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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3702 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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| 735 ILCS 5/9-118 | from Ch. 110, par. 9-118 | 735 ILCS 5/9-119 | | 735 ILCS 5/9-120 | |
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Amends the Code of Civil Procedure. In Sections concerning the eviction of tenants for criminal activities, provides that evidence upon which a judgment for possession under this Section may be based includes, but is not limited to, police reports, photos, and affidavits of neighbors and other tenants. Provides that it is not required that a defendant be formally charged with a crime before a plaintiff may be granted relief.
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| | A BILL FOR |
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| | HB3702 | | LRB098 13933 HEP 48476 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Sections 9-118, 9-119, and 9-120 as follows:
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| 6 | | (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
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| 7 | | Sec. 9-118. Emergency housing eviction proceedings.
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| 8 | | (a) As used in this Section:
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| 9 | | "Cannabis" has the meaning ascribed to that term in the |
| 10 | | Cannabis Control Act.
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| 11 | | "Narcotics" and "controlled substance" have the meanings |
| 12 | | ascribed to those
terms in the Illinois Controlled Substances |
| 13 | | Act.
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| 14 | | (b) This Section applies only if all of the following |
| 15 | | conditions are
met:
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| 16 | | (1) The complaint seeks possession of premises that are
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| 17 | | owned or managed by a housing authority established under |
| 18 | | the Housing
Authorities Act or privately owned and managed.
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| 19 | | (2) The verified complaint alleges that there is direct
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| 20 | | evidence of any of the following:
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| 21 | | (A) unlawful possessing, serving, storing, |
| 22 | | manufacturing, cultivating,
delivering, using, |
| 23 | | selling, giving away, or
trafficking in cannabis, |
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| 1 | | methamphetamine, narcotics, or controlled substances
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| 2 | | within or upon the premises by or with the knowledge |
| 3 | | and consent of, or in
concert with the person or |
| 4 | | persons named in the complaint; or
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| 5 | | (B) the possession, use, sale, or delivery of a |
| 6 | | firearm which is
otherwise prohibited by State law
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| 7 | | within or upon the premises by or with the
knowledge |
| 8 | | and consent of, or in concert with, the person or |
| 9 | | persons named in
the complaint; or
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| 10 | | (C) murder, attempted murder, kidnapping, |
| 11 | | attempted kidnapping, arson,
attempted arson, |
| 12 | | aggravated battery, criminal sexual
assault, attempted |
| 13 | | criminal sexual assault, aggravated criminal sexual |
| 14 | | assault,
predatory criminal sexual assault of a child, |
| 15 | | or criminal sexual abuse
within or upon the premises by |
| 16 | | or with the
knowledge and consent of, or in concert |
| 17 | | with, the person or persons named in
the complaint.
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| 18 | | (3) Notice by verified complaint setting forth the |
| 19 | | relevant facts, and a
demand for possession of the type |
| 20 | | specified in Section 9-104 is served on
the tenant or |
| 21 | | occupant of the premises at least 14 days before a hearing |
| 22 | | on
the complaint is held, and proof of service of the |
| 23 | | complaint is submitted
by the plaintiff to the court.
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| 24 | | (b-5) In all actions brought under this Section 9-118, no |
| 25 | | predicate notice
of termination or demand for possession shall |
| 26 | | be required to initiate an
eviction action.
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| 1 | | (c) When a complaint has been filed under this Section, a |
| 2 | | hearing on the
complaint shall be scheduled on any day after |
| 3 | | the expiration of 14 days
following the filing of the |
| 4 | | complaint. The summons shall advise the defendant
that a |
| 5 | | hearing on the complaint shall be held at the specified date |
| 6 | | and time,
and that the defendant should be prepared to present |
| 7 | | any evidence on his or her
behalf at that time.
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| 8 | | If a plaintiff which is a public housing authority accepts
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| 9 | | rent from the defendant after an action is initiated under this
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| 10 | | Section, the acceptance of rent shall not be a cause for |
| 11 | | dismissal of the
complaint.
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| 12 | | (d) If the defendant does not appear at the hearing, |
| 13 | | judgment for
possession of the premises in favor of the |
| 14 | | plaintiff shall be entered by
default. If the defendant |
| 15 | | appears, a trial shall be held immediately as is
prescribed in |
| 16 | | other proceedings for possession. The matter shall not be
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| 17 | | continued beyond 7 days from the date set for the first hearing |
| 18 | | on the
complaint except by agreement of both the plaintiff and |
| 19 | | the defendant. After a
trial, if the court finds, by a |
| 20 | | preponderance of the evidence, that the
allegations in the |
| 21 | | complaint have been proven, the court shall enter judgment
for |
| 22 | | possession of the premises in favor of the plaintiff and the |
| 23 | | court shall
order that the plaintiff shall be entitled to |
| 24 | | re-enter the premises
immediately. Evidence upon which a |
| 25 | | judgment for possession under this Section may be based |
| 26 | | includes, but is not limited to, police reports, photos, and |
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| 1 | | affidavits of neighbors and other tenants. It is not required |
| 2 | | that a defendant be formally charged with a crime before a |
| 3 | | plaintiff may be granted relief under this Section.
