Rep. Delia C. Ramirez
Filed: 3/12/2020
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1 | AMENDMENT TO HOUSE BILL 4911
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2 | AMENDMENT NO. ______. Amend House Bill 4911 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 9-121 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) The plaintiff shall attach an affidavit to the | ||||||
10 | complaint in an eviction action. The affidavit shall be | ||||||
11 | verified by the plaintiff and specify whether the court file | ||||||
12 | qualifies for mandatory sealing under paragraph (5), (6), (7), | ||||||
13 | or (8) of subsection (c) and whether the court file is exempt | ||||||
14 | from sealing under subsection (f). If the plaintiff identifies | ||||||
15 | the court file as not qualifying for mandatory sealing or as | ||||||
16 | exempt from sealing, the affidavit shall include a statement |
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1 | that sets forth the reasoning and basis therefor. | ||||||
2 | If the plaintiff fails to comply with this subsection, the | ||||||
3 | court shall order the sealing of the court file. | ||||||
4 | Nothing in this subsection imposes a duty upon the clerk of | ||||||
5 | the circuit court to inspect an eviction action complaint for | ||||||
6 | compliance with this subsection. Definition. As used in this | ||||||
7 | Section, "court file"
means the court file created when an | ||||||
8 | eviction
action is filed with the court. | ||||||
9 | (b) Discretionary sealing of court file. The court may , on | ||||||
10 | its own motion or that of any party,
order the sealing of that | ||||||
11 | a court file in an eviction action , regardless of the final | ||||||
12 | disposition of the action,
be placed under seal if the court | ||||||
13 | finds that : | ||||||
14 | (1) the plaintiff's
action is sufficiently without a | ||||||
15 | basis in fact or law, which
may include a lack of | ||||||
16 | jurisdiction ; | ||||||
17 | (2) the defendant has a prima facie defense to the | ||||||
18 | eviction action; | ||||||
19 | (3) the defendant is eligible for the benefits granted | ||||||
20 | to a service member under Section 9-107.10; | ||||||
21 | (4) the defendant has established the grounds required | ||||||
22 | to deny the plaintiff's motion to extend the period of | ||||||
23 | enforcement for an eviction order under Section 9-117; or | ||||||
24 | (5) grounds exist that otherwise demonstrate that the | ||||||
25 | interests of justice in sealing the court file outweigh the | ||||||
26 | interests of the public in maintaining a public record of |
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1 | the case after considering the following: | ||||||
2 | (i) whether the sealing of the court file is | ||||||
3 | disputed by the plaintiff, and if so, the adverse | ||||||
4 | effects on the plaintiff if the court file is sealed; | ||||||
5 | (ii) the adverse effects on the defendant if the | ||||||
6 | court file is accessible to the public; | ||||||
7 | (iii) any mitigating evidence concerning the basis | ||||||
8 | for or disposition of the eviction action presented by | ||||||
9 | the defendant, including whether the defendant had any | ||||||
10 | defenses to the action or whether the tenancy was | ||||||
11 | reinstated after disposition of the action; and | ||||||
12 | (iv) any evidence presented by the parties | ||||||
13 | relevant to the court in balancing the interests of | ||||||
14 | justice against the interests of the public in | ||||||
15 | accordance with this paragraph , that placing the court | ||||||
16 | file
under seal is clearly in the interests of justice, | ||||||
17 | and that
those interests are not outweighed by the | ||||||
18 | public's interest in
knowing about the record . | ||||||
19 | (c) Mandatory sealing of court file. The court shall order | ||||||
20 | the sealing of the court file in an eviction action: | ||||||
21 | (1) upon dismissal of the plaintiff's claim for | ||||||
22 | possession; | ||||||
23 | (2) upon entry of a written agreement by the parties to | ||||||
24 | seal the court file; | ||||||
25 | (3) upon motion, if the court finds that the defendant | ||||||
26 | in any eviction action maintained pursuant to Section 9-209 |
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1 | has fully satisfied the judgment for rent, or that the | ||||||
