HB1532ham003 98TH GENERAL ASSEMBLY

Rep. Anthony DeLuca

Filed: 4/17/2013

09800HB1532ham003 LRB098 02803 HEP 44739 a

AMENDMENT TO HOUSE BILL 1532

AMENDMENT NO. ______. Amend House Bill 1532, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 9-120.5 as follows:

(735 ILCS 5/9-120.5 new)

Sec. 9-120.5. Offensive use of property.

(a) As used in this Section, "offensive use of property" means the repeated use of leased premises in a manner that is seriously detrimental to the health and safety of the neighbors of the premises. To qualify as offensive use of property, all of the following conditions must exist:

(1) during 3 or more separate and unrelated incidents within a 60-day period, an act is committed on the property which is:

(A) a felony or a Class A misdemeanor; or

(B) a violation of subsection (a)(1) of Section 26-1 of the Criminal Code of 2012.

(2) for each incident, a lessee used or permitted the premises to be used in the commission of the acts; and

(3) for each incident, a criminal charge for the commission of the act resulted.

(b) If the standard for offensive use of property has been met, then the tenancy may be terminated and the lessor shall be entitled to bring a forcible entry and detainer action under this Section.

(c) If a lessor terminates a tenancy under this Section, the lessor shall be required to serve a 5-day notice to quit to the lessee, specifying the alleged acts and the date of occurrence for each. The notice shall be substantially in the following form:

"To .........(names of tenants) and all other unknown occupants. Because of the repeated use of the residence you rent at ............ (location of the premises) in a manner that is seriously detrimental to the health and safety of your neighbors, I have chosen to terminate your right to remain in the property. The specific acts, which took place in a 60-day period and resulted in a criminal charge, are: ................. (insert the alleged acts and the date of occurrence for each). You are hereby notified to return possession of your residence to me within 5 days of this date ............ (date of delivery of notice).

If a person identified in this notice is a victim of domestic violence, dating violence, sexual violence, or stalking, that person cannot be evicted except based on his or her own conduct that is unrelated to the violence against the person. Acts of domestic violence, dating violence, sexual violence, or stalking cannot be the basis for an eviction unless the person being evicted is the person who committed those acts. Other criminal activity related to acts of domestic violence, dating violence, sexual violence, or stalking also cannot be the basis for an eviction unless the person being evicted is the person who committed the criminal activity.

You may wish to contact a lawyer or your local legal aid agency to discuss any rights that you may have. This demand is being made pursuant to Illinois law (Section 9-120.5 of the Code of Civil Procedure, 735 ILCS 5/9-120.5, which can be found online for further information).".

The notice shall be signed by the lessor. No other notice or demand of possession or termination of the tenancy is necessary.

(d) After a trial, if the court finds by a preponderance of the evidence that the allegations of the complaint have been proven and the standard for offensive use of property has been met, it shall enter judgment for possession of the premises in favor of the plaintiff.

(e) The court may stay a judgment for possession, subject to Section 9-117 of this Code. The stay may be lifted and judgment for possession may be enforced if, prior to the expiration of the stay, the plaintiff petitions the court to terminate the stay and the court finds that, subsequent to the issuance of the stay, an act has been committed on the property which qualifies as offensive use of property under subsection (a) of this Section. The judgment for possession shall otherwise be automatically vacated at the end of the period of the stay.

(f) The sheriff or other lawfully deputized officer shall execute an order under this Section within 7 days of its entry or within 7 days of the expiration of a stay of judgment.

(g) Nothing in this Section shall limit the rights of a lessor to bring a forcible entry and detainer action on the basis of, and pursuant to, other applicable law.

(h) The governmental agencies in whose jurisdiction the leased premises are located shall provide the lessor with the information reasonably necessary to substantiate the required elements of an action filed under this Section. A municipality or other governmental entity may not require a lessor to bring a forcible entry and detainer action under this Section or impose a penalty on the lessor for failure to evict when notification is made.".