Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/9-118

(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)

Sec. 9-118. Emergency housing eviction proceedings.

(a) As used in this Section:

"Cannabis" has the meaning ascribed to that term in the Cannabis Control Act.

"Narcotics" and "controlled substance" have the meanings ascribed to those
terms in the Illinois Controlled Substances Act.

(b) This Section applies only if all of the following conditions are
met:

(1) The complaint seeks possession of premises that

are owned or managed by a housing authority established under the Housing Authorities Act or privately owned and managed.

(2) The verified complaint alleges that there is

direct evidence of any of the following:

(A) unlawful possessing, serving, storing,

manufacturing, cultivating, delivering, using, selling, giving away, or trafficking in cannabis, methamphetamine, narcotics, or controlled substances within or upon the premises by or with the knowledge and consent of, or in concert with the person or persons named in the complaint; or

(B) the possession, use, sale, or delivery of a

firearm which is otherwise prohibited by State law within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint; or

(C) murder, attempted murder, kidnapping,

attempted kidnapping, arson, attempted arson, aggravated battery, criminal sexual assault, attempted criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or criminal sexual abuse within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint.

(3) Notice by verified complaint setting forth the

relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court.

(b-5) In all actions brought under this Section 9-118, no predicate notice
of termination or demand for possession shall be required to initiate an
eviction action.

(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.

If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for dismissal of the
complaint.

(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default.  If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings.  The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant.  After a
trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.

(d-5) If cannabis, methamphetamine, narcotics, or controlled substances are found or used
anywhere in the premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine,
narcotics, or controlled substances were used or possessed by a tenant
or occupant or (2) that a tenant or occupant permitted the premises to be used
for
that use or possession, and knew or should have reasonably known that the
substance was used or possessed.

(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court.  Thereafter the
plaintiff shall be entitled to re-enter the premises immediately.  The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession orders.

(f) This Section shall not be construed to prohibit the use or possession
of cannabis, methamphetamine, narcotics, or a controlled substance that has been legally
obtained in accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.

(Source: P.A. 100-173, eff. 1-1-18.)