Rep. Anthony DeLuca

Filed: 4/17/2013





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2    AMENDMENT NO. ______. Amend House Bill 1532, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Code of Civil Procedure is amended by
6adding Section 9-120.5 as follows:
7    (735 ILCS 5/9-120.5 new)
8    Sec. 9-120.5. Offensive use of property.
9    (a) As used in this Section, "offensive use of property"
10means the repeated use of leased premises in a manner that is
11seriously detrimental to the health and safety of the neighbors
12of the premises. To qualify as offensive use of property, all
13of the following conditions must exist:
14        (1) during 3 or more separate and unrelated incidents
15    within a 60-day period, an act is committed on the property
16    which is:



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1            (A) a felony or a Class A misdemeanor; or
2            (B) a violation of subsection (a)(1) of Section
3        26-1 of the Criminal Code of 2012.
4        (2) for each incident, a lessee used or permitted the
5    premises to be used in the commission of the acts; and
6        (3) for each incident, a criminal charge for the
7    commission of the act resulted.
8    (b) If the standard for offensive use of property has been
9met, then the tenancy may be terminated and the lessor shall be
10entitled to bring a forcible entry and detainer action under
11this Section.
12    (c) If a lessor terminates a tenancy under this Section,
13the lessor shall be required to serve a 5-day notice to quit to
14the lessee, specifying the alleged acts and the date of
15occurrence for each. The notice shall be substantially in the
16following form:
17        "To .........(names of tenants) and all other unknown
18    occupants. Because of the repeated use of the residence you
19    rent at ............ (location of the premises) in a manner
20    that is seriously detrimental to the health and safety of
21    your neighbors, I have chosen to terminate your right to
22    remain in the property. The specific acts, which took place
23    in a 60-day period and resulted in a criminal charge, are:
24    ................. (insert the alleged acts and the date of
25    occurrence for each). You are hereby notified to return
26    possession of your residence to me within 5 days of this



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1    date ............ (date of delivery of notice).
2        If a person identified in this notice is a victim of
3    domestic violence, dating violence, sexual violence, or
4    stalking, that person cannot be evicted except based on his
5    or her own conduct that is unrelated to the violence
6    against the person. Acts of domestic violence, dating
7    violence, sexual violence, or stalking cannot be the basis
8    for an eviction unless the person being evicted is the
9    person who committed those acts. Other criminal activity
10    related to acts of domestic violence, dating violence,
11    sexual violence, or stalking also cannot be the basis for
12    an eviction unless the person being evicted is the person
13    who committed the criminal activity.
14        You may wish to contact a lawyer or your local legal
15    aid agency to discuss any rights that you may have. This
16    demand is being made pursuant to Illinois law (Section
17    9-120.5 of the Code of Civil Procedure, 735 ILCS 5/9-120.5,
18    which can be found online for further information).".
19    The notice shall be signed by the lessor. No other notice
20or demand of possession or termination of the tenancy is
22    (d) After a trial, if the court finds by a preponderance of
23the evidence that the allegations of the complaint have been
24proven and the standard for offensive use of property has been
25met, it shall enter judgment for possession of the premises in
26favor of the plaintiff.



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1    (e) The court may stay a judgment for possession, subject
2to Section 9-117 of this Code. The stay may be lifted and
3judgment for possession may be enforced if, prior to the
4expiration of the stay, the plaintiff petitions the court to
5terminate the stay and the court finds that, subsequent to the
6issuance of the stay, an act has been committed on the property
7which qualifies as offensive use of property under subsection
8(a) of this Section. The judgment for possession shall
9otherwise be automatically vacated at the end of the period of
10the stay.
11    (f) The sheriff or other lawfully deputized officer shall
12execute an order under this Section within 7 days of its entry
13or within 7 days of the expiration of a stay of judgment.
14    (g) Nothing in this Section shall limit the rights of a
15lessor to bring a forcible entry and detainer action on the
16basis of, and pursuant to, other applicable law.
17    (h) The governmental agencies in whose jurisdiction the
18leased premises are located shall provide the lessor with the
19information reasonably necessary to substantiate the required
20elements of an action filed under this Section. A municipality
21or other governmental entity may not require a lessor to bring
22a forcible entry and detainer action under this Section or
23impose a penalty on the lessor for failure to evict when
24notification is made.".