2 | financial obligation owed to the plaintiff has been | ||||||
3 | discharged or paid under Chapter 7 or 13 of Title 11 of the | ||||||
4 | United States Code; | ||||||
5 | (4) if more than 3 years have elapsed since the filing | ||||||
6 | of the eviction action, regardless of the disposition of | ||||||
7 | the action; | ||||||
8 | (5) if the eviction action is maintained under Section | ||||||
9 | 9-213 or pursuant to a predicate notice or demand for | ||||||
10 | possession under Section 9-205, 9-207, or 9-207.5; | ||||||
11 | (6) if the plaintiff seeks to evict a tenant, lessee, | ||||||
12 | or occupant as set forth in paragraph (6) of subsection (h) | ||||||
13 | of Section 15-1701; | ||||||
14 | (7) if the eviction action is maintained under | ||||||
15 | paragraph (7) of subsection (a) of Section 9-102 against a | ||||||
16 | tenant, lessee, or occupant in accordance with subsection | ||||||
17 | (a-5) of Section 9-104.2, or if the lessor or owner of the | ||||||
18 | condominium unit failed to comply with the leasing | ||||||
19 | requirements under subsection (n) of Section 18 of the | ||||||
20 | Condominium Property Act or by the declaration, bylaws, | ||||||
21 | rules, or regulations of the condominium in accordance with | ||||||
22 | subsection (c-5) of Section 9-104.2; or | ||||||
23 | (8) if the complaint or the predicate notice or demand | ||||||
24 | for possession upon which the plaintiff's action is based | ||||||
25 | does not allege, or the court does not find, that the | ||||||
26 | tenant or occupant materially breached the lease, or, if |
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1 | the property the plaintiff seeks possession of is subject | ||||||
2 | to the Condominium Property Act, any violation by the | ||||||
3 | tenant, occupant, or lessee of the covenants, rules, | ||||||
4 | regulations, or bylaws of the condominium. | ||||||
5 | (d) For all eviction actions filed after the effective date | ||||||
6 | of this amendatory Act of the 101st General Assembly in which | ||||||
7 | the court has not entered an order that exempts the court file | ||||||
8 | from sealing under subsection (f), the court shall | ||||||
9 | automatically order, on or before January 1 and July 1 of each | ||||||
10 | year, the sealing of all court files in accordance with | ||||||
11 | paragraph (4) of subsection (c). Nothing in this subsection | ||||||
12 | prevents the defendant in an eviction action filed prior to the | ||||||
13 | effective date of this amendatory Act of the 101st General | ||||||
14 | Assembly from filing a motion to seal his or her court file | ||||||
15 | pursuant to subsection (b) or (c). | ||||||
16 | (e) At the earliest upon filing the complaint and no later | ||||||
17 | than the return court date on the original summons issued with | ||||||
18 | the complaint that commenced the action, the court shall | ||||||
19 | examine the complaint, the affidavit attached pursuant to | ||||||
20 | subsection (a), all matters apparent from the papers on file in | ||||||
21 | the case, and any testimony or evidence offered by the | ||||||
22 | defendant, and make a determination whether the court file is | ||||||
23 | exempt from sealing under this Section, and if not, whether the | ||||||
24 | court file qualifies for mandatory sealing under paragraph (5), | ||||||
25 | (6), (7), or (8) of subsection (c). | ||||||
26 | The court shall enter an order that plainly states its |
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1 | determinations and its reasoning therefor. | ||||||
2 | Except as provided in subsection (f), the defendant in any | ||||||
3 | eviction action, including an action filed before the effective | ||||||
4 | date of this amendatory Act of the 101st General Assembly, may | ||||||
5 | move to seal the court file, notwithstanding any waiver of the | ||||||
6 | right to seal contained in any lease, contract, or other | ||||||
7 | agreement. | ||||||
8 | The court shall grant the defendant's motion to seal if the | ||||||
9 | plaintiff fails to timely respond to a written motion to seal | ||||||
10 | or fails to appear at the time and date set for hearing of the | ||||||
11 | motion to seal. | ||||||
12 | Upon determining that a court file qualifies for sealing | ||||||
