Illinois General Assembly - Full Text of HB0028
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Full Text of HB0028  101st General Assembly

HB0028 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0028

 

Introduced 1/9/2019, by Rep. André Thapedi

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 50/4  from Ch. 67 1/2, par. 854

    Amends the Abandoned Housing Rehabilitation Act. Permits any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that files a petition for temporary possession of property to also request a court order waiving or extinguishing any county property tax lien or unpaid property taxes existing on the property if the property has been vacant for at least 3 years. Requires the petitioner to provide notice of any order waiving or extinguishing the tax lien or unpaid property taxes to the office of the county collector or county treasurer of the county in which the property is located. Requires any petition to waive or extinguish a tax lien or unpaid property taxes to be filed by the petitioner within 90 days of commencing the action, unless such time is extended by the court for good cause. Provides that a hearing on the organization's petition need not occur immediately, but must be held prior to the closure of the case and that the order waiving or extinguishing the tax lien or unpaid property taxes shall only exist for the benefit of the organization that files a petition, and shall not inure to, pass to, or benefit any other party in interest of the property.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0028LRB101 02994 KTG 48002 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abandoned Housing Rehabilitation Act is
5amended by changing Section 4 as follows:
 
6    (310 ILCS 50/4)  (from Ch. 67 1/2, par. 854)
7    Sec. 4. The proceeding shall be commenced by filing a
8verified petition in the circuit court in the county in which
9the property is located. The petition shall allege the
10conditions specified in Section 3. All parties in interest of
11the property shall be named as defendants in the petition and
12summons shall be issued and service had as in other civil cases
13pursuant to Section 2-206 of the Code of Civil Procedure.
14    Any defendant may file as part of his answer, as an
15affirmative defense, a plan for the rehabilitation of the
16property. The court shall grant that defendant 90 days to bring
17the property into compliance with applicable fire, housing and
18building codes. The court may, for good cause shown, extend the
1990-day compliance period. If the property is brought into such
20compliance within the 90-day period or extension of time
21thereof, the petition shall be dismissed. If the defendant
22fails to bring the property into such compliance within the
2390-day period or extension of time thereof, or if the

 

 

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1defendant's plan is otherwise insufficient, the defendant's
2affirmative defense shall be stricken.
3    At the hearing on the organization's petition, the
4organization shall submit to the court a plan for the
5rehabilitation of the property and present evidence that the
6organization has adequate resources to rehabilitate and
7thereafter manage the property. For the purpose of developing
8such a plan, representatives of the organization may be
9permitted entry onto the property by the court at such times
10and on such terms as the court may deem appropriate.
11    Any organization exempt from taxation under Section
12501(c)(3) of the Internal Revenue Code that files a petition
13for temporary possession of property in accordance with this
14Act may, as part of that petition, request that the court waive
15or extinguish any county property tax lien or unpaid property
16taxes existing on the property if the property has been vacant
17for at least 3 years. The organization must send notice of any
18order waiving or extinguishing the tax lien or unpaid property
19taxes to the office of the county collector or county treasurer
20of the county in which the property is located. The order shall
21specifically direct the county collector or county treasurer to
22waive or extinguish any tax lien or unpaid property taxes
23existing on the property prior to entry of the order. Any
24petition to waive or extinguish a tax lien or unpaid property
25taxes under this Section must be filed by the petitioner within
2690 days of commencing the action, unless such time is extended

 

 

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1by the court for good cause. A hearing on the organization's
2petition need not occur immediately, but must be held prior to
3the closure of the case. The order waiving or extinguishing the
4tax lien or unpaid property taxes shall only exist for the
5benefit of the organization that files a petition in accordance
6with this Section, and shall not inure to, pass to, or benefit
7any other party in interest of the property.
8(Source: P.A. 85-862.)