97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3316

 

Introduced 2/24/2011, by Rep. William Cunningham

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-106  from Ch. 110, par. 9-106

    Amends provisions of the Code of Civil Procedure setting forth the required contents of a forcible entry and detainer complaint. Adds language requiring a complaint filed in a county with a population of 3,000,000 or more to state, if known to the parties entitled to the possession of the premises: the name of each known occupant of the premises, along with each known occupant's date of birth and, if the actual date of birth is unknown, whether a known occupant is known to be younger than 18 years of age or 65 years of age or older; and whether a known occupant has a disability, as defined by the Disabilities Services Act of 2003, but only to the extent that the occupant has self-reported the disability to the person claiming possession. Provides that the failure to comply with the requirement to provide such information shall not affect the validity or the legal effect of any complaint or of any order or judgment entered in the action. Provides that the changes made by the amendatory Act do not apply to specified public housing programs. Effective immediately.


LRB097 07093 AJO 47191 b

 

 

A BILL FOR

 

HB3316LRB097 07093 AJO 47191 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-106 as follows:
 
6    (735 ILCS 5/9-106)  (from Ch. 110, par. 9-106)
7    Sec. 9-106. Pleadings and evidence. On complaint by the
8party or parties entitled to the possession of such premises
9being filed in the circuit court for the county where such
10premises are situated, stating that such party is entitled to
11the possession of such premises (describing the same with
12reasonable certainty), and that the defendant (naming the
13defendant) unlawfully withholds the possession thereof from
14him, her or them, the clerk of the court shall issue a summons.
15    In counties with a population of 3,000,000 or more, the
16complaint shall also state the following information, to the
17extent the party or parties entitled to the possession of such
18premises have actual knowledge of such information: (i) the
19name of each known occupant of the premises, along with each
20known occupant's date of birth; (ii) if the actual date of
21birth is unknown, whether a known occupant is known to be
22younger than 18 years of age or 65 years of age or older; and
23(iii) whether a known occupant has a disability, as defined by

 

 

HB3316- 2 -LRB097 07093 AJO 47191 b

1Section 10 of the Disabilities Services Act of 2003, but only
2to the extent that the occupant has self-reported the
3disability to the person claiming such possession. The failure
4to comply with the requirement to provide such information
5shall not affect the validity or the legal effect of any
6complaint or of any order or judgment entered in the action.
7    The defendant may under a general denial of the allegations
8of the complaint offer in evidence any matter in defense of the
9action. Except as otherwise provided in Section 9-120, no
10matters not germane to the distinctive purpose of the
11proceeding shall be introduced by joinder, counterclaim or
12otherwise. However, a claim for rent may be joined in the
13complaint, and judgment may be entered for the amount of rent
14found due.
15    The changes made by this amendatory Act of the 97th General
16Assembly do not apply to public housing programs, assisted
17under the United States Housing Act of 1937, as amended, 42
18U.S.C. 1437 et seq., and its implementing regulations,
19including the tenant-based Housing Choice Voucher program.
20Public housing programs include premises assisted with housing
21choice vouchers and dwelling units in mixed-finance projects
22that are assisted through a public housing authority's capital,
23operating, or other funds.
24(Source: P.A. 90-360, eff. 1-1-98.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.