Safe Homes Act Signed into Law

Gov. Rod Blagojevich last month signed the Safe Homes Act into law—the first of many steps toward making the homes of domestic and sexual violence victims a safer place. The law, which takes effect January 1, 2007, protects certain rights concerning a victim’s rental property. Depending upon the circumstances, the victim may change a lock or terminate a lease.

The law allows victims to secure safe housing and leave housing where there is imminent danger. It gives victims the following assurances:

• 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 (1) can show that the reason for vacating the property is due to an imminent threat of domestic or sexual violence against the tenant or a member of the tenant’s household and (2) gives 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 the violence. Medical, court, or police evidence or a statement from an employee of a rape crisis organization from whom the tenant sought help can support a tenant’s claim.

• Victims may change locks. Tenants may request a lock change from the owner under certain circumstances. A tenant who fears an 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. If the owner fails to change the lock within 48 hours, the tenant may change it without permission.

 
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.

Many thanks to everyone who contacted Governor Blagojevich! Voicing your support for the bill has led to its passage and safer measures and homes for victims of violence. Click here to view the language of the law.

For more information, contact Kate Walz, senior attorney, Sargent Shriver National Center on Poverty Law, at 312.263.3830 ext 232 or Wendy Pollack, director, Women’s Law and Policy Project, Shriver Center, at 312.263.3830 ext 238.






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WomanView is published by the Women's Law & Policy Project of the Sargent Shriver National Center on Poverty Law. To subscribe or make a donation, click here. For more information, contact Wendy Pollack at 312.263.3830 x238.