9-106.3.Affirmative defenses for retaliation on the basis of immigration status.

Article IX. Eviction · Part 1. In General · Last amended 2019 · Last verified July 20, 2026

In one sentenceSection 9-106.3 gives a tenant an affirmative defense to eviction when the landlord's demand for possession rests, in whole or in part, on the tenant's citizenship or immigration status, or on a failure to provide certain documentation after the tenancy has begun.

Full Text of 735 ILCS 5/9-106.3

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(a) It is an affirmative defense to an action maintained under this Article if the court finds that:

(1) the landlord's demand for possession is based solely or in part on the citizenship or immigration status of the tenant; or

(2) the landlord's demand for possession is based solely or in part on the tenant's failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord, and the lease with the tenant has commenced, and the tenant has taken possession. (b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.

(c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.

(d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.

(e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

End

Plain-English Summary

Two grounds support the defense: a demand based solely or partly on citizenship or immigration status, or a demand based solely or partly on a failure to provide a Social Security number, information needed for a consumer credit report, or an acceptable form of identification, once the lease has commenced and the tenant has already taken possession.

The section leaves a good deal untouched. A landlord can still comply with legal obligations, including rent-limitation or rental-assistance programs and a subpoena, warrant, or other court order; can still request documentation to verify a prospective tenant's financial qualifications before move-in; can still deliver notice about lease or rule violations; and the section neither expands nor shrinks a landlord's other legal grounds for ending a tenancy, nor a local government's power to regulate landlord harassment.

Frequently Asked Questions

Can a landlord evict a tenant because of their immigration status?

No -- a demand for possession based solely or partly on citizenship or immigration status is an affirmative defense to eviction.

Can a tenant be evicted for not providing a Social Security number?

Not once the lease has started and the tenant has moved in -- a demand based on that failure is likewise an affirmative defense, though the section doesn't reach ordinary pre-lease screening.

Does this section stop a landlord from checking a tenant's finances before signing a lease?

No, a landlord may still request information or documentation to verify a prospective tenant's financial qualifications.

Does this section limit a landlord's ability to enforce lease rules?

No, a landlord can still deliver oral or written notice about tenant conduct that violates the lease or the law.

Does this section stop a landlord from complying with a subpoena or court order?

No, subsection (b) preserves compliance with legal obligations, including a subpoena, warrant, or other court order.

Amendment History

(Source: P.A. 101-439, eff. 8-21-19.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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