Sen. Don Harmon
Filed: 5/8/2009
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1 | AMENDMENT TO HOUSE BILL 3690
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2 | AMENDMENT NO. ______. Amend House Bill 3690 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Sections 9-104, 9-104.1, 9-104.2, and 9-211 as | ||||||
6 | follows:
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7 | (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
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8 | Sec. 9-104. Demand - Notice - Return. The demand required | ||||||
9 | by Section
9-102 of this Act may be made by delivering a copy
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10 | thereof to the tenant, or by leaving such a copy with some | ||||||
11 | person of the
age of 13 years or upwards, residing on, or being | ||||||
12 | in charge of, the premises;
or in case no one is in the actual | ||||||
13 | possession of the premises, then by
posting the same on the | ||||||
14 | premises; or if those in possession are unknown
occupants who | ||||||
15 | are not parties to any written lease, rental agreement, or | ||||||
16 | right
to possession agreement for the premises, then by |
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1 | delivering a copy of the
notice, directed to "unknown | ||||||
2 | occupants", to the occupant or by leaving a copy
of the notice | ||||||
3 | with some person of the age of 13 years or upwards
occupying | ||||||
4 | the premises, or by posting a copy of the notice on the | ||||||
5 | premises
directed to "unknown occupants". When such demand is | ||||||
6 | made by
an officer authorized to serve process, his or her | ||||||
7 | return is prima facie
evidence of the facts therein stated, and | ||||||
8 | if such demand is made by any
person not an officer, the return | ||||||
9 | may be sworn to by the person serving
the same, and is then | ||||||
10 | prima facie evidence of the facts therein
stated. The demand | ||||||
11 | for possession may be in the following form:
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12 | To ....
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13 | I hereby demand immediate possession of the following | ||||||
14 | described
premises: (describing the same.)
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15 | The demand shall be signed by the person claiming such | ||||||
16 | possession,
his or her agent, or attorney.
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17 | In counties with a population of 3,000,000 or more, the | ||||||
18 | demand required by Section 9-102 of this Act shall state the | ||||||
19 | name and date of birth of each known occupant of the premises | ||||||
20 | and the name of each known occupant who has a disability, as | ||||||
21 | defined by Section 10 of the Disabilities Services Act of 2003, | ||||||
22 | and who self-reported the disability to the person claiming | ||||||
23 | such possession. | ||||||
24 | The changes made by this amendatory Act of the 96th General | ||||||
25 | Assembly do not apply to public housing programs, assisted | ||||||
26 | under the United States Housing Act of 1937, as amended, 42 |
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1 | U.S.C. 1437 et seq., and its implementing regulations, | ||||||
2 | including the tenant-based Housing Choice Voucher program. | ||||||
3 | Public housing programs include premises assisted with housing | ||||||
4 | choice vouchers and dwelling units in mixed-finance projects | ||||||
5 | that are assisted through a public housing authority's capital, | ||||||
6 | operating, or other funds. | ||||||
7 | (Source: P.A. 92-823, eff. 8-21-02 .)
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8 | (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
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9 | Sec. 9-104.1. Demand; Notice; Return; Condominium and | ||||||
10 | Contract
Purchasers.
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11 | (a) In case there is a contract for the purchase of such | ||||||
12 | lands
or tenements or in case of condominium property, the | ||||||
13 | demand shall give the
purchaser under such contract, or to the | ||||||
14 | condominium unit owner, as the
case may be, at least 30 days to | ||||||
15 | satisfy the terms of the demand before an
action is filed. In | ||||||
16 | case of a condominium unit, the demand shall set forth
the | ||||||
17 | amount claimed which must be paid within the time prescribed in | ||||||
18 | the
demand and the time period or periods when the amounts were | ||||||
19 | originally due,
unless the demand is for compliance with | ||||||
20 | Section 18(n) of the Condominium
Property Act, in which case | ||||||
21 | the demand shall set forth the nature of the
lease and | ||||||
22 | memorandum of lease or the leasing requirement not satisfied.
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23 | The amount claimed shall include regular or special | ||||||
24 | assessments, late
charges or interest for delinquent | ||||||
25 | assessments, and attorneys' fees claimed
for services incurred |
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1 | prior to the demand. Attorneys' fees claimed by
condominium | ||||||
2 | associations in the demand shall be subject to review by the
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3 | courts in any forcible entry and detainer proceeding under | ||||||
4 | subsection (b) of Section 9-111
of this Act.
The demand shall | ||||||
5 | be signed by the person claiming such possession, his or
her | ||||||
6 | agent, or attorney.