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| 4 | | (d-5) If cannabis, methamphetamine, narcotics, or |
| 5 | | controlled substances are found or used
anywhere in the |
| 6 | | premises, there is a rebuttable presumption either (1) that the
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| 7 | | cannabis, methamphetamine,
narcotics, or controlled substances |
| 8 | | were used or possessed by a tenant
or occupant or (2) that a |
| 9 | | tenant or occupant permitted the premises to be used
for
that |
| 10 | | use or possession, and knew or should have reasonably known |
| 11 | | that the
substance was used or possessed.
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| 12 | | (e) A judgment for possession entered under this Section |
| 13 | | may not be
stayed for any period in excess of 7 days by the |
| 14 | | court. Thereafter the
plaintiff shall be entitled to re-enter |
| 15 | | the premises immediately. The sheriff
or other lawfully |
| 16 | | deputized officers shall give priority to service and
execution |
| 17 | | of orders entered under this Section over other possession |
| 18 | | orders.
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| 19 | | (f) This Section shall not be construed to prohibit the use |
| 20 | | or possession
of cannabis, methamphetamine, narcotics, or a |
| 21 | | controlled substance that has been legally
obtained in |
| 22 | | accordance with a valid prescription for the personal use of a
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| 23 | | lawful occupant of a dwelling unit.
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| 24 | | (Source: P.A. 94-556, eff. 9-11-05.)
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| 25 | | (735 ILCS 5/9-119)
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| 1 | | Sec. 9-119. Emergency subsidized housing eviction |
| 2 | | proceedings.
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| 3 | | (a) As used in this Section:
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| 4 | | "FmHA" means the Farmers Home Administration or a local |
| 5 | | housing
authority administering an FmHA program.
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| 6 | | "HUD" means the United States Department of Housing and |
| 7 | | Urban
Development, or the Federal Housing Administration or a |
| 8 | | local housing authority
administering a HUD program.
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| 9 | | "Section 8 contract" means a contract with HUD or FmHA |
| 10 | | which provides rent
subsidies entered into pursuant to Section |
| 11 | | 8 of the United States Housing Act
of 1937 or the Section 8 |
| 12 | | Existing Housing Program (24 C.F.R. Part 882).
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| 13 | | "Subsidized housing" means:
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| 14 | | (1) any housing or unit of housing subject to a
Section |
| 15 | | 8 contract;
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| 16 | | (2) any housing or unit of
housing owned, operated, or |
| 17 | | managed by a housing authority established under
the |
| 18 | | Housing Authorities Act; or
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| 19 | | (3) any housing or unit of housing financed by a
loan |
| 20 | | or mortgage held by the Illinois Housing Development |
| 21 | | Authority, a
local housing authority, or the federal |
| 22 | | Department of Housing and Urban
Development ("HUD") that |
| 23 | | is:
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| 24 | | (i) insured or held by HUD under Section 221(d)(3) |
| 25 | | of the National
Housing Act and assisted under Section |
| 26 | | 101 of the Housing and Urban
Development Act of 1965 or |
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| 1 | | Section 8 of the United States Housing Act of 1937;
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| 2 | | (ii) insured or held by HUD and bears interest at a |
| 3 | | rate determined
under the proviso of Section 221(d)(3) |
| 4 | | of the National Housing Act;
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| 5 | | (iii) insured, assisted, or held by HUD under |
| 6 | | Section 202 or 236 of the
National Housing Act;
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| 7 | | (iv) insured or held by HUD under Section 514 or |
| 8 | | 515 of the Housing
Act of 1949;
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| 9 | | (v) insured or held by HUD under the United States |
| 10 | | Housing Act of 1937;
or
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| 11 | | (vi) held by HUD and formerly insured under a |
| 12 | | program listed in
subdivision (i), (ii), (iii), (iv), |
| 13 | | or (v).
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| 14 | | (b) This Section applies only if all of the following |
| 15 | | conditions are
met:
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| 16 | | (1) The verified complaint seeks possession of |
| 17 | | premises that are
subsidized housing as defined under this |
| 18 | | Section.
