Family & Safety

The Illinois Safe Homes Act is a law in Illinois that helps survivors of domestic violence, stalking, or sexual assault. The Act lets survivors break their rental lease early so they can leave their home and stay safe. This applies even if the lease is oral and not written down. In some cases, survivors can also ask for an emergency lock change to keep the abuser out of their home.

Learn more about the Illinois Safe Homes Act on The Network: Advocating Against Domestic Violence website.

Anyone, including children, who lives in private rental housing or subsidized housing, like “Section 8” Housing Choice Vouchers, and has experienced or might experience domestic violence or sexual violence can get help from the Illinois Safe Homes Act. This includes situations like: 

• Domestic or family violence,
• Dating violence,
• Stalking,
• Sexual assault,
• Unwanted sexual actions, or
• Sexual abuse.

The Act does not apply to people who live in public housing. They may still get help under the Violence Against Women Act.

The Illinois Safe Homes Act lets survivors of domestic violence, stalking, or sexual assault break their lease early if they are facing a “credible, imminent threat” of harm at their home. The survivor must give the landlord or property manager written notice of the threat within three days before moving out or within three days after. This applies to any area on the property, such as:

• The apartment,
• Laundry room,
• Backyard,
• Parking lot,
• Hallways, or
• Entrances.

The survivor only needs to explain the threat and does not have to provide extra proof, like a police report or court order.

The survivor should keep a copy of the notice and write down how they gave the notice to the landlord. The survivor can send the notice by certified mail or bring another adult with them when handing it to the landlord in person.

If the survivor gives the proper notice, they do not have to pay rent after leaving the home. The landlord cannot keep the security deposit or any interest. The survivor must make sure to take all their belongings and return the keys to the landlord or property manager when they leave the apartment.

Survivors in federally subsidized housing should consider transferring their subsidy under the Violence Against Women Act instead of ending the lease. This is because it can be hard to get into federally subsidized housing programs.

A “credible, imminent threat” of harm means the survivor believes the danger is real and can happen right away. The survivor is the best person to decide if there is a credible, imminent threat. Examples of a credible, imminent threat of harm under the Illinois Safe Homes Act include:

• The abuser goes to the survivor’s job, and the survivor worries the abuser will come to their house next;
• A stalker stands across the street from the survivor’s apartment;
• An abusive ex-partner knows where the survivor lives; and
• The survivor was sexually assaulted at home, and the police have not caught the attacker.

In addition to ending a lease because of a credible, imminent threat, survivors of sexual violence can also end their lease if they are not under a credible, imminent threat.

In these cases, the survivor must give the landlord or property manager written notice within 60 days of the sexual violence incident. The notice should be given within three days of leaving the home, whether it is before or after. If the survivor cannot give notice within 60 days due to reasons related to the violence like being in the hospital or getting counseling or shelter, they can extend the time. The survivor must tell the landlord as soon as possible if this delay happens.

The written notice must explain that the reason for leaving is because of sexual violence against the survivor or someone in their household. The written notice must include the date of the incident. The survivor also needs to provide proof of the sexual violence. This must be at least one of the following:

• A police report;
• Medical records;
• Court records; or
• A statement from a victim service or rape crisis organization where the survivor used their services.

The survivor can choose which type of proof to give. The landlord cannot require a specific document.

The survivor should keep a copy of the written notice and write down how they gave notice. The survivor can send the notice by certified mail or bring another adult when handing the written notice to the landlord in person.

If the survivor gives proper notice, they may not have to pay rent after leaving the home. The landlord cannot keep the security deposit or any interest. The survivor must make sure to take all their belongings and return the keys to the landlord or property manager when they leave the apartment.

If the landlord takes the survivor to court for unpaid rent, the survivor has an “affirmative defense” for not paying the rent. An affirmative defense means the survivor can argue there are reasons why the landlord should not win, even if the landlord’s claims are true. To use this defense, the survivor must prove they followed the law by giving written notice that they ended their lease because of a credible, imminent threat of harm. If the survivor ended the lease due to sexual violence and not because of a credible, imminent threat of harm, the survivor must show that they provided the proper proof.

Lock changes can help survivors stay safe. Survivors of domestic violence, stalking, sexual assault, or other sexual violence can ask for an emergency lock change under the Illinois Safe Homes Act. Getting the lock changed depends on the type of lease and whether the abuser is listed on the lease.