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7 | (b) In the case of a condominium unit, the demand is not | ||||||
8 | invalidated by
partial payment of amounts due if the payments | ||||||
9 | do not, at the end of the
notice period, total the amounts | ||||||
10 | demanded in the notice for common
expenses, unpaid fines, | ||||||
11 | interest, late charges, reasonable attorney fees
incurred | ||||||
12 | prior to the initiation of any court action and costs of
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13 | collection. The person claiming possession, or his or her agent | ||||||
14 | or
attorney, may, however, agree in writing to withdraw the | ||||||
15 | demand in exchange
for receiving partial payment. To prevent | ||||||
16 | invalidation, the notice must
prominently state:
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17 | "Only FULL PAYMENT of all amounts demanded in this notice | ||||||
18 | will invalidate
the demand, unless the person claiming | ||||||
19 | possession, or his or her agent or
attorney, agrees in writing | ||||||
20 | to withdraw the demand in exchange for
receiving partial | ||||||
21 | payment."
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22 | (c) The demand set forth in subsection (a) of this Section | ||||||
23 | shall be
served either personally upon such purchaser or | ||||||
24 | condominium unit owner or
by sending the demand thereof by | ||||||
25 | registered or certified mail with return
receipt requested to | ||||||
26 | the last known address of such purchaser or condominium
unit |
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1 | owner or in case no one is in the actual possession of the | ||||||
2 | premises,
then by posting the same on the premises. When such | ||||||
3 | demand is made by an
officer authorized to serve process, his | ||||||
4 | or her return is prima facie
evidence of the facts therein | ||||||
5 | stated and if such demand is made by any
person not an officer, | ||||||
6 | the return may be sworn to by the person serving the
same, and | ||||||
7 | is then prima facie evidence of the facts therein stated.
To be | ||||||
8 | effective service under this Section, a demand sent by | ||||||
9 | certified or
registered mail to the last known address need not | ||||||
10 | be received by the
purchaser or condominium unit owner.
No
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11 | other demand shall be required as a prerequisite to filing an | ||||||
12 | action under
paragraph (7) of subsection (a) of Section 9-102 | ||||||
13 | of this Act.
Service of the demand by registered or certified | ||||||
14 | mail shall be deemed
effective upon deposit in the United | ||||||
15 | States mail with proper postage prepaid
and addressed as | ||||||
16 | provided in this subsection.
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17 | (d) In counties with a population of 3,000,000 or more, the | ||||||
18 | demand set forth in subsection (a) of this Section shall state | ||||||
19 | the name and date of birth of each known occupant of the | ||||||
20 | premises and the name of each known occupant who has a | ||||||
21 | disability, as defined by Section 10 of the Disabilities | ||||||
22 | Services Act of 2003, and who self-reported the disability to | ||||||
23 | the plaintiff. The plaintiff will also provide a physical | ||||||
24 | description of the structure in the demand to include the | ||||||
25 | number of stories and if it is a multiple unit structure. | ||||||
26 | The changes made by this amendatory Act of the 96th General |
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1 | Assembly do not apply to public housing programs, assisted | ||||||
2 | under the United States Housing Act of 1937, as amended, 42 | ||||||
3 | U.S.C. 1437 et seq., and its implementing regulations, | ||||||
4 | including the tenant-based Housing Choice Voucher program. | ||||||
5 | Public housing programs include premises assisted with housing | ||||||
6 | choice vouchers and dwelling units in mixed-finance projects | ||||||
7 | that are assisted through a public housing authority's capital, | ||||||
8 | operating, or other funds. | ||||||
9 | (Source: P.A. 90-496, eff. 8-18-97.)
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10 | (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
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11 | Sec. 9-104.2. Demand - Notice - Termination of Lease and | ||||||
12 | Possession of a
Condominium.
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13 | (a) Unless the Board of Managers is seeking to
terminate | ||||||
14 | the right of possession of a tenant or other occupant of a unit
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15 | under
an existing lease or other arrangement with the owner
of | ||||||
16 | a unit, no demand nor summons need be served upon the tenant or | ||||||
17 | other
occupant in connection
with an action brought under | ||||||
18 | paragraph (7) of subsection (a) of Section
9-102 of this | ||||||
19 | Article.
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20 | (a-5) The Board of Managers may seek to terminate
the right | ||||||
21 | of possession of a tenant or other occupant of a unit under an
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22 | existing lease or other arrangement between the tenant or other | ||||||
23 | occupant and
the defaulting owner of a unit, either within the | ||||||
24 | same action against the unit
owner under paragraph (7) of | ||||||
25 | subsection (a) of Section 9-102 of this Article or
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1 | independently thereafter under other paragraphs of that | ||||||
2 | subsection. If a
tenant or other occupant of a unit is joined | ||||||
3 | within
the same action against the defaulting unit owner under | ||||||
4 | paragraph (7),
only the unit owner and not the tenant or other | ||||||
5 | occupant
need to be served with 30 days prior written notice as
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6 | provided in this Article.
