THE
SAFE HOMES ACT
What is The Safe Homes Act?
It is a law that gives you or
anyone in your household who is a victim of domestic or sexual
violence (including dating violence, stalking, child abuse, and
elder abuse) the right to:
• End your lease (written or
oral) early and leave the home. Tenants who properly use the law
will not be responsible for rent due after they leave the home.
• Change the locks to keep the
abuser out of the home in an emergency. You can do this if you have
a written lease and the abuser is not on the lease, OR if you are an
ORAL or WRITTEN leaseholder with a court order granting you
exclusive possession of the premises.
Is my home covered by this law?
You can use the Act if you live
in:
• Private rental housing, no
matter the size.
• Subsidized housing, including
housing choice "Section 8" vouchers.
• Public housing is NOT
covered.
NEED HELP?
In Chicago—
Domestic Violence Help
Line: 877-TO END DV
Rape Crisis
Hotline: 888-293-2080
Legal Assistance
Foundation: 312-341-1070
Outside Chicago—
Land of Lincoln Legal
Help: 800-252-8629
Prairie State Legal
Services: 800-531-7057
ENDING YOUR LEASE EARLY
If you or anyone in your
household is a victim of domestic or sexual violence, you can end
the lease early, even when the abuser is a member of the household,
if:
• There is a credible
imminent threat of harm on the premises.
• You give the landlord
written notice of the credible imminent threat 3 days before
or after you leave the home.
Bring another adult with you
when you drop off the notice, or send it by certified mail. Keep a
copy of the notice for yourself. If you end your lease early, you
must remove all your belongings and turn over your keys to your
landlord or property manager. This shows that you have given up the
apartment.
Extra Protections for Sexual
Violence
You may end your lease early
WITHOUT showing a credible imminent threat, if an act of sexual
violence occurred on the premises against you or anyone in your
household. To end the lease you must:
• Give the landlord written
notice 3 days before or after you leave home and within 60 days
of the sexual violence, or as soon as possible afterwards.
• Include evidence, such
as police reports, medical records, court records, or a statement
from a victim services organization.
Updated:
CHANGING YOUR LOCKS
You can request an emergency
lock change if there is a credible imminent threat of
domestic or sexual violence on the premises, as long as:
• You have a WRITTEN lease and
the abuser is NOT on the lease. You must give your landlord a
written request from all tenants on the lease and include
evidence, such as police reports, medical records, court
records, or a statement from a victim services organization.
OR
• You share an ORAL or WRITTEN
lease with the abuser and you have a Plenary Order of Protection or
Civil No Contact order granting you exclusive possession of the
property. You must give your landlord written notice from all
tenants except the abuser and include a copy of the court order
with the notice.
Your landlord must change the locks or give
you permission to change them within 48 hours of the written
request. If your landlord does not change them within 48 hours, you
may change them without the landlord’s permission, or sue the
landlord in court to have the locks changed. You and your landlord
must make a good faith effort to give the new keys to one another
within 48 hours.
EVENTS
Under a new Illinois law called The Safe
Homes Act, you can…
End your lease early
If you or any member of your household is a
victim of domestic or sexual violence, you can end
your written or oral lease early, even when
the abuser is a member of the household, as long as:
• There is a credible imminent threat of future
harm on the premises, AND
• You give written notice to your landlord 3 days
before or after you leave home.
If you or a member of your household is a
victim of sexual violence that occurred in your home, you DO
NOT have to show credible imminent threat of future harm, as long
as:
• You provide written notice to your landlord 3
days before or after you leave home and within 60 days of the
assault (or as soon as possible afterwards), AND
• You provide evidence (medical/court/police evidence OR
statement from a victim services/domestic violence/rape crisis
agency).
Change your locks
Beginning in August 2007, you
can request an emergency lock change if there is a credible imminent
threat of domestic or sexual violence at the premises, as long as:
• You have a WRITTEN lease and the abuser is NOT on the
lease. You must give your landlord a written request from all
tenants on the lease along with evidence
(medical/court/police evidence OR statement from a victim
services/domestic violence/rape crisis agency) OR
• You share an ORAL or WRITTEN lease with the
abuser and you have a Plenary Order of Protection or Civil No
Contact order granting you exclusive possession of the property. You
must give your landlord written notice from all tenants on
the lease EXCEPT the abuser and include a copy of the court
order.
For all PRIVATE MARKET HOUSING and all
SUBSIDIZED HOUSING
CALL FOR HELP
HOUSING RIGHTS
What you need to know if you are a victim of domestic or sexual
violence
In Cook County Domestic Violence Help Line- 877-TO END
DV
Rape Crisis Hotline: 888-293-2080
Legal Assistance Foundation:
312-341-1070
CARPLS Legal Services:
312-738-9200
Outside Cook
County Legal Help:
800-252-8629
Prairie State Legal Services:
800-531-7057
Domestic Violence Assistance:
217-789-2830
Sexual Assault Assistance: 217-753-4117
For more information, please contact katewalz@povertylaw.org,
312-263-3830 ext. 232 |