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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||||||||
5 | changing Sections 9-121 and 15-1701 and by adding Section 9-122 | |||||||||||||||||||||||||
6 | as follows: | |||||||||||||||||||||||||
7 | (735 ILCS 5/9-121) | |||||||||||||||||||||||||
8 | Sec. 9-121. Sealing of court file. | |||||||||||||||||||||||||
9 | (a) Definition. As used in this Section : , | |||||||||||||||||||||||||
10 | "Consumer report" has the meaning provided in Section 603 | |||||||||||||||||||||||||
11 | of the Fair Credit Reporting Act, 15 U.S.C. 1681a(d). | |||||||||||||||||||||||||
12 | "Consumer reporting agency" has the meaning provided in | |||||||||||||||||||||||||
13 | Section 603 of the Fair Credit Reporting Act, 15 U.S.C. | |||||||||||||||||||||||||
14 | 1681a(f). | |||||||||||||||||||||||||
15 | " Court court file"
means the court file created when an | |||||||||||||||||||||||||
16 | eviction
action is filed with the court , any document filed in | |||||||||||||||||||||||||
17 | the eviction action, and any document or other information, | |||||||||||||||||||||||||
18 | inscribed on a tangible medium or stored in an electronic or | |||||||||||||||||||||||||
19 | other medium, associated with the eviction action or court | |||||||||||||||||||||||||
20 | record . | |||||||||||||||||||||||||
21 | "Dissemination" or "disseminate" means to publish, | |||||||||||||||||||||||||
22 | produce, print, manufacture, copy, distribute, sell, lease, | |||||||||||||||||||||||||
23 | exhibit, broadcast, display, transmit, or otherwise share |
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1 | information in any format so as to make the information | ||||||
2 | accessible to others. | ||||||
3 | "Foreclosure-related eviction" means an eviction action | ||||||
4 | brought against a tenant under Section 9-207.5; as set forth in | ||||||
5 | paragraph (6) of subsection (h) of Section 15-1701; or in which | ||||||
6 | a bona fide tenant is named in the foreclosure action as a | ||||||
7 | permissible party under Section 15-1501. | ||||||
8 | "For-cause eviction" means an eviction action in which the | ||||||
9 | court finds that a tenant or occupant has materially breached | ||||||
10 | the lease; or an eviction action brought against a tenant or an | ||||||
11 | occupant as set forth in paragraph (7) of subsection (a) of | ||||||
12 | Section 9-102 in which the court finds that a tenant or | ||||||
13 | occupant materially violated the lease or covenants, rules, | ||||||
14 | regulations, or bylaws of the condominium. | ||||||
15 | "Not-for-cause eviction" means an eviction action in which | ||||||
16 | the court does not find that a tenant or occupant has | ||||||
17 | materially breached the lease; or an eviction action brought | ||||||
18 | against a tenant or an occupant as set forth in paragraph (7) | ||||||
19 | of subsection (a) of Section 9-102 in which the court does not | ||||||
20 | find that the tenant or occupant materially violated the lease | ||||||
21 | or covenants, rules, regulations, or bylaws of the condominium. | ||||||
22 | "Not-for-cause eviction" includes an eviction action brought | ||||||
23 | against a tenant or occupant on the basis that a tenant or | ||||||
24 | occupant remains in the property after the termination of the | ||||||
25 | lease or tenancy by its own limitation, condition, or terms, or | ||||||
26 | by notice to quit or otherwise. |
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1 | "Seal" or "sealing" means to make the court file | ||||||
2 | unavailable to the public without a court order, but to | ||||||
3 | physically and electronically maintain the records, unless the | ||||||
4 | records would otherwise be destroyed due to age. | ||||||
5 | (a-5) A complaint for an eviction action shall include the | ||||||
6 | following information: | ||||||
7 | (1) whether the tenancy is residential or commercial; | ||||||
8 | (2) the type of notice or demand that was given to | ||||||
9 | defendant, if any; | ||||||
10 | (3) a statement alleging the basis for the eviction | ||||||
11 | action, including whether a plaintiff alleges the eviction | ||||||
12 | action is a for-cause eviction or not-for-cause eviction; | ||||||
13 | (4) a statement alleging whether the eviction action is | ||||||
14 | a foreclosure-related eviction; and | ||||||
15 | (5) whether the property the plaintiff seeks | ||||||
16 | possession of is a condominium unit, and if so, whether | ||||||
17 | each defendant named in the action is an owner, tenant, or | ||||||
18 | occupant of the unit. | ||||||
