HB5109 Summary

• Defines "transient occupant" as a person residing in residential property briefly, without a lease, and on a transient basis, with factors including lack of ownership interest, no utility subscriptions, minimal/no rent, and no designated space.

• Establishes that transient occupants unlawfully detain property if they remain after the property owner directs them to leave, and occupancy terminates when they vacate, surrender keys, or are directed to leave by law enforcement with an affidavit.

• Authorizes law enforcement officers to direct transient occupants to surrender possession upon receipt of a sworn affidavit from the property owner; failure to comply constitutes criminal trespass under Section 19-4 of the Criminal Code.

• Provides wrongfully removed persons a cause of action for damages against the person who requested removal (but not law enforcement absent bad faith) and allows property owners to pursue unlawful detainer actions without prior notice to the transient occupant.

• Requires property owners to allow former transient occupants to recover personal belongings within 10 days under reasonable conditions, with exceptions for safety concerns or misconduct; former occupants may sue if access is unreasonably withheld.