Using the Illinois Safe Homes Act
- What is the Safe Homes Act
- About the Processes
- Survivor Stories
- Template Documents
- Additional Resources
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What is the Safe Homes Act
The Safe Homes Act is a law in Illinois that helps people who have experienced domestic or sexual violence. It protects them from money problems caused by the violence they have experienced and lets them make their homes safer by changing their locks or ending their lease early without penalty.
The Safe Homes Act (SHA) also has confidentiality protections to keep a survivor's information private. This means that landlords cannot share information that a survivor has given them with other landlords.
ContinueWho Does the Safe Homes Act Help?
While the Safe Homes Act states that it protects survivors of domestic and sexual violence, it also defines both of those terms to include many survivors of gender-based violence.
This includes people who have experienced abuse (physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation).
This includes people who have experienced sexual assault, sexual abuse, stalking of an adult or minor child, or unwanted sexual conduct or sexual penetration.
What types of housing does the safe homes act cover?
The Safe Homes Act covers most types of housing. However, it does not cover public housing. It does include other subsidized housing programs, like Housing Choice Vouchers, but if a survivor is in any federally subsidized housing program, they should also check the Violence Against Women Act (VAWA) for more protections.
The SHA specifically excludes Public Housing ContinueHow do I know that someone might need help under the Safe Homes Act?
- "I'm scared to stay in my home,"
- "My girlfriend won't stop coming to my door,"
- "Please don't call when my husband is home,"
- or "I need to move, but I don't know how."
When people need to access their rights under the Safe Homes Act, they often come to the Housing Advocacy Department and share that they are experiencing violence at home.
In initial conversations, people do not always seem to need a housing solution or share that they are experiencing violence.
However, it is important to always screen for and consider housing solutions because there are many reasons why someone may not initially share that they are experiencing domestic or sexual violence, including:
- • being afraid for their safety
- • afraid of judgment, or
- • unsure what options are available to them
Requesting a lock change
There are two ways to ask for a lock change under the Safe Homes Act, depending on your lease and whether the person harming you is on the lease.
How to Request Write or type up a request explaining that you are under a credible imminent threat of domestic or sexual violence.
Required Documents You must support your request with medical, court, or police evidence, OR a statement from a victim services provider.
How to Request Write or type up a request explaining that you are under a credible imminent threat of domestic or sexual violence.
Required Documents You must support your request with a civil or criminal plenary order of protection or a plenary civil no contact order.
Best Practices
When requesting a lock change from your housing provider, follow these steps to make the process smoother:
Think about when the lock change should happen and how to prepare for any safety concerns around the change.
Communicate with your housing provider in writing to confirm that they received your request and keep a copy of your request.
Your housing provider can charge a reasonable fee for a lock change. You can ask them to waive this fee, but they may not.
Putting the Law into Practice
It can be helpful to see how to use our Safe Homes Act guidance in an actual letter. Look at the letter below to see what language to include and why to include it!
Hover over each paragraph for more information.
I am writing on behalf of Susie Survivor, who is a resident at 233 S. Wacker Dr., Chicago, IL 60606. Ms. Survivor has obtained the enclosed emergency order of protection against Herbert Harmer. Mr. Harmer is not a lessee under the written lease between Ms. Survivor and the Apartment Company.
Start by identifying the survivor and where they live, in case the person that they regularly interact with is not the person who will make the decision about changing their locks.
Also list any documents that you included and whether the person harming the survivor is or is not on the lease so that the housing provider can quickly confirm that the request falls under the requirements of the law.
Pursuant to the Illinois Safe Homes Act, we are writing to request that you change the locks to the unit because Ms. Survivor is under a credible imminent threat of further domestic and sexual violence. Under the Safe Homes Act, you have 48 hours to change the locks. If you do not change the locks within that time frame, Ms. Survivor will change the locks and provide you with a copy by leaving it at the property management office.
State that you are making the request under the Safe Homes Act, so that the housing provider understands that the law supports what you are asking for.
The language used here also explains what will happen if the housing provider does not respond to the request quickly, so that there is no delay if the landlord does not respond.