19 | Nothing in this subsection imposes any duty upon the clerk | ||||||
20 | of the circuit court to inspect a complaint for an eviction | ||||||
21 | action for compliance with this subsection. | ||||||
22 | (a-10) Upon entry of an eviction order against a defendant, | ||||||
23 | or when a court is required to consider whether a court file is | ||||||
24 | qualified for sealing under subsection (b) or (c) in accordance | ||||||
25 | with subsection (e), the court shall make the following | ||||||
26 | findings: |
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1 | (1) whether the eviction action is a | ||||||
2 | foreclosure-related eviction; | ||||||
3 | (2) whether the eviction action is a for-cause eviction | ||||||
4 | or a not-for-cause eviction; | ||||||
5 | (3) whether the eviction action relates to a commercial | ||||||
6 | tenancy and not a residential tenancy; and | ||||||
7 | (4) whether the property is a condominium, and if so, | ||||||
8 | whether the tenant or occupant was evicted for cause. | ||||||
9 | (a-15) A court file shall not be sealed under this Section | ||||||
10 | if it pertains to an eviction action in which: (1) the tenancy | ||||||
11 | is commercial, and not residential; or (2) the property that | ||||||
12 | the plaintiff seeks possession of is a condominium unit and no | ||||||
13 | tenants or occupants are named as defendants in the action. | ||||||
14 | (b) Discretionary sealing of court file. The court may
| ||||||
15 | order that a court file in an eviction action
be placed under | ||||||
16 | seal , regardless of the final disposition of the action, if the | ||||||
17 | interests of justice in sealing the court file outweigh the | ||||||
18 | interests of the public in maintaining a public record of the | ||||||
19 | case, including, but not limited to, under the following | ||||||
20 | circumstances: if | ||||||
21 | (1) the court finds that the plaintiff's
action is | ||||||
22 | sufficiently without a basis in fact or law, which
may | ||||||
23 | include a lack of jurisdiction ; | ||||||
24 | (2) the judgment in favor of the plaintiff is for an | ||||||
25 | amount of $1,000 or less; | ||||||
26 | (3) the court finds that there is a prima facie defense |
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1 | to the eviction action; | ||||||
2 | (4) the parties enter into a settlement agreement, | ||||||
3 | including an agreed entry of judgment, that does not result | ||||||
4 | in the plaintiff recovering possession; or | ||||||
5 | (5) the court determines that there are other grounds | ||||||
6 | justifying the sealing of the court file , that placing the | ||||||
7 | court file
under seal is clearly in the interests of | ||||||
8 | justice, and that
those interests are not outweighed by the | ||||||
9 | public's interest in
knowing about the record . | ||||||
10 | (b-5) In determining a motion or petition to seal pursuant | ||||||
11 | to subsection (b), the court may consider the following: | ||||||
12 | (1) the disposition of the eviction action relating to | ||||||
13 | the court file; | ||||||
14 | (2) whether the sealing of the court file is disputed | ||||||
15 | by the plaintiff, and if so, the adverse effects on the | ||||||
16 | plaintiff if the case file is sealed; | ||||||
17 | (3) the amount of time between the filing of the | ||||||
18 | eviction action and the filing of the motion or petition to | ||||||
19 | seal the court file; | ||||||
20 | (4) the specific adverse consequences to the defendant | ||||||
21 | if the court file remains a public record; | ||||||
22 | (5) whether there are any extenuating circumstances | ||||||
23 | that may have led to the plaintiff bringing an eviction | ||||||
24 | action against the tenant or occupant, including whether | ||||||
25 | the tenant or occupant has any defenses to the action; and | ||||||
26 | (6) any other factor the court deems useful in |
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1 | balancing the interests of justice against the interests of | ||||||
2 | the public in accordance with subsection (b). | ||||||
3 | (c) Mandatory sealing of court file. The court file | ||||||
4 | relating to an eviction action brought against a tenant under | ||||||
5 | Section 9-207.5 of this Code or as set forth in subdivision | ||||||
6 | (h)(6) of Section 15-1701 of this Code shall be placed under | ||||||
7 | seal : | ||||||
8 | (1) in a foreclosure-related eviction action; | ||||||
9 | (2) in a not-for-cause eviction; | ||||||
10 | (3) if the parties to the eviction action so agree; and | ||||||
11 | (4) in an action not resulting in an eviction order | ||||||
12 | entered in favor of the plaintiff .
