96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0066


 
Introduced 1/14/2009, by Rep. LaShawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Code of Civil Procedure.   Provides that if an action is brought for possession of the residential premises of a tenant and the court finds that the tenant is more than 90 days in arrears on his or her rent, the court may order a stay of the enforcement of the judgment for no more than 10 days, or if the court finds that there is good cause for a longer stay, then the court may grant a stay in excess of 10 days, but in that event the court shall require that the tenant pay a pro rata amount of rent under terms established in the stay order.



















LRB096 03449 AJO 13473 b

















 


 


A BILL FOR









 











HB0066

LRB096 03449 AJO 13473 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 9-110 as follows:
 



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



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    Sec. 9-110. Judgment for whole premises - Stay of 
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enforcement. If
it appears on the trial that the plaintiff is 
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entitled
to the possession of the whole of the premises 
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claimed, judgment for the
possession thereof and for costs 
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shall be entered in favor of the plaintiff.
However, if the 
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action is brought for possession of residential premises of a 
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tenant and the court finds that the defendant tenant is more 
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than 90 days in arrears on his or her rent, the court, by 
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order, may stay the enforcement of the judgment for a period 
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not to exceed 10 days from the date of the judgment, or if the 
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court finds that there is good cause for a longer stay, then 
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the court may stay the enforcement of the judgment for a period 
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in excess of 10 days, but in that event the court shall 
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condition the stay of the judgment on the defendant tenant 
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paying a pro rata amount of rent under terms established in the 
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stay order. However, if the action is brought under Article IX 
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of this Code and is
based upon a breach of a contract entered 
 


 






HB0066
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LRB096 03449 AJO 13473 b




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into
on or after July 1, 1962 for the purchase of such 
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premises, the court,
by order, may stay the enforcement of the 
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judgment for a period
not to exceed 60 days from the date of 
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the judgment, or if the court
finds that the amount unpaid on 
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the contract is less than 75% of the
original purchase price, 
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then the court shall stay the enforcement of the
judgment for a 
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period of 180 days from the date of the judgment.  The court
may 
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order a stay of less than 180 days (but in no event less than 60

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days) if it is shown that the plaintiff, prior to the filing of 
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the action
under Article IX of this Act, granted the defendant 
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previous extensions of
time to pay the amounts due under the 
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contract, or for other good cause
shown.  If during such period 
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of stay the defendant pays the entire amount
then due and 
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payable under the terms of the contract other than such
portion 
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of the principal balance due under the contract as would not be

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due had no default occurred and costs and, if the contract 
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provides
therefor, reasonable attorney's fees as fixed by the 
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court, and cures
all other defaults then existing, the contract 
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shall remain in force the
same as if no default had occurred.  
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The relief granted to a defendant
by this Section shall not be 
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exhausted by a single use thereof but shall
not be again 
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available with respect to the same contract for a period of
5 
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years from the date of such judgment.  Whenever defendant cures 
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the
default under the contract pursuant to this Section, the 
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defendant may within
the period of stay file a motion to vacate 
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the judgment in the court in
which the judgment was entered, 
 


 






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and, if the court, upon the hearing of
such motion, is 
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satisfied that such default has been cured, such
judgment shall 
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be vacated.  Unless defendant files such motion to vacate
in the 
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court or the judgment is otherwise stayed, enforcement of the 
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judgment
may proceed
immediately upon the expiration of such 
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period of stay and all rights of the
defendant in and to the 
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premises and in and to the real estate described
in the 
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contract are terminated.

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    Nothing herein contained shall be construed as affecting 
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the right of
a seller of such premises to any lawful remedy or 
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relief other than that
provided by Part 1 of Article IX of this 
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Act.

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(Source: P.A. 85-907.)