If the survivor has a written lease and the abuser is not listed on the lease, the survivor must provide written notice from all tenants listed on the lease. This notice must ask for a lock change because of a credible, imminent threat of domestic violence, stalking, sexual assault, or other sexual violence on the premises. The survivor must also provide at least one of the following:

• A police report;
• Medical records;
• Court records; or
• A statement from a victim service or rape crisis organization where the survivor used their services. 

If the survivor has 1) an oral lease, no matter where the abuser lives, or 2) a written lease and the abuser is named in the lease, the survivor must provide written notice from all tenants on the lease except for the abuser. The notice must ask for a lock change due to a credible, imminent threat of domestic violence, stalking, sexual assault, or other sexual violence on the premises. The survivor must also provide a copy of a plenary Order of Protection or a plenary sexual assault Civil No Contact Order that gives one of the tenants “exclusive possession” of the home. This means the abuser must leave the home.

The survivor should keep a copy of the notice and write down how it was given to the landlord. The notice can be sent by certified mail, or the survivor can bring another adult when handing it to the landlord in person.

If the survivor feels unsafe and needs to leave the home early after changing the locks, the survivor can still end the lease by following the steps for lease termination.

If a tenant asks the landlord to change the locks because of an emergency under the Illinois Safe Homes Act, the landlord has 48 hours to change the locks or to let the tenant change the locks. The landlord can charge a reasonable fee for the lock change. The tenant may be reimbursed under the Illinois Crime Victims Compensation Act. 

If the landlord does not change the locks within 48 hours of receiving notice, the tenant can change the locks without the landlord’s permission. The tenant must give the landlord a copy of the new keys. The tenant may also sue the landlord to force a lock change. 

The landlord and tenant should give each other the new keys as soon as possible, or no later than 48 hours. If someone gets locked out and there is damage because of it, the person who did not give the keys may be responsible.

If a survivor of domestic violence, stalking, sexual assault, or other sexual violence ends their lease early or asks for an emergency lock change under the Illinois Safe Homes Act, the landlord cannot tell a future landlord about it. The landlord also cannot share any information the survivor gave while using their rights under the Illinois Safe Homes Act.

If the landlord shares this information without the survivor’s permission, the landlord may have to pay the survivor up to $2,000 in damages and pay for reasonable lawyer’s fees and court costs.

The survivor can choose to give up this privacy right, but only if the survivor does so in writing.

The Violence Against Women Act (VAWA) is a federal law that helps survivors of domestic violence, sexual assault, or stalking. VAWA protects people who live in federally subsidized housing programs, like:

• Public housing,
• Project-based Section 8 housing; or
• If they have a Housing Choice “Section 8” Voucher.

VAWA protects survivors from being denied housing just because they are victims of violence. Survivors cannot be evicted or lose their housing subsidies because of the abuse.

Learn more about VAWA in English or Spanish. Learn more about housing rights, in English or Spanish, on The Network: Advocating Against Domestic Violence website. 

The Violence Against Women Act (VAWA) protects survivors of domestic violence, dating violence, sexual assault, and stalking. VAWA also protects the survivor’s immediate family members or people they live with, also known as “affiliated individuals” under the law. These protections apply to people who live in or are applying for public or subsidized housing.

Even though the law is called the Violence Against Women Act, it protects everyone, no matter their sex, sexual orientation, or gender identity.

If someone applies for public or subsidized housing, the owner or housing authority cannot deny them just because of things that happened due to abuse. For example, a survivor of domestic violence, sexual assault, or stalking might have bad credit, an eviction history, past legal problems, or missed rent payments. These are called “adverse factors.”

If the survivor qualifies in other ways, the survivor should not be turned away because of these adverse factors linked to the abuse.

If a survivor is denied public or subsidized housing, the federal housing provider should provide them with two forms so that they can appeal the decision:

• Notice of Occupancy Rights under VAWA (Form HUD-5380) and
• Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (Form HUD-5382).

The Violence Against Women Act helps protect people who have experienced domestic violence, sexual assault, or stalking from being evicted or having their subsidy terminated. This means:

• If a survivor of domestic violence, dating violence, sexual assault, or stalking experiences violence or is threatened with violence, it cannot be considered a serious or repeated violation of the lease. It cannot be considered good cause for ending the subsidy or the lease.
• If a survivor of domestic violence, dating violence, sexual assault, or stalking experiences violence or is threatened with violence, any criminal activity directly related to the violence cannot terminate the subsidy or the lease.