13 | under subsection (b) or (c), the court shall enter a separate | ||||||
14 | order to seal the court file. | ||||||
15 | No finding of any issue of fact or law in connection with | ||||||
16 | the sealing of the court file is a determination of the merits | ||||||
17 | of the case or any aspect thereof. Neither the determination | ||||||
18 | made by the court under this subsection nor any evidence | ||||||
19 | offered by the parties in connection with the determination | ||||||
20 | precludes the defendant from making any motion or defense that | ||||||
21 | he or she might otherwise have made. | ||||||
22 | (f) A court file shall not be sealed under this Section if | ||||||
23 | it pertains to an eviction action: (i) that is not a | ||||||
24 | residential eviction action; or (ii) in which the property the | ||||||
25 | plaintiff seeks possession of is subject to the Condominium | ||||||
26 | Property Act and no tenant or occupant is named as a defendant |
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1 | in the action. | ||||||
2 | (g) Upon motion and order of the court, a court file sealed | ||||||
3 | under this Section may be made accessible for scholarly, | ||||||
4 | educational, journalistic, or governmental purposes only, | ||||||
5 | balancing the interests of the parties and the public in | ||||||
6 | nondisclosure with the interests of the requesting party. | ||||||
7 | Identifying information of the parties shall remain sealed | ||||||
8 | unless the court orders that release of such information is | ||||||
9 | necessary to fulfill the purpose of the request. Nothing in | ||||||
10 | this subsection shall permit the release of a sealed court file | ||||||
11 | or the information contained therein for a commercial purpose | ||||||
12 | file relating to an eviction action brought against a tenant | ||||||
13 | under Section 9-207.5 of this Code or as set forth in | ||||||
14 | subdivision (h)(6) of Section 15-1701 of this Code shall be | ||||||
15 | placed under seal .
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16 | (Source: P.A. 100-173, eff. 1-1-18 .) | ||||||
17 | (735 ILCS 5/9-122 new) | ||||||
18 | Sec. 9-122. Dissemination and use of information contained | ||||||
19 | in a sealed court file. | ||||||
20 | (a) As used in this Section: | ||||||
21 | "Consumer report" has the meaning provided in Section 603 | ||||||
22 | of the Fair Credit Reporting Act, 15 U.S.C. 1681a(d). | ||||||
23 | "Consumer reporting agency" has the meaning provided in | ||||||
24 | Section 603 of the Fair Credit Reporting Act, 15 U.S.C. | ||||||
25 | 1681a(f). |
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1 | "Dissemination" or "disseminate" means to publish, | ||||||
2 | produce, print, manufacture, copy, distribute, sell, lease, | ||||||
3 | exhibit, broadcast, display, transmit, or otherwise share | ||||||
4 | information in any format so as to make the information | ||||||
5 | accessible to others. | ||||||
6 | "Eviction record" means information in electronic or | ||||||
7 | physical form consisting of identifiable descriptions and | ||||||
8 | notations of notices, complaints, summons, motions, judgments, | ||||||
9 | or any other court document that relates to an eviction action. | ||||||
10 | (b) If a person knows or has reasonable cause to know that | ||||||
11 | the information is derived from a sealed eviction record, he or | ||||||
12 | she shall not disseminate any information contained in a sealed | ||||||
13 | eviction record. | ||||||
14 | (c) A consumer reporting agency, including a tenant | ||||||
15 | background screening service, shall not disseminate an | ||||||
16 | eviction record or information derived from an eviction record | ||||||
17 | that pertains to an eviction action in which the court has not | ||||||
18 | entered a final order or judgment in the action, or is sealed | ||||||
19 | or impounded under Section 9-121 or otherwise made confidential | ||||||
20 | by the court, or use such an action as a factor to determine | ||||||
21 | any score, evaluation, or recommendation to be included in a | ||||||
22 | consumer report pertaining to a defendant named in the action. | ||||||
23 | A consumer reporting agency may include in a consumer report | ||||||
24 | information found in a publicly available court file if: (i) | ||||||
25 | the consumer's full name, date of birth, social security | ||||||