Please advise if there will be any charge for the lock change. If possible, I would ask that you consider waiving this fee given the circumstances. Alternatively, please bill Ms. Survivor for the lock change and if she is unable to pay we will try to find her resources to pay the fee.
This is where you can address any cost associated with the lock change, including whether the housing provider will waive the cost of whether your organization will be covering it.
Should you have any questions or concerns, please do not hesitate to contact me. Thank you in advance for your cooperation and understanding in this matter.
Ending your lease early under the Safe Homes Act
What does it look like when a survivor needs to end their lease?
Survivors often decide to end their lease after experiencing domestic or sexual violence and realizing it’s not safe to stay. If you are a survivor living in federally subsidized housing, you should look to transfer your subsidy under the Violence Against Women Act (VAWA) instead of ending your lease, so you can move safely with your subsidy.
After an incident of domestic or sexual violence happens, it’s helpful for advocates to work with the survivor to set goals about whether to stay or leave, plan a timeline for the potential move, and identify any barriers to moving.
Safety Issues
After experiencing violence, people may need to identify new housing or a temporary housing solution but, a lot of the time, they do not have a safe space to go to.
Limited Finances
Moving is expensive and costs add up quickly, including new security deposits, move-in fees, and application fees.
Moving Logistics
It can be difficult to pack and move once your apartment has become unsafe. All of the steps of a move become more complicated and require careful planning and support for safety.
Ending your Lease Early under the Safe Homes Act
There are two ways to end your lease under the Safe Homes Act, depending on your situation.
How to Terminate Give a written notice to your landlord 3 days before or after you leave your apartment.
You do not need to provide evidence —your statement is enough.
How to Terminate Give a written notice to your landlord 3 days before or after you leave your apartment.
Required Documents This request must be supported by medical, court, or police evidence, OR a statement by a victim service provider.
The law has a second pathway to lease termination for survivors of sexual violence since it is possible that they are not under a credible imminent threat of harm.
Best Practices
When ending your lease, follow these steps to make the process smoother:
Always make your request in writing and make sure that the lease termination letter is received.
If documentation is required, provide the least invasive documentation, like a letter from a victim service provider, so that private or sensitive information is not shared unnecessarily.
Resolve all tenancy issues, like returning keys, giving an address for the security deposit, and settling any rent balance.
Putting the Law into Practice
It can be helpful to see how to use our Safe Homes Act guidance in an actual letter. Look at the letter below to see what language to include and why to include it!
I am writing on behalf of Susie Survivor, who is a resident at 233 S. Wacker Dr., Chicago, IL 60606. As you know, Ms. Survivor was the victim of domestic violence by Herman Harmer at the premises on February 21, 2022, and she remains under a credible imminent threat of further domestic violence at the premises.
Start by identifying the survivor and where they live.
Also, state that the survivor is under a credible imminent threat of domestic or sexual violence at the premises.
Ms. Survivor may lawfully terminate her lease pursuant to the Safe Homes Act because she was the victim of domestic violence at the premises. 765 ILCS §750/15(a)(1). She continues to live under a credible and imminent threat of continued domestic violence at the premises. Her assertion of this fact is sufficient under the statute to allow her to terminate her lease obligations. 765 ILCS § 750/15(a)(1).
State that you are making the request under the Safe Homes Act and use the language of the law so that the housing provider understands that the law supports what you are asking for.
Please be advised that, under the Safe Homes Act, you may not disclose to a prospective landlord (1) that a tenant exercised her rights under the SHA, or (2) any information provided by the tenant in exercising those rights. 765 ILCS § 750/27. If you violate this confidentiality provision, you may be liable for actual damages and attorney’s fees for any such disclosure. 765 ILCS §750/29.
It can be helpful to remind the housing provider that the information you are providing them should be kept confidential.Some housing providers are not as familiar with the Safe Homes Act, and it is important that information is kept confidential for a survivor’s safety.
Finish up the termination letter by having clear communication with the landlord about when the survivor is moving and create closure on all parts of the survivor's tenancy.
Ms. Survivor intends to vacate the premises on February 28, 2022, and terminate her lease obligations effective February 28, 2022. She will return all keys to the premises to the property management office on February 28, 2022. At that time, please confirm that there is no balance owed on her account.