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13 | (d) Except as provided in subsection (a-10), any tenant or | ||||||
14 | occupant named as a defendant in an eviction action may file a | ||||||
15 | motion or petition to seal the court file of the eviction | ||||||
16 | action, including an action filed before the effective date of | ||||||
17 | this amendatory Act of the 101st General Assembly. | ||||||
18 | (e) Court files shall be sealed as follows: | ||||||
19 | (1) Court files identified as qualifying for mandatory | ||||||
20 | sealing under paragraph (1) or (2) of subsection (c) shall | ||||||
21 | be sealed by court order as soon as it is apparent to the | ||||||
22 | court that an action qualifies for mandatory sealing. The | ||||||
23 | court shall examine the plaintiff's complaint and any other | ||||||
24 | relevant information proffered by the parties, make | ||||||
25 | findings in accordance with subsection (a-10), and order | ||||||
26 | the court file sealed at the earliest upon filing and no |
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1 | later than the return date on the original pleading filed | ||||||
2 | by the plaintiff. | ||||||
3 | Nothing in this subsection imposes a duty upon the | ||||||
4 | clerk of the circuit court to inspect a complaint for an | ||||||
5 | eviction action to ensure compliance with this subsection. | ||||||
6 | (2) Court files identified as qualifying for mandatory | ||||||
7 | sealing under paragraph (3) of subsection (c) shall be | ||||||
8 | sealed by court order as soon as the parties' agreement to | ||||||
9 | seal is entered by the court. | ||||||
10 | (3) Except as provided in this paragraph, court files | ||||||
11 | identified as qualifying for mandatory sealing under | ||||||
12 | paragraph (4) of subsection (c) shall be sealed by court | ||||||
13 | order no later than entry of the final disposition of the | ||||||
14 | action. The court shall seal the court file of an eviction | ||||||
15 | action in which there is not a final disposition and no | ||||||
16 | appeal is pending and there has been no action of record | ||||||
17 | for over 6 months without another court date scheduled. | ||||||
18 | (4) All other court files, including, but not limited | ||||||
19 | to, those pertaining to eviction actions filed before the | ||||||
20 | effective date of this amendatory Act of the 101st General | ||||||
21 | Assembly and those pertaining to eviction actions that | ||||||
22 | qualify for mandatory sealing under subsection (c) but were | ||||||
23 | misidentified as not qualifying for mandatory sealing, | ||||||
24 | shall be sealed, upon motion or petition, if the court | ||||||
25 | finds that the court file qualifies for mandatory sealing | ||||||
26 | under subsection (c) or discretionary sealing under |
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1 | subsection (b). | ||||||
2 | (5) In an eviction action in which the court determines | ||||||
3 | a court file qualifies for mandatory sealing under | ||||||
4 | subsection (c) or discretionary sealing under subsection | ||||||
5 | (b), the court shall enter a separate order to seal the | ||||||
6 | court file. | ||||||
7 | (6) In an eviction action in which the court finds that | ||||||
8 | the court file is exempt from sealing under subsection | ||||||
9 | (a-10), the court shall enter a separate order with that | ||||||
10 | finding. | ||||||
11 | (f) Unless the court finds that the action involves either | ||||||
12 | a commercial tenancy or a condominium unit in accordance with | ||||||
13 | paragraph (3) or (4) of subsection (a-10), the clerk of the | ||||||
14 | circuit court shall automatically seal all eviction action | ||||||
15 | court files no later than 3 years after the plaintiff's initial | ||||||
16 | filing with the court, regardless of the final disposition of | ||||||
17 | the case. This subsection applies only to eviction actions | ||||||
18 | filed after the effective date of this amendatory Act of the | ||||||
19 | 101st General Assembly. | ||||||
20 | (Source: P.A. 100-173, eff. 1-1-18 .) | ||||||
21 | (735 ILCS 5/9-122 new) | ||||||
22 | Sec. 9-122. Dissemination and use of information contained | ||||||
23 | in a sealed court file. | ||||||
24 | (a) If a person knows or has reasonable cause to know that | ||||||
25 | information is derived from a sealed court file, he or she |
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1 | shall not disseminate the information. | ||||||
2 | (b) A consumer reporting agency, including a tenant | ||||||
3 | background screening service, shall not disclose the existence | ||||||
