Avelar Bill Protecting Children from Improper Eviction Cases Becomes Law

ROMEOVILLE, Ill. — A new law will protect young people from the abusive practice of landlords thanks to the work of state Rep. Dagmara “Dee” Avelar, D-Bolingbrook. Avelar’s new law will prohibit landlords from suing children along with their parents or guardians, pushing back on an alarming new trend that can affect a young person’s future ability to obtain housing.

“Legal aid organizations consistently see cases with children under the age of 10 named in an eviction lawsuit; this practice has long-term and devastating consequences, as the record of these unjust and misguided cases can follow these children for the rest of their lives,” said Avelar.

Avelar’s House Bill 3566 ensures that an eviction complaint can be dismissed if a minor is named as a defendant, or if the person was a minor when the complaint was filed. Because evictions remain on tenant screening reports, public records, and background checks even if the minor was never responsible for the lease, this bill mitigates the likeliness of future housing instability, negative credit reporting and potential homelessness when the minor becomes an adult.

“The new law protects innocent minors, and ensures that eviction court records are accurate and can’t be used to unfairly deny housing opportunities,” said Larry Wood of Legal Action Chicago.

“I’m proud this work has translated into law that affirms that, simply, no child should be denied the right to safe, secure housing for no fault of their own,” said Avelar. “By restricting the damaging effects of naming minors in eviction cases, we alleviate the negative implications that stick around for these individuals once they become an adult.”

House Bill 3566 was signed into law Friday and will go into effect January 1 of next year.