HB5437 104TH GENERAL ASSEMBLY

LRB104 14503 RTM 27643 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5437

Introduced 2/13/2026, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-31-3 new

Amends the Illinois Municipal Code. Provides that, if a municipality, the corporate authorities of the municipality, an agent of the municipality, or an officer employed by the municipality orders the residents of a house or building containing rooms or groups of rooms used or intended to be used for living, sleeping, cooking, and eating to vacate the house or building for reasons of dangerous or unsafe conditions of the property due to deterioration, unpermitted work, or other cause, then the corporate authorities of the municipality may not penalize the residents of the house or building for remaining in the house or building until 7 days after the residents received the notice to vacate. Provides that, if a resident of the house or building remains in the house or building during the 7-day period the resident is allowed to remain in the house or building after the municipality, the corporate authorities of the municipality, an agent of the municipality, or an officer employed by the municipality orders the resident to vacate the house or building, then the municipality is not liable if the conditions of the house or municipality cause harm to the resident. Limits home rule powers.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-31-3 as follows:

(65 ILCS 5/11-31-3 new)

Sec. 11-31-3. Required notice for orders to vacate.

(a) If a municipality, the corporate authorities of the municipality, an agent of the municipality, or an officer employed by the municipality orders the residents of a house or building containing rooms or groups of rooms used or intended to be used for living, sleeping, cooking, and eating to vacate the house or building for reasons of dangerous or unsafe conditions of the property due to deterioration, unpermitted work, or other cause, then the corporate authorities of the municipality may not penalize the residents of the house or building for remaining in the house or building until 7 days after the residents received the notice to vacate.

(b) This Section does not apply if the corporate authorities of a municipality order the residents to vacate the house or building because of dangerous or unsafe conditions unrelated to the condition of the property, including, but not limited to, fire, flooding, or severe storms.

(c) If a resident of the house or building remains in the house or building during the 7-day period the resident is allowed to remain in the house or building after the municipality, the corporate authorities of the municipality, an agent of the municipality, or an officer employed by the municipality orders the resident to vacate the house or building, then the municipality is not liable if the conditions of the house or municipality cause harm to the resident.

(d) A home rule municipality may not regulate trespassing in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.