Illinois General Assembly - Full Text of HB4311
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Full Text of HB4311  102nd General Assembly

HB4311 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4311

 

Introduced 1/5/2022, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/Art. IXa heading new
735 ILCS 5/9a-5 new
735 ILCS 5/9a-10 new
735 ILCS 5/9a-15 new
735 ILCS 5/9a-20 new
735 ILCS 5/9a-25 new
735 ILCS 5/9a-30 new
735 ILCS 5/9a-35 new
735 ILCS 5/9a-40 new

    Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines "unauthorized person" as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner's authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders.


LRB102 22698 HEP 31844 b

 

 

A BILL FOR

 

HB4311LRB102 22698 HEP 31844 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 1. Findings. The General Assembly finds as
5follows:
6    (1) Individuals unlawfully entering onto residential
7property, commonly known as squatters, may use sophisticated
8methods to victimize property owners, such as finding vacant
9properties through online listings and using computers and
10printers to create fraudulent leases and other fraudulent
11legal documents. Some of these individuals change the locks
12and threaten anyone who asks them to leave.
13    (2) Despite the lack of a landlord-tenant relationship,
14existing landlord-tenant law sometimes gives protections to
15these individuals that are similar to the legal protections
16given to holdover tenants and tenants who are involved in
17disputes with their landlords.
18    (3) Some of these individuals vandalize the residences
19they occupy. Property owners may have little or no legal
20recourse against these individuals for such damage because
21these individuals may lie about their identity and abscond
22when they find it convenient.
23    (4) An expedited legal process is needed to enable owners
24of residential property to remove these individuals and

 

 

HB4311- 2 -LRB102 22698 HEP 31844 b

1minimize vandalism.
 
2    Section 5. The Code of Civil Procedure is amended by
3adding Article IXa as follows:
 
4    (735 ILCS 5/Art. IXa heading new)
5
ARTICLE IXa.
6
REMOVAL OF UNAUTHORIZED PERSONS

 
7    (735 ILCS 5/9a-5 new)
8    Sec. 9a-5. Definitions. As used in this Article:
9    "Residential premises" means a dwelling unit, the
10structure of which the unit is a part, and any immediately
11surrounding property that is owned by or subject to the
12exclusive control of the same person as the dwelling unit
13itself.
14    "Unauthorized person" means a person who occupies an
15uninhabited or vacant residential premises without any current
16or prior agreement or consent of the owner or an authorized
17agent of the owner, whether written or oral, concerning the
18use of the residential premises. "Unauthorized person" does
19not include:
20        (1) a relative of the property owner or a relative of
21    an authorized agent of the property owner, including a
22    spouse, descendant, stepchild, parent, stepparent,
23    grandparent, brother, sister, uncle, or aunt, whether

 

 

HB4311- 3 -LRB102 22698 HEP 31844 b

1    related by whole or half blood or by adoption;
2        (2) a person or persons from whom the owner or an
3    authorized agent of the owner has accepted money or
4    anything of value; or
5        (3) a person who was previously given permission to
6    enter and remain on the premises.
 
7    (735 ILCS 5/9a-10 new)
8    Sec. 9a-10. Action to restore possession. The owner of
9residential premises, or the owner's authorized agent, may
10initiate the investigation of and request the removal of an
11unauthorized person or persons from the residential premises
12by filing with the circuit court a complaint and a verified
13motion for a mandatory injunction restoring possession of the
14residential property to the owner or lawful occupant. To the
15extent known or reasonably ascertainable, the verified motion
16must identify the unauthorized person or persons and include
17statements substantially as follows:
18
VERIFIED MOTION FOR ORDER TO REMOVE UNAUTHORIZED PERSONS
19    The undersigned owner, or authorized agent of the owner,
20of the residential premises located at .......... requests
21that the court hold a hearing within one court day and that the
22court enter a mandatory injunction and issue an order that the
23person or persons currently occupying the residential premises
24be removed from the premises and be ordered not to return to
25the premises. In support of the request, the undersigned owner

 

 

HB4311- 4 -LRB102 22698 HEP 31844 b

1or authorized agent hereby represents and declares under the
2penalty of perjury that (initial each box):
3    1. (.....) The declarant is the owner of the premises or
4the authorized agent of the owner of the premises.
5    2. (.....) An unauthorized person or persons have entered
6and are remaining unlawfully on the premises.
7    3. (.....) Neither the owner nor an authorized agent of
8the owner has ever given permission for the unauthorized
9person or persons to enter and remain on the premises.
10    4. (.....) Neither the owner nor an authorized agent of
11the owner has ever had a written or oral agreement with the
12unauthorized person or persons regarding the use of the
13premises.
14    5. (.....) Neither the owner nor an authorized agent of
15the owner is related to the unauthorized person or persons.
16    6. (.....) Neither the owner nor an authorized agent of
17the owner has ever accepted money or anything of value from the
18unauthorized person or persons regarding the use of the
19premises.
20    7. (.....) The declarant has demanded that the
21unauthorized person or persons vacate the premises, but they
22have not done so.
23    8. (.....) The declarant has informed the unauthorized
24person or persons that he or she is going to court to request a
25mandatory injunction restoring the owner to possession and
26shall deliver a copy of this Verified Motion for Order to

 

 

HB4311- 5 -LRB102 22698 HEP 31844 b

1Remove Unauthorized Persons to the unauthorized person or
2persons.
3    9. (.....) Additional optional explanatory comments or
4statement that the premises has been altered or damaged:
5.............................................................
 