The tenant or other occupant may be | ||||||
7 | joined as additional defendants at the
time the suit is filed
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8 | or at any time thereafter prior to execution of judgment for | ||||||
9 | possession by
filing, with or without prior leave of the court, | ||||||
10 | an amended complaint and
summons for trial. If the complaint | ||||||
11 | alleges that the unit is occupied or may
be occupied by persons | ||||||
12 | other than or in addition to the unit owner of record,
that the | ||||||
13 | identities of the persons are concealed and unknown, they may | ||||||
14 | be named
and joined as defendant "Unknown Occupants". Summons | ||||||
15 | may be served on the
defendant "Unknown Occupants" by the | ||||||
16 | sheriff or court appointed process server
by leaving a copy at | ||||||
17 | the unit with any person residing at the unit of the age
of
13 | ||||||
18 | years or greater, and if the summons is returned without | ||||||
19 | service stating
that service cannot be obtained, constructive | ||||||
20 | service may be obtained pursuant
to Section 9-107 of this Code | ||||||
21 | with notice mailed to "Unknown Occupants" at the
address of the | ||||||
22 | unit. If prior to execution of judgment for possession the
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23 | identity of a defendant or defendants served in this manner is | ||||||
24 | discovered, his
or her name or names
and the record may be | ||||||
25 | corrected upon hearing pursuant to notice of motion
served upon | ||||||
26 | the identified defendant or defendants at the unit in the |
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1 | manner
provided by
court rule for service of notice of motion.
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2 | If however an action under paragraph (7) was brought
against | ||||||
3 | the defaulting unit owner only, and after obtaining judgment | ||||||
4 | for
possession and expiration of the stay on enforcement the | ||||||
5 | Board of Managers
elects not to accept a tenant or occupant in | ||||||
6 | possession as its own and to
commence a separate action, | ||||||
7 | written
notice of the judgment against the unit owner and | ||||||
8 | demand to quit the premises
shall be served on the tenant or | ||||||
9 | other occupant in the manner provided under
Section 9-211 at
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10 | least 10 days prior to bringing suit to recover possession from | ||||||
11 | the tenant or
other occupant.
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12 | (b) If a judgment for possession is granted to the Board of | ||||||
13 | Managers under
Section 9-111, any interest of the unit owner to | ||||||
14 | receive rents under any
lease arrangement shall
be deemed | ||||||
15 | assigned to the Board of Managers until such time as the | ||||||
16 | judgment is
vacated.
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17 | (c) If a judgment for possession is entered, the Board of | ||||||
18 | Managers may
obtain from the clerk of the court an | ||||||
19 | informational certificate notifying any
tenants
not parties to | ||||||
20 | the proceeding of the assignment of the unit owner's interest
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21 | in the lease arrangement to the Board of Managers
as a result | ||||||
22 | of the entry of the judgment for possession and stating that
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23 | any rent hereinafter due the unit owner or his agent under the | ||||||
24 | lease
arrangement should be paid to the Board of Managers until | ||||||
25 | further order of
court. If the tenant pays his rent to the | ||||||
26 | association pursuant to the
entry of such a judgement for |
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1 | possession, the unit owner may not sue said
tenant for any such | ||||||
2 | amounts the tenant pays the association.
Upon service of the | ||||||
3 | certificate on the tenant in the manner provided by
Section | ||||||
4 | 9-211 of this Code, the tenant shall be obligated to pay the | ||||||
5 | rent under
the lease arrangement to the Board of Managers as it | ||||||
6 | becomes due. If the
tenant thereafter fails and refuses to pay | ||||||
7 | the rent, the Board of Managers may
bring an action for | ||||||
8 | possession after making a demand for rent in accordance
with | ||||||
9 | Section 9-209 of this Code.