However, housing authorities and owners can still evict a tenant or end the lease if:

• There is a violation of the lease for reasons not related to domestic violence, dating violence, sexual assault, or stalking against the survivor/tenant or their household. The survivor cannot be held to a higher standard than other tenants when deciding whether or not to end the assistance or evict them.
• The housing authority or landlord believes the survivor staying in the home would cause an actual and imminent threat to other tenants or people who are employed at the property or providing services there. “Actual and imminent threat” is defined as real and physical danger that would occur within an immediate time period that could result in serious bodily harm or death. The housing authority or landlord would look at things like how serious the danger is, how likely it is to happen, how long the risk would last, and how long it would be before the danger could happen.

Landlords and housing programs are allowed to split ("bifurcate") the lease to remove the abuser who is a tenant on the lease who engages in criminal acts of violence directly relating to domestic violence, sexual assault, or stalking, against family members or others. This can be done without removing the survivor. This means the abuser can be evicted or lose their housing help, but the survivor can stay and keep their housing.

Sometimes, the landlord or housing authority may choose to give the survivor and the abuser different leases, vouchers, or even separate housing units. It is up to the owner or housing authority to decide whether to evict the abuser or terminate their housing assistance.

If the lease is split, the housing provider must make sure the survivor still gets to keep their housing support.

Under the Violence Against Women Act, housing authorities, owners, and housing providers must keep all information from survivors of domestic violence, dating violence, stalking, or sexual assault private and confidential. This information cannot be shared with others or put into shared computer systems or databases. The only times this information can be shared are:

• If the survivor asks in writing for it to be shared;
• If it is needed for an eviction or to end housing assistance; or
• If a law says it must be shared.

The Violence Against Women Act helps survivors of domestic violence, sexual assault, or stalking who have a Housing Choice Voucher. If a survivor is in imminent danger and needs to move, the survivor can ask their housing authority for an emergency transfer to a different apartment in the same area that their housing authority covers.

Sometimes, survivors need to move to another city or county covered by a different housing authority. It is called "porting" when someone moves from one housing authority to another while using a Housing Choice Voucher. To do this, the survivor usually needs permission from both the current and new housing authorities. The survivor must also follow all other voucher program rules for the move to be approved.

Survivors are protected under the Violence Against Women Act if they have faced domestic violence, dating violence, stalking, or sexual assault, and that is the reason the owner or housing authority is taking action against the survivor.

Landlords and housing authorities do not have to ask for proof that someone is a survivor. They can accept the survivor’s word as enough. However, if the landlord or housing authority does want written proof, they must:

• Ask for it in writing;
• Give the survivor 14 business days to respond; and
• Allow extra time if needed.

Survivors can choose what kind of proof to give in response. Survivors do not have to give paperwork from a third party, like a police officer or doctor. The housing provider cannot require that kind of proof. Many survivors use the Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (Form HUD-5382).

Housing providers may only ask for third-party proof in rare cases, such as if the abuse information in their file does not match or if more than one person in the home says they are a survivor.

Under the Violence Against Women Act (VAWA), public housing authorities must tell tenants about their rights. These rights include:

• The right not to be evicted or lose housing assistance because of abuse;
• The right to keep information private and confidential; and
• The right to tell owners and managers about their obligations under the law.

Housing authorities tell tenants about their rights by giving the tenants a form called the Notice of Occupancy Rights under VAWA (Form HUD-5380). Housing authorities must give this form:

• When someone is given housing;
• If someone is denied housing; and
• Any time the housing authority sends a warning about eviction or ending assistance.

Housing authorities must also include these protections, and any new programs or efforts to support survivors, in their yearly and five-year plans.

If a survivor of domestic violence, dating violence, stalking, or sexual assault believes their rights under the Violence Against Women Act (VAWA) have been violated, the survivor can file a complaint. Complaints are sent to the U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity. Survivors can also learn more about how HUD investigates these complaints.

Landlords and housing authorities are not allowed to punish or retaliate against a survivor for standing up for their rights under VAWA.

Protections under the Violence Against Women Act are only for federally subsidized housing.  However, Illinois has eviction protections for survivors of domestic violence, dating violence, sexual assault, and stalking within the Illinois Eviction Act called the Affirmative Defense for Victims of Violence. Learn more about common eviction defenses.

Figuring out if your rights were violated under the Illinois Safe Homes Act or the Violence Against Women Act can be hard. It is a good idea to talk to a lawyer, if possible. You can use Get Legal Help to find a free legal aid group or a private lawyer near you.