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| 19 | | (2) The verified complaint alleges that there is direct |
| 20 | | evidence of
refusal by the tenant to allow the
landlord or |
| 21 | | agent of the landlord
or other person authorized by State |
| 22 | | or federal law or regulations or local
ordinance to inspect |
| 23 | | the
premises,
provided that all of the following conditions |
| 24 | | have been met:
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| 25 | | (A) on 2 separate occasions within a 30 day period |
| 26 | | the tenant, or
another person on the premises with the |
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| 1 | | consent of the tenant, refuses to
allow the landlord or |
| 2 | | agent of the landlord or other person authorized by |
| 3 | | State
or federal law or regulations or local ordinance |
| 4 | | to
inspect the
premises;
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| 5 | | (B) the landlord then sends written notice to the |
| 6 | | tenant stating
that
(i) the
tenant, or a person on the |
| 7 | | premises with the consent of the tenant, failed
twice |
| 8 | | within a 30 day period to allow the landlord
or agent |
| 9 | | of the landlord or other person authorized by State or |
| 10 | | federal law or
regulations or local ordinance to |
| 11 | | inspect the premises and
(ii) the tenant must allow the |
| 12 | | landlord or agent
of the landlord or other person |
| 13 | | authorized by State or federal law or
regulations or |
| 14 | | local ordinance to inspect the premises within
the next |
| 15 | | 30 days or face emergency eviction proceedings under |
| 16 | | this Section;
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| 17 | | (C) the tenant subsequently fails to allow the |
| 18 | | landlord
or agent of the landlord or other person |
| 19 | | authorized by State or federal law or
regulations or |
| 20 | | local ordinance to
inspect the premises within 30 days |
| 21 | | of receiving the notice from the
landlord; and
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| 22 | | (D) the tenant's written lease states that the |
| 23 | | occurrence of the
events described in items (A), (B), |
| 24 | | and (C) may result in eviction.
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| 25 | | (3) Notice, by verified complaint setting forth the |
| 26 | | relevant facts, and a
demand for possession of the type |
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| 1 | | specified in Section 9-104 is served on
the tenant or |
| 2 | | occupant of the premises at least 14 days before a hearing |
| 3 | | on
the complaint is held, and proof of service of the |
| 4 | | complaint is submitted
by the plaintiff to the court.
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| 5 | | (c) When a complaint has been filed under this Section, a |
| 6 | | hearing on the
complaint shall be scheduled on any day after |
| 7 | | the expiration of 14 days
following the filing of the |
| 8 | | complaint. The summons shall advise the defendant
that a |
| 9 | | hearing on the complaint shall be held at the specified date |
| 10 | | and time,
and that the defendant should be prepared to present |
| 11 | | any evidence on his or her
behalf at that time.
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| 12 | | (d) If the defendant does not appear at the hearing, |
| 13 | | judgment for
possession of the premises in favor of the |
| 14 | | plaintiff shall be entered by
default. If the defendant |
| 15 | | appears, a trial shall be held immediately as is
prescribed in |
| 16 | | other proceedings for possession. The matter shall not be
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| 17 | | continued beyond 7 days from the date set for the first hearing |
| 18 | | on the
complaint except by agreement of both the plaintiff and |
| 19 | | the defendant. After a
trial, if the court finds, by a |
| 20 | | preponderance of the evidence, that the
allegations in the |
| 21 | | complaint have been proven, the court shall enter judgment
for |
| 22 | | possession of the premises in favor of the plaintiff and the |
| 23 | | court shall
order that the plaintiff shall be entitled to |
| 24 | | re-enter the premises
immediately. Evidence upon which a |
| 25 | | judgment for possession under this Section may be based |
| 26 | | includes, but is not limited to, police reports, photos, and |
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| 1 | | affidavits of neighbors and other tenants. It is not required |
| 2 | | that a defendant be formally charged with a crime before a |
| 3 | | plaintiff may be granted relief under this Section.
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| 4 | | (e) A judgment for possession entered under this Section |
| 5 | | may not be
stayed for any period in excess of 7 days by the |
| 6 | | court. Thereafter the
plaintiff shall be entitled to re-enter |
| 7 | | the premises immediately. The sheriff
or other lawfully |
| 8 | | deputized officers shall give priority to service and
execution |
| 9 | | of orders entered under this Section over other possession
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| 10 | | orders.
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| 11 | | (Source: P.A. 89-660, eff. 1-1-97.)
