Take Action Today to Improve the Safe Homes Act

The Safe Homes Act has already had a marked effect on the lives of victims of domestic and sexual violence since becoming law in January. Combined with our outreach and education efforts, the Sargent Shriver National Center on Poverty Law hopes that the Act’s impact will sound throughout Illinois. Our work, however, is not done.

Senate Bill 534, sponsored by Sen. Kwame Raoul (13-D), was introduced on February 8 to improve the lock-change provisions in the existing law. The amendments were drafted with input from the Illinois Association of Realtors to ensure that any changes would be in the best interest of victims and the landlords in a unique position to help them. The following include descriptions of the proposed amendments:

Extending Lock Changes to Oral Leaseholders: The Safe Homes Act allows victims with written leases in certain circumstances to request lock changes. But many low-income Illinois families have oral leases, making them ineligible for lock changes under the current Safe Homes Act. Amending the Act to cover oral leases would allow more renters to use the new, vital provisions to protect themselves. For many low-income families, a lock change may be the only safe and affordable option that they can use under the Act. This amendment would allow oral leaseholders to request a lock change if they have a court order granting them exclusive possession of the premises.

Allowing Landlords to Exclude Barred Perpetrators: Another crucial amendment would allow the landlord to change the locks when the abuser is a leaseholder and the victim has a court order granting exclusive possession of the premises. This amendment would confirm accepted practice and give landlords assurance that they can legally take simple steps to protect vulnerable families.

Tendering a New Set of Keys Promptly: Landlords currently have 48 hours to change the locks, but they are not required to tender a new set of keys to the tenant by a given time. However, if the tenants change the locks, they must turn over the keys to their landlord within 48 hours or risk liability. As amended, the Act would require both landlords and tenants to make a good-faith effort to furnish new keys as soon as possible, or not more than 48 hours after the tenants’ request.

We expect the bill to come before the Senate Judiciary Civil Law Committee next week. We encourage you to contact the members of the committee at their Springfield offices. It is best to reach your senators at their Springfield offices, but also feel free to contact the district offices throughout this week and ask them to support S.B. 534, the Safe Homes Act amendments. Click on this Web address to find the senators’ contact information: http://www.ilga.gov/senate/committees/members.asp?CommitteeID=389.

For more information about the Safe Homes Act, see the August 2006 issue of WomanView. For pamphlets and other materials, click here.

Please contact Kate Walz, katewalz@povertylaw.org, 312.263.3830 ext. 232, or Wendy Pollack, wendypollack@povertylaw.org, 312.263.3830 ext. 238, for more information.