Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

Four new public acts have become law.

Discrimination procedure. Public Act 94-857 amends the procedures for filing a charge with the Illinois Department of Human Rights alleging discrimination. If a charge is timely filed with the federal Equal Employment Opportunity Commission, it will also be considered filed with the Illinois Department of Human Rights on the same date. A charge must be filed within 180 days of the alleged civil rights violation.

After the federal EEOC complaint is filed, this Act requires the Department to notify that the complainant that he or she may proceed with the Department. The complainant must then notify the Department in writing within 35 days that he or she wishes to proceed with the Department. Failure to notify the Department requires the Department to close the case. But if the complainant proceeds with the Department, it may not take action on the complaint until the EEOC makes a determination on the charge. After the EEOC makes a determination, the Department must file a charge. The Department may adopt the EEOC's determination or process the charge under the Illinois Human Rights Act. If the Department adopts the EEOC's determination, it will also be considered a determination under the Illinois Act.

It also clarifies that the Department does not lose jurisdiction if within 100 days of the charge being filed it fails to conduct a full investigation or if its Director fails to make a determination. Effective June 15, 2006.

Safe Homes Act. Public Act 94-1038 creates the Safe Homes Act. It creates an affirmative defense for unpaid rent by a tenant in two circumstances: if the tenant or a member of the tenant's household was (1) under a "credible imminent threat" of domestic or sexual violence at the premises or (2) a victim of sexual violence on the premises that is owned or controlled by the landlord. It requires that the tenant give the landlord written notice within three days of vacating the premises because of the threat or violence.

The bill also requires the landlord to change the lock upon a written request of a tenant if the tenant reasonably believes that domestic or sexual violence is imminent. It authorizes the tenant to change the lock if the landlord does not do so within 48 hours of the notice. It immunizes a landlord for changing the locks or allowing them to be changed against any third party who no longer has access to the dwelling. It exempts public housing that is already covered by federal law. Effective Jan. 1, 2007.

Condo foreclosure. Public Act 94-1049 clarifies who must pay the unpaid common expenses of a unit involved in a judicial sale. (1) It requires the purchaser to pay the unit's proportionate share of the unpaid common expenses that became due for the six months before legal action was filed to collect them. It does not apply to mortgagees or any accelerated assessments.

(2) It also requires the notice of sale in the judicial foreclosure to state that the purchaser must pay for these unpaid assessments and legal fees. (3) It requires that the "statement of assessment account" and the disclosure statement to a prospective purchaser also state the amount of these assessments and legal fees. Effective Jan. 1, 2007.

Elder abuse. Public Act 94-1064 ex--pands the coverage of the Elder Abuse and Neglect Act to cover an eligible adult who neglects him or herself. “Self-neglect” means a condition caused by adult's inability, due to physical or mental impairments, or both, to perform self-care tasks that substantially threaten his or her own health. Effective Jan. 1, 2007.