98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3702

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-118  from Ch. 110, par. 9-118
735 ILCS 5/9-119
735 ILCS 5/9-120

    Amends the Code of Civil Procedure. In Sections concerning the eviction of tenants for criminal activities, provides that evidence upon which a judgment for possession under this Section may be based includes, but is not limited to, police reports, photos, and affidavits of neighbors and other tenants. Provides that it is not required that a defendant be formally charged with a crime before a plaintiff may be granted relief.


LRB098 13933 HEP 48476 b

 

 

A BILL FOR

 

HB3702LRB098 13933 HEP 48476 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 Sections 9-118, 9-119, and 9-120 as follows:
 
6    (735 ILCS 5/9-118)  (from Ch. 110, par. 9-118)
7    Sec. 9-118. Emergency housing eviction proceedings.
8    (a) As used in this Section:
9    "Cannabis" has the meaning ascribed to that term in the
10Cannabis Control Act.
11    "Narcotics" and "controlled substance" have the meanings
12ascribed to those terms in the Illinois Controlled Substances
13Act.
14    (b) This Section applies only if all of the following
15conditions are met:
16        (1) The complaint seeks possession of premises that are
17    owned or managed by a housing authority established under
18    the Housing Authorities Act or privately owned and managed.
19        (2) The verified complaint alleges that there is direct
20    evidence of any of the following:
21            (A) unlawful possessing, serving, storing,
22        manufacturing, cultivating, delivering, using,
23        selling, giving away, or trafficking in cannabis,

 

 

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1        methamphetamine, narcotics, or controlled substances
2        within or upon the premises by or with the knowledge
3        and consent of, or in concert with the person or
4        persons named in the complaint; or
5            (B) the possession, use, sale, or delivery of a
6        firearm which is otherwise prohibited by State law
7        within or upon the premises by or with the knowledge
8        and consent of, or in concert with, the person or
9        persons named in the complaint; or
10            (C) murder, attempted murder, kidnapping,
11        attempted kidnapping, arson, attempted arson,
12        aggravated battery, criminal sexual assault, attempted
13        criminal sexual assault, aggravated criminal sexual
14        assault, predatory criminal sexual assault of a child,
15        or criminal sexual abuse within or upon the premises by
16        or with the knowledge and consent of, or in concert
17        with, the person or persons named in the complaint.
18        (3) Notice by verified complaint setting forth the
19    relevant facts, and a demand for possession of the type
20    specified in Section 9-104 is served on the tenant or
21    occupant of the premises at least 14 days before a hearing
22    on the complaint is held, and proof of service of the
23    complaint is submitted by the plaintiff to the court.
24    (b-5) In all actions brought under this Section 9-118, no
25predicate notice of termination or demand for possession shall
26be required to initiate an eviction action.

 

 

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1    (c) When a complaint has been filed under this Section, a
2hearing on the complaint shall be scheduled on any day after
3the expiration of 14 days following the filing of the
4complaint. The summons shall advise the defendant that a
5hearing on the complaint shall be held at the specified date
6and time, and that the defendant should be prepared to present
7any evidence on his or her behalf at that time.
8    If a plaintiff which is a public housing authority accepts
9rent from the defendant after an action is initiated under this
10Section, the acceptance of rent shall not be a cause for
11dismissal of the complaint.
12    (d) If the defendant does not appear at the hearing,
13judgment for possession of the premises in favor of the
14plaintiff shall be entered by default. If the defendant
15appears, a trial shall be held immediately as is prescribed in
16other proceedings for possession. The matter shall not be
17continued beyond 7 days from the date set for the first hearing
18on the complaint except by agreement of both the plaintiff and
19the defendant. After a trial, if the court finds, by a
20preponderance of the evidence, that the allegations in the
21complaint have been proven, the court shall enter judgment for
22possession of the premises in favor of the plaintiff and the
23court shall order that the plaintiff shall be entitled to
24re-enter the premises immediately. Evidence upon which a
25judgment for possession under this Section may be based
26includes, but is not limited to, police reports, photos, and

 

 

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1affidavits of neighbors and other tenants. It is not required
2that a defendant be formally charged with a crime before a
3plaintiff may be granted relief under this Section.
4    (d-5) If cannabis, methamphetamine, narcotics, or
5controlled substances are found or used anywhere in the
6premises, there is a rebuttable presumption either (1) that the
7cannabis, methamphetamine, narcotics, or controlled substances
8were used or possessed by a tenant or occupant or (2) that a
9tenant or occupant permitted the premises to be used for that
10use or possession, and knew or should have reasonably known
11that the substance was used or possessed.
12    (e) A judgment for possession entered under this Section
13may not be stayed for any period in excess of 7 days by the
14court. Thereafter the plaintiff shall be entitled to re-enter
15the premises immediately. The sheriff or other lawfully
16deputized officers shall give priority to service and execution
17of orders entered under this Section over other possession
18orders.
19    (f) This Section shall not be construed to prohibit the use
20or possession of cannabis, methamphetamine, narcotics, or a
21controlled substance that has been legally obtained in
22accordance with a valid prescription for the personal use of a
23lawful occupant of a dwelling unit.
24(Source: P.A. 94-556, eff. 9-11-05.)
 