26 | number, and both the basis and final disposition for any |
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1 | eviction action reported are included in the report; (ii) the | ||||||
2 | consumer is permitted to include a 100-word statement about any | ||||||
3 | court file included in any way in the report; and (iii) the | ||||||
4 | information is removed from the report and from the calculation | ||||||
5 | of any score or recommendation therein within 7 days of the | ||||||
6 | sealing of the court file from which it is derived. | ||||||
7 | Any violation of this subsection is an unlawful practice | ||||||
8 | under the Consumer Fraud and Deceptive Business Practices Act. | ||||||
9 | (d) Any person who violates this Section is liable to the | ||||||
10 | defendant named in the eviction action for $2,000 for each | ||||||
11 | violation or twice the actual and consequential damages | ||||||
12 | sustained, whichever is greater, and the costs of the action, | ||||||
13 | including reasonable attorney's fees. | ||||||
14 | (e) This Section does not apply to a defendant who is the | ||||||
15 | subject of the eviction record, his or her counsel, the court, | ||||||
16 | the clerk of the circuit court, or the sheriff. | ||||||
17 | (f) Any waiver of the provisions of this Section is | ||||||
18 | contrary to public policy and is void and unenforceable. | ||||||
19 | Nothing in this Section shall be deemed to waive the rights or | ||||||
20 | remedies of any consumer under any law, rule, or regulation. | ||||||
21 | (g) Nothing in this Section prohibits the dissemination of | ||||||
22 | information regarding a judgment for rent for the sole purpose | ||||||
23 | of enforcing such a judgment pursuant to Article XII. | ||||||
24 | (h) Nothing in this Section prohibits the provision of the | ||||||
25 | eviction order to a sheriff for the sole purpose of enforcement | ||||||
26 | of the order. |
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1 | (i) If any provision of this Section or its application to | ||||||
2 | any person or circumstance is held invalid, the invalidity of | ||||||
3 | that provision or application does not affect other provisions | ||||||
4 | or applications of this Section that can be given effect | ||||||
5 | without the invalid provision or application.
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6 | (735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
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7 | Sec. 15-1701. Right to possession.
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8 | (a) General. The provisions of
this Article shall govern | ||||||
9 | the right to possession of the mortgaged real
estate during | ||||||
10 | foreclosure. Possession under this Article includes physical
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11 | possession of the mortgaged real estate to the same extent to | ||||||
12 | which the
mortgagor, absent the foreclosure, would have been | ||||||
13 | entitled to physical
possession. For the purposes of Part 17, | ||||||
14 | real estate is residential real estate
only if it is | ||||||
15 | residential real estate at the time the foreclosure is | ||||||
16 | commenced.
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17 | (b) Pre-Judgment. Prior to the entry of a judgment of | ||||||
18 | foreclosure:
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19 | (1) In the case of residential real estate, the | ||||||
20 | mortgagor shall be
entitled to possession of the real | ||||||
21 | estate except if (i) the mortgagee shall
object and show | ||||||
22 | good cause, (ii) the mortgagee is so authorized by the | ||||||
23 | terms of
the mortgage or other written instrument, and | ||||||
24 | (iii) the court is satisfied that
there is a reasonable | ||||||
25 | probability that the mortgagee will prevail on a final
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1 | hearing of the cause, the court shall upon request place | ||||||
2 | the mortgagee in
possession. If the residential real estate | ||||||
3 | consists of more than one dwelling
unit, then for the | ||||||
4 | purpose of this Part residential real estate shall mean | ||||||
5 | only
that dwelling unit or units occupied by persons | ||||||
6 | described in clauses (i), (ii)
and (iii) of Section | ||||||
7 | 15-1219.
