98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5502

 

Introduced , by Rep. Monique D. Davis

 

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

    Amends the Code of Civil Procedure. Provides that a landlord may evict a tenant under the Section concerning emergency housing eviction proceedings if the tenant has failed to make any payment of rent in over 90 days.


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A BILL FOR

 

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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 9-118 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; or
18        .
19            (D) failure of the tenant to make any payment of
20        rent in over 90 days.
21        (3) Notice by verified complaint setting forth the
22    relevant facts, and a demand for possession of the type
23    specified in Section 9-104 is served on the tenant or
24    occupant of the premises at least 14 days before a hearing
25    on the complaint is held, and proof of service of the
26    complaint is submitted by the plaintiff to the court.

 

 

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1    (b-5) In all actions brought under this Section 9-118, no
2predicate notice of termination or demand for possession shall
3be required to initiate an eviction action.
4    (c) When a complaint has been filed under this Section, a
5hearing on the complaint shall be scheduled on any day after
6the expiration of 14 days following the filing of the
7complaint. The summons shall advise the defendant that a
8hearing on the complaint shall be held at the specified date
9and time, and that the defendant should be prepared to present
10any evidence on his or her behalf at that time.
11    If a plaintiff which is a public housing authority accepts
12rent from the defendant after an action is initiated under this
13Section, the acceptance of rent shall not be a cause for
14dismissal of the complaint.
15    (d) If the defendant does not appear at the hearing,
16judgment for possession of the premises in favor of the
17plaintiff shall be entered by default. If the defendant
18appears, a trial shall be held immediately as is prescribed in
19other proceedings for possession. The matter shall not be
20continued beyond 7 days from the date set for the first hearing
21on the complaint except by agreement of both the plaintiff and
22the defendant. After a trial, if the court finds, by a
23preponderance of the evidence, that the allegations in the
24complaint have been proven, the court shall enter judgment for
25possession of the premises in favor of the plaintiff and the
26court shall order that the plaintiff shall be entitled to

 

 

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