sexual violence upon the tenant or a member of the tenant's household, and (2) the tenant must give written notice to the landlord before or within three days of leaving the property.
• Victims may terminate a lease due to sexual violence on the property. Victims of violence may end their rental agreement without penalty if they supply evidence that sexual violence occurred on the property and the reason for leaving the property is a result of the violence. The evidence to support a tenant's claim includes medical, court, or police evidence or a statement from an employee of a rape crisis organization from whom the tenant sought help.
• Victims may change locks. Tenants may request a lock change from the owner under certain circumstances. A tenant who believes that there is imminent threat of domestic or sexual violence may request a lock change. The tenant must give to the landlord written notice along with evidence to support the claim of imminent danger. Within 48 hours, either the landlord shall change the lock or give the tenant permission to change it. In cases where the owner fails to make the change within 48 hours, the tenant may change the lock without permission.

"While this legislation does not contain comprehensive protections for victims of violence in unsafe home environments, it will pave the way for better policy that recognizes the special housing needs of victims of domestic and sexual violence," said Wendy Pollack, director of the Women's Law and Policy Project of the Shriver Center. The Illinois Association of Realtors and the bill's sponsors, Rep. Robin Kelly (D-38) and Sen. Kwame Raoul (D-13), have committed to continuing discussions on improving the law, particularly as it relates to protecting victims of violence when the perpetrator is a leaseholder. The realtors, the lawmakers, and the advocates plan to talk shortly about proposals to the General Assembly in the fall veto session.

Please take action by June 30. Write Governor Blagojevich to ask him to sign H.B. 4715, the Safe Homes Act, into law. His address is James R. Thompson Center, 100 W. Randolph Street, Suite 16-100, Chicago, IL 60601. You may fax your letters to 312.814.5512. His Chicago office phone number is 312.814.2121.

Make your voice heard!

For more information, please contact Wendy Pollack, director, Women's Law and Policy Project, Shriver Center, at 312.263.3830 ext. 238.