Tenant Rights for Survivors of Domestic Violence

Gender-based violence is often a primary cause of housing instability, and it  affects people regardless of their sexual orientation, sex, or gender identity. Survivors of gender-based violence have a number of housing rights and protections which can assist with safety planning and determining best next steps when fleeing violence.

1. The Illinois Safe Homes Act: A state law that helps tenants end their lease early or change their locks if they are under a threat of domestic or sexual violence at their apartment.
2. The Illinois Eviction Act: A state law that creates an affirmative defense to eviction if the eviction is based on domestic violence, dating violence, stalking, or sexual assault.
3. The Violence Against Women Act: A federal law that offers broad protections for tenants living in federal housing programs, including prohibiting retaliation or eviction based on gender-based violence, and creating pathways to transferring a subsidy or dividing a lease if a tenant experiences gender-based violence. 
4. The Illinois Domestic Violence Act: A broad state law that includes housing remedies for survivors who need an order of protection or other civil relief related to domestic violence so that they can safely remain in their home. 
5. 220 ILCS 5/8-201.6 (Utility Deposits): Illinois law requires utility companies to defer initial credit and deposits for 60 days for a victim of domestic violence. 
6. 65 ILCS 5/1-2-1.5 (Municipality Enforcement): Illinois law prohibits municipalities from enforcing ordinances that punish tenants for contacting the police or emergency services because of domestic violence. 
7. 55 ILCS 5/5-1005.10 (County Enforcement): Illinois law prohibits counties from enforcing ordinances that punish tenants for contacting the police or emergency services because of domestic violence. 

To know common questions from survivors to stay safe, click here. 

For other non-legal resources for survivors, click here.