Illinois considers tenant right to counsel bills

During the 2023-2024 legislative session, the Illinois House and Senate considered a few bills that would have provided tenants with representation in eviction matters. See HB 1444 / HB 2315, HB 3709, and SB 3750.

HB 1444 / HB 2315 would require the court to appoint counsel for indigent tenants facing eviction.  “Indigent” is defined under the statute as “any person who, at any stage of a court proceeding: (1) receives public assistance; (2) has been involuntarily committed to a public mental health facility; (3) has an income of 125% or less of the current federally established poverty line; or (4) has insufficient funds to retain counsel.”  The Supreme Court Access to Justice (A2J) Commission would be responsible for implementing the right to counsel program.

HB 3709 would create a right to counsel program for tenants to be phased in, as well as a landlord registry, tenant bill of rights, and other measures aimed at addressing the shortage of safe and affordable housing.

Finally, SB 3750, titled the “Low-Income Tenant’s Right to Counsel Act”, would provide “covered individuals” (defined as residential tenants with a household income of 80% or less than Area Median Income, or AMI) with the right to full representation by court-appointed counsel in “covered proceedings.”  Under the law, covered proceedings would include judicial or administrative proceedings where an individual is facing eviction or a civil claim for monetary damages for the nonpayment of rent, as well as the functional equivalent of such proceedings and any related appeals.

The House bills died in the House Rules Committee, and SB 3750 died in Senate Assignments.