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| 12 | | (735 ILCS 5/9-120) |
| 13 | | Sec. 9-120. Leased premises used in furtherance of a |
| 14 | | criminal offense;
lease void at option of lessor or assignee. |
| 15 | | (a) If any lessee or occupant, on one or more occasions, |
| 16 | | uses or permits the
use of leased premises for the commission |
| 17 | | of any act that would constitute a
felony or a Class A |
| 18 | | misdemeanor under the laws of this State, the lease or
rental |
| 19 | | agreement shall, at the option of the lessor or
the lessor's
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| 20 | | assignee become void, and the owner or lessor shall be entitled |
| 21 | | to recover
possession of the leased premises as against a |
| 22 | | tenant holding over after the
expiration of his or her term. A |
| 23 | | written lease shall notify the lessee that if any lessee or |
| 24 | | occupant, on one or more occasions, uses or permits the use of |
| 25 | | the leased premises for the commission of a felony or Class A |
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| 1 | | misdemeanor under the laws of this State, the lessor shall have |
| 2 | | the right to void the lease and recover the leased premises. |
| 3 | | Failure to include this language in a written lease or the use |
| 4 | | of an oral lease shall not waive or impair the rights of the |
| 5 | | lessor or lessor's assignee under this Section or the lease. |
| 6 | | This Section shall not be construed so as to diminish the |
| 7 | | rights of a lessor, if any, to terminate a lease for other |
| 8 | | reasons permitted under law or pursuant to the lease agreement. |
| 9 | | (b) The owner or lessor may bring a forcible entry and |
| 10 | | detainer action, or,
if
the State's Attorney of the county in |
| 11 | | which the real property is
located or the corporation counsel |
| 12 | | of the municipality in which the real property is located |
| 13 | | agrees, assign to that State's Attorney or corporation counsel |
| 14 | | the right to bring a forcible
entry and detainer action on |
| 15 | | behalf of
the owner or lessor, against the lessee and all |
| 16 | | occupants of the leased
premises. The assignment must be in |
| 17 | | writing on a form prepared by the State's
Attorney of the |
| 18 | | county in which the real property is located or the corporation |
| 19 | | counsel of the municipality in which the real property is |
| 20 | | located, as applicable. If the owner or
lessor assigns the |
| 21 | | right to bring a forcible entry and detainer action, the
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| 22 | | assignment shall be limited to those rights and duties up to |
| 23 | | and including
delivery of the order of eviction to the sheriff |
| 24 | | for execution. The owner or
lessor shall remain liable for the |
| 25 | | cost of the eviction whether or not the
right to bring the |
| 26 | | forcible entry and detainer action has been assigned. |
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| 1 | | (c) A person does not forfeit any part of his or her |
| 2 | | security deposit due
solely to an eviction under the provisions |
| 3 | | of this Section, except that a
security deposit may be used to |
| 4 | | pay fees charged by the sheriff for carrying
out an eviction. |
| 5 | | (d) If a lessor or the lessor's assignee voids a lease or |
| 6 | | contract under the
provisions of this Section and the tenant or |
| 7 | | occupant has not vacated the
premises within 5 days after |
| 8 | | receipt of a written notice to vacate the
premises, the lessor |
| 9 | | or lessor's assignee may seek relief under this Article
IX. |
| 10 | | Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, |
| 11 | | judgment for costs against a plaintiff seeking
possession of |
| 12 | | the premises under this Section shall not be awarded to the
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| 13 | | defendant unless the action was brought by the plaintiff in bad |
| 14 | | faith. An
action to possess premises under this Section shall |
| 15 | | not be deemed to be in bad
faith when the plaintiff based his |
| 16 | | or her cause of action on information
provided to him or her by |
| 17 | | a law enforcement agency, the State's Attorney, or the |
| 18 | | municipality. |
| 19 | | (e) After a trial, if the court finds, by a
preponderance |
| 20 | | of the evidence,
that the allegations in the complaint have |
| 21 | | been proven, the court
shall enter judgment for possession of |
| 22 | | the premises in favor of the plaintiff
and the court shall |
| 23 | | order that the plaintiff shall be entitled to re-enter the
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| 24 | | premises immediately. Evidence upon which a judgment for |
| 25 | | possession under this Section may be based includes, but is not |
| 26 | | limited to, police reports, photos, and affidavits of neighbors |
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| 1 | | and other tenants. It is not required that a defendant be |
| 2 | | formally charged with a crime before a plaintiff may be granted |
| 3 | | relief under this Section. |
| 4 | | (f) A judgment for
possession of the premises entered in an |
| 5 | | action brought by a lessor or lessor's
assignee, if the action |
| 6 | | was brought
as a result of a lessor or lessor's assignee |
| 7 | | declaring a lease void
pursuant to this Section,
may not be |
| 8 | | stayed for any period in excess of 7 days by the court unless |
| 9 | | all
parties agree to a longer period.
Thereafter the plaintiff |
| 10 | | shall be entitled to re-enter the premises
immediately. The |
| 11 | | sheriff or other lawfully deputized officers shall execute an
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| 12 | | order entered pursuant to this Section
within 7 days of its |
| 13 | | entry, or within 7 days of the expiration of
a stay of |
| 14 | | judgment, if one is entered. |
| 15 | | (g) Nothing in this Section shall limit the rights of an |
| 16 | | owner or lessor
to bring a forcible entry and detainer action |
| 17 | | on the basis of other applicable
law. |
| 18 | | (Source: P.A. 97-236, eff. 8-2-11.)
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