Cal. Civ. Code § 9-106.3
Affirmative defenses for retaliation on the basis of immigration status
Operative Text
Affirmative defenses for retaliation on the basis of immigration status. (a) It is an affirmative defense to an action maintained under this Article if the court finds that: (1) the landlord's demand for possession is based solely or in part on the citizenship or immigration status of the tenant; or(2) the landlord's demand for possession is based solely or in part on the tenant's failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord, and the lease with the tenant has commenced, and the tenant has taken possession.(b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order. (c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant. (d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law. (e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
Under 735 Ill. Comp. Stat. 5 § 9-106.3, a tenant facing an eviction action in Illinois may raise an affirmative defense if the landlord's demand for possession is based — even partly — on the tenant's citizenship or immigration status, or on the tenant's failure to supply a Social Security number, credit-report information, or a landlord-approved form of ID after the lease has started and the tenant has moved in. The provision carves out several exceptions: landlords may still comply with federal, state, or local legal obligations (including government rental-assistance programs), verify a prospective tenant's financial qualifications, and deliver notices about lease or rule violations. The rule neither expands nor shrinks a landlord's existing rights to end a tenancy under other Illinois or local law.
Plain English — not legal advice.
Operators subject to 735 Ill. Comp. Stat. 5 § 9-106.3 generally ensure that any demand for possession is grounded in lawful, non-discriminatory reasons unrelated to a tenant's citizenship or immigration status. Compliant operators also avoid basing eviction actions on a current tenant's refusal to supply a Social Security number or certain identification once the lease has commenced and the tenant is in possession, while still retaining the ability to screen prospective tenants' financial qualifications before a lease begins. Landlords may continue to issue notices for lease or rule violations, comply with government program requirements, and respond to court orders without running afoul of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
735 Ill. Comp. Stat. 5 § 9-106.3 gives Illinois tenants a potential affirmative defense to raise in eviction proceedings if they believe the landlord's demand for possession is based — even in part — on their citizenship or immigration status, or on their refusal to provide a Social Security number or certain identification after the lease has already started and they have taken possession. Tenants who believe this defense may apply to their situation can raise it directly in the eviction court proceeding as a formal affirmative defense. Tenant-rights organizations and legal aid providers familiar with Illinois housing law can help tenants understand how this provision interacts with their specific circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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