MUNI CD–ORDERS TO VACATE HOMES

Illinois General Assembly - Full Text of HB5437

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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.
LRB104 14503 RTM 27643 b

A BILL FOR

HB5437
LRB104 14503 RTM 27643 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

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

6

(65 ILCS 5/11-31-3 new)
7

Sec. 11-31-3.
Required notice for orders to vacate.
8

(a) If a municipality, the corporate authorities of the
9
municipality, an agent of the municipality, or an officer
10
employed by the municipality orders the residents of a house
11
or building containing rooms or groups of rooms used or
12
intended to be used for living, sleeping, cooking, and eating
13
to vacate the house or building for reasons of dangerous or
14
unsafe conditions of the property due to deterioration,
15
unpermitted work, or other cause, then the corporate
16
authorities of the municipality may not penalize the residents
17
of the house or building for remaining in the house or building
18
until 7 days after the residents received the notice to
19
vacate.
20

(b) This Section does not apply if the corporate
21
authorities of a municipality order the residents to vacate
22
the house or building because of dangerous or unsafe
23
conditions unrelated to the condition of the property,

HB5437
- 2 -
LRB104 14503 RTM 27643 b
1
including, but not limited to, fire, flooding, or severe
2
storms.
3

(c) If a resident of the house or building remains in the
4
house or building during the 7-day period the resident is
5
allowed to remain in the house or building after the
6
municipality, the corporate authorities of the municipality,
7
an agent of the municipality, or an officer employed by the
8
municipality orders the resident to vacate the house or
9
building, then the municipality is not liable if the
10
conditions of the house or municipality cause harm to the
11
resident.
12

(d) A home rule municipality may not regulate trespassing
13
in a manner inconsistent with this Section. This Section is a
14
limitation under subsection (i) of Section 6 of Article VII of
15
the Illinois Constitution on the concurrent exercise by home
16
rule units of powers and functions exercised by the State.

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