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Sen. Don Harmon
Filed: 5/27/2010
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09600HB3690sam002 |
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LRB096 09607 AJO 41778 a |
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| AMENDMENT TO HOUSE BILL 3690
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| AMENDMENT NO. ______. Amend House Bill 3690, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| changing Section 9-106 as follows:
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| (735 ILCS 5/9-106) (from Ch. 110, par. 9-106) |
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| Sec. 9-106. Pleadings and evidence. On complaint by the |
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| party or parties
entitled to
the possession of such premises |
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| being filed in the circuit court for the
county where such |
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| premises are situated, stating that such party is
entitled to |
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| the possession of such premises (describing the same with
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| reasonable certainty), and that the defendant (naming the |
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| defendant) unlawfully
withholds the possession thereof from |
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| him, her or them, the clerk of the
court shall issue a summons. |
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| In counties with a population of 3,000,000 or more, the |
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09600HB3690sam002 |
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LRB096 09607 AJO 41778 a |
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| complaint shall also state the following information, to the |
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| extent the party or parties entitled to the possession of such |
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| premises have actual knowledge of such information: (i) the |
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| name of each known occupant of the premises, along with each |
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| known occupant's date of birth; (ii) if the actual date of |
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| birth is unknown, whether a known occupant is known to be under |
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| the age of 18 or over the age of 65; and (iii) whether a known |
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| occupant has a disability, as defined by Section 10 of the |
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| Disabilities Services Act of 2003, but only to the extent that |
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| the occupant has self-reported the disability to the person |
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| claiming such possession. The failure to comply with the |
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| requirement to provide such information shall not affect the |
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| validity or the legal effect of any complaint or of any order |
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| or judgment entered in the action. |
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| The defendant may under a general denial of the allegations |
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| of the
complaint offer in evidence any matter in defense of the |
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| action.
Except as otherwise provided in Section 9-120,
no
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| matters not germane to the distinctive purpose of the |
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| proceeding shall
be introduced by joinder, counterclaim or |
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| otherwise. However,
a claim for rent may be joined in the |
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| complaint, and judgment may be entered
for the amount of rent |
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| found due. |
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| The changes made by this amendatory Act of the 96th General |
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| Assembly do not apply to public housing programs, assisted |
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| under the United States Housing Act of 1937, as amended, 42 |
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| U.S.C. 1437 et seq., and its implementing regulations, |
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09600HB3690sam002 |
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LRB096 09607 AJO 41778 a |
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| including the tenant-based Housing Choice Voucher program. |
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| Public housing programs include premises assisted with housing |
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| choice vouchers and dwelling units in mixed-finance projects |
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| that are assisted through a public housing authority's capital, |
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| operating, or other funds. |
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| (Source: P.A. 90-360, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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