25    (735 ILCS 5/9-119)

 

 

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1    Sec. 9-119. Emergency subsidized housing eviction
2proceedings.
3    (a) As used in this Section:
4    "FmHA" means the Farmers Home Administration or a local
5housing authority administering an FmHA program.
6    "HUD" means the United States Department of Housing and
7Urban Development, or the Federal Housing Administration or a
8local housing authority administering a HUD program.
9    "Section 8 contract" means a contract with HUD or FmHA
10which provides rent subsidies entered into pursuant to Section
118 of the United States Housing Act of 1937 or the Section 8
12Existing Housing Program (24 C.F.R. Part 882).
13    "Subsidized housing" means:
14        (1) any housing or unit of housing subject to a Section
15    8 contract;
16        (2) any housing or unit of housing owned, operated, or
17    managed by a housing authority established under the
18    Housing Authorities Act; or
19        (3) any housing or unit of housing financed by a loan
20    or mortgage held by the Illinois Housing Development
21    Authority, a local housing authority, or the federal
22    Department of Housing and Urban Development ("HUD") that
23    is:
24            (i) insured or held by HUD under Section 221(d)(3)
25        of the National Housing Act and assisted under Section
26        101 of the Housing and Urban Development Act of 1965 or

 

 

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1        Section 8 of the United States Housing Act of 1937;
2            (ii) insured or held by HUD and bears interest at a
3        rate determined under the proviso of Section 221(d)(3)
4        of the National Housing Act;
5            (iii) insured, assisted, or held by HUD under
6        Section 202 or 236 of the National Housing Act;
7            (iv) insured or held by HUD under Section 514 or
8        515 of the Housing Act of 1949;
9            (v) insured or held by HUD under the United States
10        Housing Act of 1937; or
11            (vi) held by HUD and formerly insured under a
12        program listed in subdivision (i), (ii), (iii), (iv),
13        or (v).
14    (b) This Section applies only if all of the following
15conditions are met:
16        (1) The verified complaint seeks possession of
17    premises that are subsidized housing as defined under this
18    Section.
19        (2) The verified complaint alleges that there is direct
20    evidence of refusal by the tenant to allow the landlord or
21    agent of the landlord or other person authorized by State
22    or federal law or regulations or local ordinance to inspect
23    the premises, provided that all of the following conditions
24    have been met:
25            (A) on 2 separate occasions within a 30 day period
26        the tenant, or another person on the premises with the

 

 

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1        consent of the tenant, refuses to allow the landlord or
2        agent of the landlord or other person authorized by
3        State or federal law or regulations or local ordinance
4        to inspect the premises;
5            (B) the landlord then sends written notice to the
6        tenant stating that (i) the tenant, or a person on the
7        premises with the consent of the tenant, failed twice
8        within a 30 day period to allow the landlord or agent
9        of the landlord or other person authorized by State or
10        federal law or regulations or local ordinance to
11        inspect the premises and (ii) the tenant must allow the
12        landlord or agent of the landlord or other person
13        authorized by State or federal law or regulations or
14        local ordinance to inspect the premises within the next
15        30 days or face emergency eviction proceedings under
16        this Section;
17            (C) the tenant subsequently fails to allow the
18        landlord or agent of the landlord or other person
19        authorized by State or federal law or regulations or
20        local ordinance to inspect the premises within 30 days
21        of receiving the notice from the landlord; and
22            (D) the tenant's written lease states that the
23        occurrence of the events described in items (A), (B),
24        and (C) may result in eviction.
25        (3) Notice, by verified complaint setting forth the
26    relevant facts, and a demand for possession of the type

 

 

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1    specified in Section 9-104 is served on the tenant or
2    occupant of the premises at least 14 days before a hearing
3    on the complaint is held, and proof of service of the
4    complaint is submitted by the plaintiff to the court.
5    (c) When a complaint has been filed under this Section, a
6hearing on the complaint shall be scheduled on any day after
7the expiration of 14 days following the filing of the
8complaint. The summons shall advise the defendant that a
9hearing on the complaint shall be held at the specified date
10and time, and that the defendant should be prepared to present
11any evidence on his or her behalf at that time.
12    (d) If the defendant does not appear at the hearing,
13judgment for possession of the premises in favor of the
14plaintiff shall be entered by default. If the defendant
15appears, a trial shall be held immediately as is prescribed in
16other proceedings for possession. The matter shall not be
17continued beyond 7 days from the date set for the first hearing
18on the complaint except by agreement of both the plaintiff and
19the defendant. After a trial, if the court finds, by a
20preponderance of the evidence, that the allegations in the
21complaint have been proven, the court shall enter judgment for
22possession of the premises in favor of the plaintiff and the
23court shall order that the plaintiff shall be entitled to
24re-enter the premises immediately. Evidence upon which a
25judgment for possession under this Section may be based
26includes, but is not limited to, police reports, photos, and