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8 | (2) In all other cases, if (i) the mortgagee is so | ||||||
9 | authorized by the
terms of the mortgage or other written | ||||||
10 | instrument, and (ii) the court is
satisfied that there is a | ||||||
11 | reasonable probability that the mortgagee will
prevail on a | ||||||
12 | final hearing of the cause, the mortgagee shall
upon | ||||||
13 | request be placed in possession of the real estate, except | ||||||
14 | that if the
mortgagor shall object and show good cause, the | ||||||
15 | court shall allow the
mortgagor to remain in possession.
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16 | (c) Judgment Through 30 Days After Sale Confirmation. After | ||||||
17 | the entry
of a judgment of foreclosure and through the 30th day | ||||||
18 | after a foreclosure
sale is confirmed:
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19 | (1) Subsection (b) of Section 15-1701 shall be | ||||||
20 | applicable, regardless of
the provisions of the mortgage or | ||||||
21 | other instrument, except that after a
sale pursuant to the | ||||||
22 | judgment the holder of the certificate of sale
(or, if | ||||||
23 | none, the purchaser at the sale) shall have the mortgagee's | ||||||
24 | right to be
placed in possession, with all rights and | ||||||
25 | duties of a mortgagee in possession
under this Article.
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26 | (2) Notwithstanding paragraph (1) of subsection (b) |
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1 | and paragraph (1) of
subsection (c) of Section 15-1701, | ||||||
2 | upon request of the mortgagee, a mortgagor
of residential | ||||||
3 | real estate shall not be allowed to remain in possession | ||||||
4 | between
the expiration of the redemption period and through | ||||||
5 | the 30th day after sale
confirmation unless (i) the | ||||||
6 | mortgagor pays to the mortgagee or such holder or
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7 | purchaser, whichever is applicable, monthly the lesser of | ||||||
8 | the interest due
under the mortgage calculated at the | ||||||
9 | mortgage rate of interest applicable as if
no default had | ||||||
10 | occurred or the fair rental value of the real estate, or | ||||||
11 | (ii)
the mortgagor otherwise shows good cause. Any amounts | ||||||
12 | paid by the mortgagor
pursuant to this subsection shall be | ||||||
13 | credited against the amounts due from the
mortgagor.
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14 | (d) After 30 Days After Sale Confirmation. The holder of
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15 | the certificate of sale or deed issued pursuant to that | ||||||
16 | certificate or, if
no certificate or deed was issued, the | ||||||
17 | purchaser, except to the extent the
holder or purchaser may | ||||||
18 | consent otherwise, shall be entitled to possession of
the | ||||||
19 | mortgaged real estate, as of the date 30 days after the order | ||||||
20 | confirming
the sale is entered, against those parties to the | ||||||
21 | foreclosure whose interests
the court has ordered terminated, | ||||||
22 | without further notice to any party, further
order of the | ||||||
23 | court, or resort to proceedings under any other statute other | ||||||
24 | than
this Article.
This right to possession shall be limited by | ||||||
25 | the provisions
governing entering and enforcing orders of | ||||||
26 | possession under subsection (g) of
Section
15-1508.
If the |
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1 | holder or purchaser determines that there are occupants
of the | ||||||
2 | mortgaged real estate who have not been made parties to the | ||||||
3 | foreclosure
and had their interests terminated therein, the | ||||||
4 | holder or purchaser may bring an eviction
proceeding under | ||||||
5 | subsection (h) of this Section, if applicable, or under Article | ||||||
6 | IX of this Code
to terminate the rights of possession of any | ||||||
7 | such occupants. The holder or
purchaser shall not be entitled | ||||||
8 | to proceed against any such occupant under
Article IX of this | ||||||
9 | Code until after 30 days after the order confirming the sale
is | ||||||
10 | entered.