4 | of, or information regarding, an eviction action if there is no | ||||||
5 | final disposition entered by the court or if the court file is | ||||||
6 | sealed under Section 9-121 or otherwise made confidential by | ||||||
7 | the court, or use the action as a factor to determine any score | ||||||
8 | or recommendation to be included in a consumer report | ||||||
9 | pertaining to a person named in an action. A consumer reporting | ||||||
10 | agency may include in a consumer report information found in a | ||||||
11 | publicly available court file, if: (i) the consumer's full | ||||||
12 | name, date of birth, social security number, and both the basis | ||||||
13 | for and final disposition of the eviction action reported are | ||||||
14 | included in the report; (ii) the consumer is permitted to | ||||||
15 | include a 100-word statement about any court file included in | ||||||
16 | any way in the report; and (iii) the information is removed | ||||||
17 | from the report or from the calculation of any score or | ||||||
18 | recommendation therein within 7 days of sealing of the court | ||||||
19 | file from which it is derived. | ||||||
20 | Any violation of this subsection is an unlawful practice | ||||||
21 | under the Consumer Fraud and Deceptive Business Practices Act. | ||||||
22 | (c) Any person who violates this Section shall be liable to | ||||||
23 | the affected tenant or occupant for $2,000 for each violation, | ||||||
24 | or twice the actual and consequential damages sustained, | ||||||
25 | whichever is greater, and the costs of the action, including | ||||||
26 | reasonable attorney's fees. |
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1 | (d) This Section does not apply to a tenant or occupant | ||||||
2 | whose court file was sealed, his or her counsel, the court, or | ||||||
3 | the clerk of the circuit court. | ||||||
4 | (e) Nothing in this Section shall be deemed to waive the | ||||||
5 | rights or remedies of any consumer under any law, rule, or | ||||||
6 | regulation. | ||||||
7 | (f) Nothing in this Section prohibits the dissemination of | ||||||
8 | information regarding a money judgment for the sole purpose of | ||||||
9 | enforcing the judgment pursuant to Article XII of the Code of | ||||||
10 | Civil Procedure. | ||||||
11 | (g) Nothing in this Section prohibits the provision of the | ||||||
12 | eviction order to a sheriff for the sole purpose of enforcement | ||||||
13 | of the order. | ||||||
14 | (h) If any provision of this Section or its application to | ||||||
15 | any person or circumstance is held invalid, the invalidity of | ||||||
16 | that provision or application does not affect other provisions | ||||||
17 | or applications of this Section that can be given effect | ||||||
18 | without the invalid provision or application.
| ||||||
19 | (735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
| ||||||
20 | Sec. 15-1701. Right to possession.
| ||||||
21 | (a) General. The provisions of
this Article shall govern | ||||||
22 | the right to possession of the mortgaged real
estate during | ||||||
23 | foreclosure. Possession under this Article includes physical
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24 | possession of the mortgaged real estate to the same extent to | ||||||
25 | which the
mortgagor, absent the foreclosure, would have been |
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1 | entitled to physical
possession. For the purposes of Part 17, | ||||||
2 | real estate is residential real estate
only if it is | ||||||
3 | residential real estate at the time the foreclosure is | ||||||
4 | commenced.
| ||||||
5 | (b) Pre-Judgment. Prior to the entry of a judgment of | ||||||
6 | foreclosure:
| ||||||
7 | (1) In the case of residential real estate, the | ||||||
8 | mortgagor shall be
entitled to possession of the real | ||||||
9 | estate except if (i) the mortgagee shall
object and show | ||||||
10 | good cause, (ii) the mortgagee is so authorized by the | ||||||
11 | terms of
the mortgage or other written instrument, and | ||||||
12 | (iii) the court is satisfied that
there is a reasonable | ||||||
13 | probability that the mortgagee will prevail on a final
| ||||||
14 | hearing of the cause, the court shall upon request place | ||||||
15 | the mortgagee in
possession. If the residential real estate | ||||||
16 | consists of more than one dwelling
unit, then for the | ||||||
17 | purpose of this Part residential real estate shall mean | ||||||
18 | only
that dwelling unit or units occupied by persons | ||||||
19 | described in clauses (i), (ii)
and (iii) of Section | ||||||
20 | 15-1219.