Explain the logistics of when the move has or will happen and how the keys will be returned.
Addressing these logistics prevents any confusion about when the landlord has control of the property or at which point the survivor is no longer responsible for rent or other tenant obligations.
Rent has been fully paid for the month of February 2022. Ms. Survivor is not responsible for any rent that accrues after she vacates the premises. If you bring suit against Ms. Survivor for any rents accrued after she vacates the premises, Ms. Survivor has an affirmative defense under the Safe Homes Aact that will lead to dismissal of your claim against her. 765 ILCS § 750/15(a).
If the perpetrator of harm is still at the property, this is a good place to address that too by explaining they are the sole person responsible for the rent after the survivor terminates their lease.
You are required to return and account for Ms. Survivor's security deposit of $1,500 because she is lawfully terminating her tenancy pursuant to the SHA. You may return the deposit directly to our office at the information provided below.
If the survivor paid a security deposit, they can request it back in the letter, as well as providing a safe address for it to be returned.
Sometimes the safest address is a known family member’s address or an advocate’s address, so that the survivor’s new location is not accidentally disclosed.
Confidentiality
A landlord cannot share:
Any information the tenant has shared under the Safe Homes Act.
Whether the tenant used the Safe Homes Act to terminate their lease with a prospective landlord.
A tenant can waive this protection by signing their agreement to waive the protection in writing. If a landlord violates this confidentiality protection, they can be liable for actual damages up to $2,000 and reasonable attorney’s fees and costs.
ContinueSurvivor Stories
- Amy
- Maria
- Parry
Amy was sexually assaulted by her ex-boyfriend in her apartment, who was later arrested and not released on bond. Amy tried to terminate her lease under the Safe Homes Act within the same month by sending an email to her landlord. Amy’s landlord told her that she was not eligible to terminate her lease because she could not reasonably be afraid of her ex-boyfriend while he was detained.
Yes. The Safe Homes Act allows two pathways for survivors of sexual violence to terminate their lease, and Amy would qualify under both.
First, the credible imminent threat standard under the Safe Homes Act is a subjective standard, so the survivor is the one who determines whether the threat they are facing is real and immediate. For many survivors in Amy’s situation, they may face additional harm and threats from the person detained, or people supporting the person who are not detained. Ultimately, it is up to Amy—not her landlord—to determine whether this threat is credible and imminent, which she did by going to her landlord to terminate her lease.
Second, even if Amy was not under a credible and imminent threat of harm, she can terminate her lease because she experienced sexual violence at the property within 60 days. In addition to her written request, she must support her request with medical, court, or police evidence, or a statement by a victim service provider.
Maria was attacked by her ex-girlfriend in her apartment, leading to serious injuries and a need to terminate her lease. When Maria wrote a letter to her landlord seeking to terminate her lease, her landlord denied her request, explaining that Maria’s ex-girlfriend was not a threat to anyone, given her small stature.
Yes. The Safe Homes Act covers all survivors of domestic and sexual violence, regardless of sex, gender identity, or sexual orientation.
Maria is the one who determines whether she is under a credible and imminent threat of harm, which has done by going to her landlord to terminate her lease. Maria’s landlord must accept this request, and the landlord’s conduct likely violates additional fair housing laws, which protect against discrimination based on gender identity and sexual orientation.
Parry has noticed that his neighbor Ted is romantically interested in him, and he does not return the interest. His neighbor has left him notes saying that Parry is “his” and threatened to hurt his male friends and family members when they come over to his apartment. Parry does not want to seek a stalking no contact order because he is worried that it will make things worse with Ted, but he is very scared for his safety. When Parry told his landlord that he needed to terminate his lease, his landlord said no because he did not have a police report.
Yes. Parry is eligible to terminate his lease because he is under a credible and imminent threat of harm, and Parry is the only one that can determine whether that is the case.
When someone is facing a credible and imminent threat of harm, the Safe Homes Act does not require any third-party documentation so, as long as Parry terminated his lease in writing, his landlord does not have a basis to deny his termination request.