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11 | (e) Termination of Leases. A lease of all or any part of | ||||||
12 | the mortgaged
real estate shall not be terminated automatically | ||||||
13 | solely by virtue of the entry
into possession by (i) a | ||||||
14 | mortgagee or receiver prior to the entry of an order
confirming | ||||||
15 | the sale, (ii) the holder of the certificate of sale, (iii) the
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16 | holder of the deed issued pursuant to that certificate, or (iv) | ||||||
17 | if no
certificate or deed was issued, the purchaser at the | ||||||
18 | sale.
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19 | (f) Other Statutes; Instruments. The provisions of this | ||||||
20 | Article
providing for possession of mortgaged real estate shall | ||||||
21 | supersede any other
inconsistent statutory provisions. In | ||||||
22 | particular, and without limitation,
whenever a receiver is | ||||||
23 | sought to be appointed in any action in which a
foreclosure is | ||||||
24 | also pending, a receiver shall be appointed only in
accordance | ||||||
25 | with this Article. Except as may be authorized by this Article,
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26 | no mortgage or other instrument may modify or supersede the |
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1 | provisions of this
Article.
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2 | (g) Certain Leases. Leases of the mortgaged real estate | ||||||
3 | entered into by
a mortgagee in possession or a receiver and | ||||||
4 | approved by the court in a
foreclosure shall be binding on all | ||||||
5 | parties, including the mortgagor after
redemption, the | ||||||
6 | purchaser at a sale pursuant to a judgment of foreclosure
and | ||||||
7 | any person acquiring an interest in the mortgaged real estate | ||||||
8 | after
entry of a judgment of foreclosure in accordance with | ||||||
9 | Sections 15-1402 and
15-1403.
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10 | (h) Proceedings Against Certain Occupants.
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11 | (1) The mortgagee-in-possession of the mortgaged real | ||||||
12 | estate under Section
15-1703, a receiver appointed under | ||||||
13 | Section 15-1704, a holder of the
certificate of sale or | ||||||
14 | deed, or the purchaser may, at any time during the
pendency | ||||||
15 | of the foreclosure and up to 90 days after the date of the | ||||||
16 | order
confirming the sale,
file a supplemental eviction | ||||||
17 | petition against a person not personally
named as a party
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18 | to the foreclosure. This subsection (h) does not apply to | ||||||
19 | any lessee with a bona fide lease of a dwelling unit in | ||||||
20 | residential real estate in foreclosure. | ||||||
21 | (2) The supplemental eviction petition shall name each | ||||||
22 | such
occupant against whom an eviction order is sought and | ||||||
23 | state the facts upon which the
claim for relief is | ||||||
24 | premised.
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25 | (3) The petitioner shall serve upon each named occupant | ||||||
26 | the petition,
a notice of hearing on the petition, and, if |
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1 | any, a copy of the certificate of
sale or deed. The | ||||||
2 | eviction proceeding, including service of the notice of the | ||||||
3 | hearing and the petition,
shall in all respects comport | ||||||
4 | with the requirements of Article IX of this Code,
except as | ||||||
5 | otherwise specified in this Section. The hearing shall be | ||||||
6 | no less
than 21 days from the date of service of the | ||||||
7 | notice.