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21 | (2) In all other cases, if (i) the mortgagee is so | ||||||
22 | authorized by the
terms of the mortgage or other written | ||||||
23 | instrument, and (ii) the court is
satisfied that there is a | ||||||
24 | reasonable probability that the mortgagee will
prevail on a | ||||||
25 | final hearing of the cause, the mortgagee shall
upon | ||||||
26 | request be placed in possession of the real estate, except |
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1 | that if the
mortgagor shall object and show good cause, the | ||||||
2 | court shall allow the
mortgagor to remain in possession.
| ||||||
3 | (c) Judgment Through 30 Days After Sale Confirmation. After | ||||||
4 | the entry
of a judgment of foreclosure and through the 30th day | ||||||
5 | after a foreclosure
sale is confirmed:
| ||||||
6 | (1) Subsection (b) of Section 15-1701 shall be | ||||||
7 | applicable, regardless of
the provisions of the mortgage or | ||||||
8 | other instrument, except that after a
sale pursuant to the | ||||||
9 | judgment the holder of the certificate of sale
(or, if | ||||||
10 | none, the purchaser at the sale) shall have the mortgagee's | ||||||
11 | right to be
placed in possession, with all rights and | ||||||
12 | duties of a mortgagee in possession
under this Article.
| ||||||
13 | (2) Notwithstanding paragraph (1) of subsection (b) | ||||||
14 | and paragraph (1) of
subsection (c) of Section 15-1701, | ||||||
15 | upon request of the mortgagee, a mortgagor
of residential | ||||||
16 | real estate shall not be allowed to remain in possession | ||||||
17 | between
the expiration of the redemption period and through | ||||||
18 | the 30th day after sale
confirmation unless (i) the | ||||||
19 | mortgagor pays to the mortgagee or such holder or
| ||||||
20 | purchaser, whichever is applicable, monthly the lesser of | ||||||
21 | the interest due
under the mortgage calculated at the | ||||||
22 | mortgage rate of interest applicable as if
no default had | ||||||
23 | occurred or the fair rental value of the real estate, or | ||||||
24 | (ii)
the mortgagor otherwise shows good cause. Any amounts | ||||||
25 | paid by the mortgagor
pursuant to this subsection shall be | ||||||
26 | credited against the amounts due from the
mortgagor.
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1 | (d) After 30 Days After Sale Confirmation. The holder of
| ||||||
2 | the certificate of sale or deed issued pursuant to that | ||||||
3 | certificate or, if
no certificate or deed was issued, the | ||||||
4 | purchaser, except to the extent the
holder or purchaser may | ||||||
5 | consent otherwise, shall be entitled to possession of
the | ||||||
6 | mortgaged real estate, as of the date 30 days after the order | ||||||
7 | confirming
the sale is entered, against those parties to the | ||||||
8 | foreclosure whose interests
the court has ordered terminated, | ||||||
9 | without further notice to any party, further
order of the | ||||||
10 | court, or resort to proceedings under any other statute other | ||||||
11 | than
this Article.
This right to possession shall be limited by | ||||||
12 | the provisions
governing entering and enforcing orders of | ||||||
13 | possession under subsection (g) of
Section
15-1508.