6    (735 ILCS 5/9a-15 new)
7    Sec. 9a-15. Falsification of verified motion. A declarant
8who falsely swears on a motion filed with the court under
9Section 9a-10 may be:
10        (1) subject to sanctions by the court;
11        (2) held in contempt of court; or
12        (3) prosecuted for perjury.
 
13    (735 ILCS 5/9a-20 new)
14    Sec. 9a-20. Expedited hearing required. The court shall
15consider the complaint and motion for mandatory injunction
16under this Article and conduct a hearing on the motion as soon
17as practicable, but in no event later than the next court day
18after the filing of the motion, unless a later date is
19requested by the moving party.
 
20    (735 ILCS 5/9a-25 new)
21    Sec. 9a-25. Service of summons.
22    (a) The summons, complaint, motion, and notice required by
23subsection (c) shall be served by personal service upon the

 

 

HB4311- 6 -LRB102 22698 HEP 31844 b

1defendant, as in any civil action, by a person qualified to
2serve process, or service may be made by posting a copy of the
3summons, complaint, motion, and notice required by subsection
4(c) in some conspicuous place upon the premises.
5    (b) Personal service or service by posting must be made at
6least 24 hours before the time for appearance specified in the
7summons and notice, and the time and manner of the service must
8be endorsed upon such summons by the person making service
9thereof.
10    (c) The written notice of the date, time, and location of
11the hearing must be served with the complaint. The notice must
12be printed in black ink and have a font size of not less than
1312 and in substantially the following form:
14
NOTICE
15    On (date), (year), at (time) in Courtroom (number),
16(courthouse name), (courthouse address), the Court will hold a
17hearing on a Motion for an Order for Mandatory Injunction and
18Order to require the removal from the residential premises
19located at (residential premises address) of each unauthorized
20person identified in the motion that accompanies this notice.
21If you are identified as an unauthorized person and if you
22believe that is not true, then you must attend the hearing and
23present any evidence supporting your position. IF YOU FAIL TO
24ATTEND THE HEARING, THE COURT MAY ENTER AN ORDER INSTRUCTING
25THE SHERIFF TO REMOVE YOU FROM THE RESIDENTIAL PREMISES
26IMMEDIATELY.
 

 

 

HB4311- 7 -LRB102 22698 HEP 31844 b

1    (735 ILCS 5/9a-30 new)
2    Sec. 9a-30. Defense permitted. Any occupant of the
3residential premises who disputes that the occupant is an
4unauthorized person may appear at the hearing and must be
5permitted to provide testimony and other evidence that the
6occupant is not an unauthorized person. The court, in its
7discretion, may accept a written statement submitted to the
8court prior to the commencement of the hearing in lieu of
9personal testimony from the occupant.
 
10    (735 ILCS 5/9a-35 new)
11    Sec. 9a-35. Judgment.
12    (a) If no person identified in the motion as an
13unauthorized person appears at the hearing, and no written
14statement that the court deems sufficient is filed in
15opposition to the motion, the court may proceed to rule on the
16motion based on the contents of the motion and any additional
17testimony offered by the moving party. The court may, but need
18not, require the moving party to confirm in oral testimony the
19facts recited in the motion and may make such other inquiry of
20the owner or authorized agent as the court determines proper
21under the circumstances. After taking testimony from the
22moving party and any occupant who contests the motion or after
23considering the content of the motion or written statement,
24the court shall determine whether the occupant is an

 

 

HB4311- 8 -LRB102 22698 HEP 31844 b

1unauthorized person. If the court determines that the occupant
2is an unauthorized person, the court shall enter an order for a
3mandatory injunction and issue an order prior to adjourning
4the hearing, which order may include such additional terms or
5limitations as the court may in its discretion determine
6necessary and equitable under the circumstances. If the court
7determines that the occupant is not an unauthorized person,
8the court shall deny the motion for an order for mandatory
9injunction. If an order for mandatory injunction is denied,
10the owner is not prejudiced from thereafter commencing an
11eviction under Article IX.
12    (b) The court shall not require the appointment of an
13attorney to represent any occupant or other interested person
14as a condition of considering a motion under this Article.
15    (c) If the court enters the order for mandatory injunction
16and issues a removal order, the owner or his or her authorized
17agent may deliver the order for mandatory injunction to the
18sheriff having jurisdiction to enforce the order.
 
19    (735 ILCS 5/9a-40 new)
20    Sec. 9a-40. Execution of order.
21    (a) An order under this Article may not be stayed for any
22period in excess of 7 days by the court unless all parties
23agree to a longer period. Thereafter, the owner shall be
24entitled to re-enter the premises immediately.
25    (b) No later than 24 hours after receipt of an order for

 

 

HB4311- 9 -LRB102 22698 HEP 31844 b

1mandatory injunction, a sheriff or deputy sheriff shall:
2        (1) remove the unauthorized person or persons from the
3    residential premises, with or without arresting the person
4    or persons; and
5        (2) order the unauthorized person or persons to remain
6    off the residential premises or be subject to arrest for
7    criminal trespass.