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8 | (4) The supplemental petition shall be heard as part of | ||||||
9 | the foreclosure
proceeding and without the payment of | ||||||
10 | additional filing fees. An eviction order obtained under | ||||||
11 | this Section shall name each occupant whose interest
has | ||||||
12 | been terminated, shall recite that it is only effective as | ||||||
13 | to the occupant
so named and those holding under them, and | ||||||
14 | shall be enforceable for no more
than 120 days after its | ||||||
15 | entry, except that the 120-day period may be extended to
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16 | the extent and in the manner provided in Section 9-117 of | ||||||
17 | Article IX and except as provided in item (5) of this | ||||||
18 | subsection (h). | ||||||
19 | (5) In a case of foreclosure where the occupant is | ||||||
20 | current on his or her rent, or where timely written notice | ||||||
21 | of to whom and where the rent is to be paid has not been | ||||||
22 | provided to the occupant, or where the occupant has made | ||||||
23 | good-faith efforts to make rental payments in order to keep | ||||||
24 | current, any eviction order must allow the occupant to | ||||||
25 | retain possession of the property covered in his or her | ||||||
26 | rental agreement (i) for 120 days following the notice of |
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1 | the hearing on the supplemental petition that has been | ||||||
2 | properly served upon the occupant, or (ii) through the | ||||||
3 | duration of his or her lease, whichever is shorter, | ||||||
4 | provided that if the duration of his or her lease is less | ||||||
5 | than 30 days from the date of the order, the order shall | ||||||
6 | allow the occupant to retain possession for 30 days from | ||||||
7 | the date of the order. A mortgagee in possession, receiver, | ||||||
8 | holder of a certificate of sale or deed, or purchaser at | ||||||
9 | the judicial sale, who asserts that the occupant is not | ||||||
10 | current in rent, shall file an affidavit to that effect in | ||||||
11 | the supplemental petition proceeding. If the occupant has | ||||||
12 | been given timely written notice of to whom and where the | ||||||
13 | rent is to be paid, this item (5) shall only apply if the | ||||||
14 | occupant continues to pay his or her rent in full during | ||||||
15 | the 120-day period or has made good-faith efforts to pay | ||||||
16 | the rent in full during that period.
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17 | (6) The court records relating to a supplemental | ||||||
18 | eviction petition filed under this subsection (h) against | ||||||
19 | an occupant who is entitled to notice under item (5) of | ||||||
20 | this subsection (h), or relating to an eviction action | ||||||
21 | brought against an occupant who would have lawful | ||||||
22 | possession of the premises but for the foreclosure of a | ||||||
23 | mortgage on the property, or relating to a foreclosure | ||||||
24 | action in which a tenant or occupant is named as a | ||||||
25 | defendant in the foreclosure action, shall be ordered | ||||||
26 | sealed and shall not be disclosed to any person, other than |
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1 | a law enforcement officer or any other representative of a | ||||||
2 | governmental entity, except upon further order of the | ||||||
3 | court.
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4 | (i) Termination of bona fide leases. The holder of the | ||||||
5 | certificate of sale, the holder of the deed issued pursuant to | ||||||
6 | that certificate, or, if no certificate or deed was issued, the | ||||||
7 | purchaser at the sale shall not terminate a bona fide lease of | ||||||
8 | a dwelling unit in residential real estate in foreclosure | ||||||
9 | except pursuant to Article IX of this Code. | ||||||
10 | (Source: P.A. 100-173, eff. 1-1-18 .)
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11 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
12 | Practices Act is amended by changing Section 2Z as follows:
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13 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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14 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
15 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
16 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
17 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
18 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
19 | Act, the Installment Sales Contract Act,
the Job Referral and | ||||||
20 | Job Listing Services Consumer Protection Act,
the Travel | ||||||
21 | Promotion Consumer Protection Act,
the Credit Services | ||||||
22 | Organizations Act,
the Automatic Telephone Dialers Act,
the | ||||||
23 | Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||||||
24 | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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1 | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||||||
2 | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||||||
3 | High Risk Home Loan Act, the Payday Loan Reform Act, the | ||||||
4 | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
5 | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||||||
6 | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||||||
7 | Internet Caller Identification Act, paragraph (6)
of
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8 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
9 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||||||
10 | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||||||
11 | Residential Real Property Disclosure Act, the Automatic | ||||||
12 | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||||||
13 | the Youth Mental Health Protection Act, the Personal | ||||||
14 | Information Protection Act, subsection (c) of Section 9-122 of | ||||||
15 | the Code of Civil Procedure, or the Student Online Personal | ||||||
16 | Protection Act commits an unlawful practice within the meaning | ||||||
17 | of this Act.
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18 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
19 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
20 | 100-863, eff. 8-14-18.)".
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