If the | ||||||
14 | holder or purchaser determines that there are occupants
of the | ||||||
15 | mortgaged real estate who have not been made parties to the | ||||||
16 | foreclosure
and had their interests terminated therein, the | ||||||
17 | holder or purchaser may bring an eviction
proceeding under | ||||||
18 | subsection (h) of this Section, if applicable, or under Article | ||||||
19 | IX of this Code
to terminate the rights of possession of any | ||||||
20 | such occupants. The holder or
purchaser shall not be entitled | ||||||
21 | to proceed against any such occupant under
Article IX of this | ||||||
22 | Code until after 30 days after the order confirming the sale
is | ||||||
23 | entered.
| ||||||
24 | (e) Termination of Leases. A lease of all or any part of | ||||||
25 | the mortgaged
real estate shall not be terminated automatically | ||||||
26 | solely by virtue of the entry
into possession by (i) a |
| |||||||
| |||||||
1 | mortgagee or receiver prior to the entry of an order
confirming | ||||||
2 | the sale, (ii) the holder of the certificate of sale, (iii) the
| ||||||
3 | holder of the deed issued pursuant to that certificate, or (iv) | ||||||
4 | if no
certificate or deed was issued, the purchaser at the | ||||||
5 | sale.
| ||||||
6 | (f) Other Statutes; Instruments. The provisions of this | ||||||
7 | Article
providing for possession of mortgaged real estate shall | ||||||
8 | supersede any other
inconsistent statutory provisions. In | ||||||
9 | particular, and without limitation,
whenever a receiver is | ||||||
10 | sought to be appointed in any action in which a
foreclosure is | ||||||
11 | also pending, a receiver shall be appointed only in
accordance | ||||||
12 | with this Article. Except as may be authorized by this Article,
| ||||||
13 | no mortgage or other instrument may modify or supersede the | ||||||
14 | provisions of this
Article.
| ||||||
15 | (g) Certain Leases. Leases of the mortgaged real estate | ||||||
16 | entered into by
a mortgagee in possession or a receiver and | ||||||
17 | approved by the court in a
foreclosure shall be binding on all | ||||||
18 | parties, including the mortgagor after
redemption, the | ||||||
19 | purchaser at a sale pursuant to a judgment of foreclosure
and | ||||||
20 | any person acquiring an interest in the mortgaged real estate | ||||||
21 | after
entry of a judgment of foreclosure in accordance with | ||||||
22 | Sections 15-1402 and
15-1403.
| ||||||
23 | (h) Proceedings Against Certain Occupants.
| ||||||
24 | (1) The mortgagee-in-possession of the mortgaged real | ||||||
25 | estate under Section
15-1703, a receiver appointed under | ||||||
26 | Section 15-1704, a holder of the
certificate of sale or |
| |||||||
| |||||||
1 | deed, or the purchaser may, at any time during the
pendency | ||||||
2 | of the foreclosure and up to 90 days after the date of the | ||||||
3 | order
confirming the sale,
file a supplemental eviction | ||||||
4 | petition against a person not personally
named as a party
| ||||||
5 | to the foreclosure. This subsection (h) does not apply to | ||||||
6 | any lessee with a bona fide lease of a dwelling unit in | ||||||
7 | residential real estate in foreclosure. | ||||||
8 | (2) The supplemental eviction petition shall name each | ||||||
9 | such
occupant against whom an eviction order is sought and | ||||||
10 | state the facts upon which the
claim for relief is | ||||||
11 | premised.
| ||||||
12 | (3) The petitioner shall serve upon each named occupant | ||||||
13 | the petition,
a notice of hearing on the petition, and, if | ||||||
14 | any, a copy of the certificate of
sale or deed. The | ||||||
15 | eviction proceeding, including service of the notice of the | ||||||
16 | hearing and the petition,
shall in all respects comport | ||||||
17 | with the requirements of Article IX of this Code,
except as | ||||||
18 | otherwise specified in this Section. The hearing shall be | ||||||
19 | no less
than 21 days from the date of service of the | ||||||
20 | notice.