 

 

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1affidavits of neighbors and other tenants. It is not required
2that a defendant be formally charged with a crime before a
3plaintiff may be granted relief under this Section.
4    (e) A judgment for possession entered under this Section
5may not be stayed for any period in excess of 7 days by the
6court. Thereafter the plaintiff shall be entitled to re-enter
7the premises immediately. The sheriff or other lawfully
8deputized officers shall give priority to service and execution
9of orders entered under this Section over other possession
10orders.
11(Source: P.A. 89-660, eff. 1-1-97.)
 
12    (735 ILCS 5/9-120)
13    Sec. 9-120. Leased premises used in furtherance of a
14criminal offense; lease void at option of lessor or assignee.
15    (a) If any lessee or occupant, on one or more occasions,
16uses or permits the use of leased premises for the commission
17of any act that would constitute a felony or a Class A
18misdemeanor under the laws of this State, the lease or rental
19agreement shall, at the option of the lessor or the lessor's
20assignee become void, and the owner or lessor shall be entitled
21to recover possession of the leased premises as against a
22tenant holding over after the expiration of his or her term. A
23written lease shall notify the lessee that if any lessee or
24occupant, on one or more occasions, uses or permits the use of
25the leased premises for the commission of a felony or Class A

 

 

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1misdemeanor under the laws of this State, the lessor shall have
2the right to void the lease and recover the leased premises.
3Failure to include this language in a written lease or the use
4of an oral lease shall not waive or impair the rights of the
5lessor or lessor's assignee under this Section or the lease.
6This Section shall not be construed so as to diminish the
7rights of a lessor, if any, to terminate a lease for other
8reasons permitted under law or pursuant to the lease agreement.
9    (b) The owner or lessor may bring a forcible entry and
10detainer action, or, if the State's Attorney of the county in
11which the real property is located or the corporation counsel
12of the municipality in which the real property is located
13agrees, assign to that State's Attorney or corporation counsel
14the right to bring a forcible entry and detainer action on
15behalf of the owner or lessor, against the lessee and all
16occupants of the leased premises. The assignment must be in
17writing on a form prepared by the State's Attorney of the
18county in which the real property is located or the corporation
19counsel of the municipality in which the real property is
20located, as applicable. If the owner or lessor assigns the
21right to bring a forcible entry and detainer action, the
22assignment shall be limited to those rights and duties up to
23and including delivery of the order of eviction to the sheriff
24for execution. The owner or lessor shall remain liable for the
25cost of the eviction whether or not the right to bring the
26forcible entry and detainer action has been assigned.

 

 

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1    (c) A person does not forfeit any part of his or her
2security deposit due solely to an eviction under the provisions
3of this Section, except that a security deposit may be used to
4pay fees charged by the sheriff for carrying out an eviction.
5    (d) If a lessor or the lessor's assignee voids a lease or
6contract under the provisions of this Section and the tenant or
7occupant has not vacated the premises within 5 days after
8receipt of a written notice to vacate the premises, the lessor
9or lessor's assignee may seek relief under this Article IX.
10Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code,
11judgment for costs against a plaintiff seeking possession of
12the premises under this Section shall not be awarded to the
13defendant unless the action was brought by the plaintiff in bad
14faith. An action to possess premises under this Section shall
15not be deemed to be in bad faith when the plaintiff based his
16or her cause of action on information provided to him or her by
17a law enforcement agency, the State's Attorney, or the
18municipality.
19    (e) After a trial, if the court finds, by a preponderance
20of the evidence, that the allegations in the complaint have
21been proven, the court shall enter judgment for possession of
22the premises in favor of the plaintiff and the court shall
23order that the plaintiff shall be entitled to re-enter the
24premises immediately. Evidence upon which a judgment for
25possession under this Section may be based includes, but is not
26limited to, police reports, photos, and affidavits of neighbors

 

 

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1and other tenants. It is not required that a defendant be
2formally charged with a crime before a plaintiff may be granted
3relief under this Section.
4    (f) A judgment for possession of the premises entered in an
5action brought by a lessor or lessor's assignee, if the action
6was brought as a result of a lessor or lessor's assignee
7declaring a lease void pursuant to this Section, may not be
8stayed for any period in excess of 7 days by the court unless
9all parties agree to a longer period. Thereafter the plaintiff
10shall be entitled to re-enter the premises immediately. The
11sheriff or other lawfully deputized officers shall execute an
12order entered pursuant to this Section within 7 days of its
13entry, or within 7 days of the expiration of a stay of
14judgment, if one is entered.
15    (g) Nothing in this Section shall limit the rights of an
16owner or lessor to bring a forcible entry and detainer action
17on the basis of other applicable law.
18(Source: P.A. 97-236, eff. 8-2-11.)