Landlords cannot evict tenants because of their citizenship or immigration status. An Illinois law, called the "Immigrant Tenant Protection Act," took effect in 2019 and makes such evictions illegal. The law applies to both written and oral leases.

Landlords are also not allowed to give out information about tenants’ immigration status to intimidate or harass them. They are not allowed to threaten to do so, either.

Landlords cannot call ICE, increase rent, shut off utilities, or refuse to make repairs because of your immigration status.

If your landlord does one of these things, you can sue them.

What if my landlord is evicting me for multiple reasons, including my immigration status?

This is still illegal. The law says that landlords may not evict tenants based “solely or in part” on their immigration or citizenship status. The only exception is if they are required to do so because of a court order or law. For example, the law does not cover federally funded housing, like public housing or Section 8, that requires landlords to check immigration status.

[no-lexicon]Can this help me stop the eviction case against me?[/no-lexicon]

It could. You can raise the fact that your eviction is based on your immigration status as an “affirmative defense.” If you are successful, the judge will dismiss the eviction case against you. 

You can also sue the landlord for violating the law. 

What if my landlord threatens to call ICE on me?

The law forbids a landlord from threatening to give out information about a tenant’s immigration or citizenship status in order to: 

• Harass or intimidate the tenant,
• Retaliate against the tenant for exercising their rights, or 
• Influence the tenant to give up the unit.

​If your landlord does this, you can sue them in court.

What do I get if I win my lawsuit against my landlord for violating this law?

If you file a lawsuit against your landlord for breaking one of the laws discussed above, you could win:

• Money to pay for any damages that happened because of the incident,
• Additional $2,000 for each incident, and
• Money to pay for your lawyer who represented you in the case.

A lawyer can help you bring a case like this. The court can make the landlord pay for your lawyer's fees, if you win your case.

More information

See an overview on housing rights for immigrant tenants. For more information, or help getting started, you can call Mexican American Legal Defense and Educational Fund (MALDEF) at 312-427-0701.