| ||||||
21 | (4) The supplemental petition shall be heard as part of | ||||||
22 | the foreclosure
proceeding and without the payment of | ||||||
23 | additional filing fees. An eviction order obtained under | ||||||
24 | this Section shall name each occupant whose interest
has | ||||||
25 | been terminated, shall recite that it is only effective as | ||||||
26 | to the occupant
so named and those holding under them, and |
| |||||||
| |||||||
1 | shall be enforceable for no more
than 120 days after its | ||||||
2 | entry, except that the 120-day period may be extended to
| ||||||
3 | the extent and in the manner provided in Section 9-117 of | ||||||
4 | Article IX and except as provided in item (5) of this | ||||||
5 | subsection (h). | ||||||
6 | (5) In a case of foreclosure where the occupant is | ||||||
7 | current on his or her rent, or where timely written notice | ||||||
8 | of to whom and where the rent is to be paid has not been | ||||||
9 | provided to the occupant, or where the occupant has made | ||||||
10 | good-faith efforts to make rental payments in order to keep | ||||||
11 | current, any eviction order must allow the occupant to | ||||||
12 | retain possession of the property covered in his or her | ||||||
13 | rental agreement (i) for 120 days following the notice of | ||||||
14 | the hearing on the supplemental petition that has been | ||||||
15 | properly served upon the occupant, or (ii) through the | ||||||
16 | duration of his or her lease, whichever is shorter, | ||||||
17 | provided that if the duration of his or her lease is less | ||||||
18 | than 30 days from the date of the order, the order shall | ||||||
19 | allow the occupant to retain possession for 30 days from | ||||||
20 | the date of the order. A mortgagee in possession, receiver, | ||||||
21 | holder of a certificate of sale or deed, or purchaser at | ||||||
22 | the judicial sale, who asserts that the occupant is not | ||||||
23 | current in rent, shall file an affidavit to that effect in | ||||||
24 | the supplemental petition proceeding. If the occupant has | ||||||
25 | been given timely written notice of to whom and where the | ||||||
26 | rent is to be paid, this item (5) shall only apply if the |
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1 | occupant continues to pay his or her rent in full during | ||||||
2 | the 120-day period or has made good-faith efforts to pay | ||||||
3 | the rent in full during that period.
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4 | (6) The court records relating to a supplemental | ||||||
5 | eviction petition filed under this subsection (h) against | ||||||
6 | an occupant who is entitled to notice under item (5) of | ||||||
7 | this subsection (h), or relating to an eviction action | ||||||
8 | brought against an occupant who would have lawful | ||||||
9 | possession of the premises but for the foreclosure of a | ||||||
10 | mortgage on the property, or relating to a foreclosure | ||||||
11 | action in which a tenant or occupant has been named as a | ||||||
12 | defendant in the foreclosure action shall be ordered sealed | ||||||
13 | and shall not be disclosed to any person, other than a law | ||||||
14 | enforcement officer or any other representative of a | ||||||
15 | governmental entity, except upon further order of the | ||||||
16 | court.
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17 | (i) Termination of bona fide leases. The holder of the | ||||||
18 | certificate of sale, the holder of the deed issued pursuant to | ||||||
19 | that certificate, or, if no certificate or deed was issued, the | ||||||
20 | purchaser at the sale shall not terminate a bona fide lease of | ||||||
21 | a dwelling unit in residential real estate in foreclosure | ||||||
22 | except pursuant to Article IX of this Code. | ||||||
23 | (Source: P.A. 100-173, eff. 1-1-18 .)
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24 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
25 | Practices Act is amended by changing Section 2Z as follows:
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1 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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2 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
3 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
4 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
5 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
6 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
7 | Act, the Installment Sales Contract Act,
the Job Referral and | ||||||
8 | Job Listing Services Consumer Protection Act,
the Travel | ||||||
9 | Promotion Consumer Protection Act,
the Credit Services | ||||||
10 | Organizations Act,
the Automatic Telephone Dialers Act,
the | ||||||
11 | Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||||||
12 | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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13 | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||||||
14 | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||||||
15 | High Risk Home Loan Act, the Payday Loan Reform Act, the | ||||||
16 | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
17 | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||||||
18 | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||||||
19 | Internet Caller Identification Act, paragraph (6)
of
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20 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
21 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||||||
22 | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||||||
23 | Residential Real Property Disclosure Act, the Automatic | ||||||
24 | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||||||
25 | the Youth Mental Health Protection Act, the Personal |
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1 | Information Protection Act, subsection (b) of Section 9-122 of | ||||||
2 | the Code of Civil Procedure, or the Student Online Personal | ||||||
3 | Protection Act commits an unlawful practice within the meaning | ||||||
4 | of this Act.
| ||||||
5 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
6 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
7 | 100-863, eff. 8-14-18.)
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