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10 | (c-5) In an action against the unit owner and lessee to | ||||||
11 | evict a lessee for
failure of the lessor/owner of the | ||||||
12 | condominium unit to comply with the leasing
requirements | ||||||
13 | prescribed by subsection (n) of Section 18 of the Condominium
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14 | Property Act or by
the declaration, bylaws, and rules and | ||||||
15 | regulations of the condominium, or
against a lessee for any | ||||||
16 | other breach by the lessee of any covenants, rules,
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17 | regulations, or bylaws of the condominium, the demand shall | ||||||
18 | give the lessee at
least 10 days to quit and vacate the unit. | ||||||
19 | The notice shall be substantially
in the following form:
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20 | "TO A.B. You are hereby notified that in consequence of | ||||||
21 | (here insert
lessor-owner name) failure to comply with the | ||||||
22 | leasing requirements prescribed
by Section 18(n) of the | ||||||
23 | Condominium Property Act or by the declaration, bylaws,
and | ||||||
24 | rules and regulations of the condominium, or your default | ||||||
25 | of any covenants,
rules, regulations or bylaws of the | ||||||
26 | condominium, in (here insert the character
of the default) |
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1 | of the premises now occupied by you, being (here described | ||||||
2 | the
premises) the Board of Managers of (here describe the | ||||||
3 | condominium) Association
elects to terminate your lease, | ||||||
4 | and you are hereby notified to quit and vacate
same within | ||||||
5 | 10 days of this date.".
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6 | The demand shall be signed by the Board of Managers, its | ||||||
7 | agent, or attorney
and shall be served either personally upon | ||||||
8 | the lessee with a copy to the unit
owner or by sending the | ||||||
9 | demand thereof by registered or certified mail with
return | ||||||
10 | receipt requested to the unit occupied by the lessee and to the | ||||||
11 | last
known address of the unit owner, and no other demand of | ||||||
12 | termination of such
tenancy shall be required. To be effective | ||||||
13 | service under this Section, a
demand sent by certified mail, | ||||||
14 | return receipt requested, to the unit occupied
by the lessee | ||||||
15 | and to the last known address of the unit owner need not be
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16 | received by the lessee or condominium unit owner.
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17 | (d) Nothing in this Section 9-104.2 is intended to confer | ||||||
18 | upon a Board of
Managers any greater authority with respect to | ||||||
19 | possession of a unit after a
judgment than was previously | ||||||
20 | established by this Act.
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21 | (e) In counties with a population of 3,000,000 or more, the | ||||||
22 | demand set forth in subsection (c-5) of this Section shall | ||||||
23 | state the name and date of birth of each known occupant of the | ||||||
24 | premises and the name of each known occupant who has a | ||||||
25 | disability, as defined by Section 10 of the Disabilities | ||||||
26 | Services Act of 2003, and who self-reported the disability to |
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1 | the Board of Managers. | ||||||
2 | The changes made by this amendatory Act of the 96th General | ||||||
3 | Assembly do not apply to public housing programs, assisted | ||||||
4 | under the United States Housing Act of 1937, as amended, 42 | ||||||
5 | U.S.C. 1437 et seq., and its implementing regulations, | ||||||
6 | including the tenant-based Housing Choice Voucher program. | ||||||
7 | Public housing programs include premises assisted with housing | ||||||
8 | choice vouchers and dwelling units in mixed-finance projects | ||||||
9 | that are assisted through a public housing authority's capital, | ||||||
10 | operating, or other funds. | ||||||
11 | (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
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12 | (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
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13 | Sec. 9-211. Service of demand or notice. Any demand may be | ||||||
14 | made or notice
served by delivering a
written or printed, or | ||||||
15 | partly written and printed, copy thereof to the
tenant, or by | ||||||
16 | leaving the same with some person of the age
of 13
years or | ||||||
17 | upwards, residing on or in possession of the premises; or by | ||||||
18 | sending a
copy of the notice to the tenant by certified or | ||||||
19 | registered mail, with
a returned receipt from the addressee; | ||||||
20 | and in case no one is in the
actual possession of the premises, | ||||||
21 | then by posting the same on the
premises.
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22 | In counties with a population of 3,000,000 or more, the | ||||||
23 | demand shall state the name and date of birth of each known | ||||||
24 | occupant of the premises and the name of each known occupant | ||||||
25 | who has a disability, as defined by Section 10 of the |
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| |||||||
1 | Disabilities Services Act of 2003, and who self-reported the | ||||||
2 | disability to the landlord. | ||||||
3 | The changes made by this amendatory Act of the 96th General | ||||||
4 | Assembly do not apply to public housing programs, assisted | ||||||
5 | under the United States Housing Act of 1937, as amended, 42 | ||||||
6 | U.S.C. 1437 et seq., and its implementing regulations, | ||||||
7 | including the tenant-based Housing Choice Voucher program. | ||||||
8 | Public housing programs include premises assisted with housing | ||||||
9 | choice vouchers and dwelling units in mixed-finance projects | ||||||
10 | that are assisted through a public housing authority's capital, | ||||||
11 | operating, or other funds. | ||||||
12 | (Source: P.A. 83-355.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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