MUNI CD–ORDERS TO VACATE HOMES

104th Regular Session Introduced by Curtis Tarver

HB5437 grants a 7-day grace period after a vacate order for dangerous/unsafe dwelling conditions, preventing penalties during that time.

Summary of HB5437 (104th General Assembly, Illinois)

Purpose and intent

HB5437 amends the Illinois Municipal Code to limit penalties against residents who stay in a house or building after an official order to vacate due to dangerous or unsafe conditions. The bill creates a required 7-day grace period after a notice to vacate, during which residents may remain without penalty. It also clarifies protections and limitations for municipalities, and confirms that home rule municipalities may not regulate trespass in a way that undermines this provision.

Key provisions and changes

New Section added: 11-31-3 (Required notice for orders to vacate).

If a municipality or its agents/officers orders residents of a dwelling used for living to vacate due to dangerous/unsafe conditions (e.g., deterioration, unpermitted work, or other cause), the municipality may not penalize residents for remaining in the dwelling for 7 days after notice to vacate is received.
If residents stay beyond the 7-day grace period, and the municipality orders them to vacate again, the municipality may not be liable for harm caused by conditions of the dwelling or the municipality itself.
The 7-day protection does not apply if the order to vacate is for dangerous/unsafe conditions unrelated to the property’s condition (e.g., fire, flood, severe storms).
If a resident remains during the 7-day period after receiving notice and is later ordered to vacate, the municipality is not liable for harm arising from those conditions (and actions) thereafter.
Home rule municipalities may not regulate trespassing in a manner inconsistent with this new section. This provision acts as a limitation on concurrent state and local authority under the Illinois Constitution (Article VII, Section 6(i)).

Who/what is affected

Residents living in houses or buildings used for living, who receive a vacancy order due to dangerous or unsafe conditions.

Municipal authorities, agents, and officers issuing orders to vacate.

Home rule municipalities (city-level governance with broader powers) are subject to an explicit limitation on trespass regulations to align with this statute.

Procedural and timeline aspects

Effective turnover is triggered by a vacancy order related to dangerous/unsafe conditions tied to the dwelling.

The critical timeline is a 7-day grace period after notice to vacate during which no penalties may be imposed for remaining in-place.

If the resident vacates after the 7 days or if dangerous conditions are caused by factors unrelated to the property, the liability framework clarifies limitations.

The bill explicitly excludes orders based on non-property-condition risks (e.g., natural disasters) from the 7-day grace period application.

Remarks

The bill focuses on balancing public safety and housing stability by preventing immediate penalties on residents while ensuring authorities can enforce safety measures.

It adds a coordinated state-local governance check, with particular attention to home rule municipalities.