Illinois General Assembly - Full Text of SB2082
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Full Text of SB2082  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Robert Peters


35 ILCS 200/22-4 new
35 ILCS 200/22-10
35 ILCS 200/22-15
735 ILCS 5/9-121
735 ILCS 5/9-205  from Ch. 110, par. 9-205
735 ILCS 5/9-207  from Ch. 110, par. 9-207
735 ILCS 5/9-207.6 new
735 ILCS 5/9-207.7 new

    Amends the Property Tax Code. Provides that a notice under the Tax Deeds and Procedures Article must contain a notice in 9 non-English languages encouraging the reader to have the notice translated because it contains important information about property taxes and may affect the person's ownership of the property. Requires a statement to be added to the notice of expiration of the period of redemption regarding limited reimbursement rights. Modifies service requirements of the notice. Amends the Code of Civil Procedure. Adds provisions regarding continuation or termination of bona fide leases in residential real estate in properties conveyed by a tax deed. Effective immediately.

LRB103 28974 HLH 55360 b





SB2082LRB103 28974 HLH 55360 b

1    AN ACT concerning revenue.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Property Tax Code is amended by changing
5Sections 22-10 and 22-15 and by adding Section 22-4 as
7    (35 ILCS 200/22-4 new)
8    Sec. 22-4. Notice languages. Notices under this Article
9must contain the following statement in Spanish, Polish,
10Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
11"This notice contains important information about your
12property taxes and may affect your ownership of property. We
13encourage you to have this notice translated in full into a
14language you understand before you make any decisions that may
15be required under this notice."
16    (35 ILCS 200/22-10)
17    Sec. 22-10. Notice of expiration of period of redemption.
18A purchaser or assignee shall not be entitled to a tax deed to
19the property sold unless, not less than 3 months nor more than
206 months prior to the expiration of the period of redemption,
21he or she gives notice of the sale and the date of expiration
22of the period of redemption to the owners, occupants, and



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1parties interested in the property, including any mortgagee of
2record, as provided below. the
3    The Notice to be given to the parties shall be in at least
410-point 10 point type in the following form completely filled
6TAX DEED NO. .................... FILED ....................
8    County of ...............................................
9    Date Premises Sold ......................................
10    Certificate No. ........................................
11    Sold for General Taxes of (year) ........................
12    Sold for Special Assessment of (Municipality)
13    and special assessment number ...........................
14    Warrant No. ................ Inst. No. .................
17Property located at .........................................
18Legal Description or Property Index No. .....................
21    This notice is to advise you that the above property has
22been sold for delinquent taxes and that the period of
23redemption from the sale will expire on .....................
25    The amount to redeem is subject to increase at 6 month
26intervals from the date of sale and may be further increased if



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1the purchaser at the tax sale or his or her assignee pays any
2subsequently accruing taxes or special assessments to redeem
3the property from subsequent forfeitures or tax sales. Check
4with the county clerk as to the exact amount you owe before
6    This notice is also to advise you that a petition has been
7filed for a tax deed which will transfer title and the right to
8possession of this property if redemption is not made on or
9before ......................................................
10    This matter is set for hearing in the Circuit Court of this
11county in ...., Illinois on .....
12    You may be present at this hearing but your right to redeem
13will already have expired at that time.
16    Redemption can be made at any time on or before .... by
17applying to the County Clerk of ...., County, Illinois at the
18Office of the County Clerk in ...., Illinois.
19    For further information contact the County Clerk
Purchaser or Assignee.
Dated (insert date).



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1    If you lose your home due to a tax sale and owned more
2equity in your home than your total overdue property taxes,
3fees, and interest, you may be able to request a payment from
4the county's Indemnity Fund.
5    You can request an Indemnity Fund payment by filing a
6petition in the court where your taxes were sold. The petition
7must be filed in your name and identify the office of the
8county treasurer as a defendant.
9    Your right to compensation is limited and defined by State
10law (35 ILCS 200/21-305). You are encouraged to talk to a
11lawyer before filing a petition.
12    In counties with 3,000,000 or more inhabitants, the notice
13shall also state the address, room number, and time at which
14the matter is set for hearing.
15    The changes to this Section made by Public Act 97-557
16apply only to matters in which a petition for tax deed is filed
17on or after July 1, 2012 (the effective date of Public Act
19    The changes to this Section made by Public Act 102-1003
20this amendatory Act of the 102nd General Assembly apply to
21matters in which a petition for tax deed is filed on or after
22May 27, 2022 (the effective date of Public Act 102-1003) this
23amendatory Act of the 102nd General Assembly. Failure of any
24party or any public official to comply with the changes made to
25this Section by Public Act 102-528 does not invalidate any tax



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1deed issued prior to May 27, 2022 (the effective date of Public
2Act 102-1003) this amendatory Act of the 102nd General
4(Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22;
5102-1003, eff. 5-27-22; revised 9-1-22.)
6    (35 ILCS 200/22-15)
7    Sec. 22-15. Service of notice.
8    (a) The purchaser or his or her assignee shall give the
9notice required by Section 22-10 by causing it to be published
10in a newspaper as set forth in Section 22-20. In addition, the
11notice shall be served by a sheriff (or if he or she is
12disqualified, by a coroner) of the county in which the
13property, or any part thereof, is located or, except in Cook
14County, by a person who is licensed or registered as a private
15detective under the Private Detective, Private Alarm, Private
16Security, Fingerprint Vendor, and Locksmith Act of 2004 upon
17owners who reside on any part of the property sold by leaving a
18copy of the notice with those owners personally and with the
19occupants as provided in subsection (b).
20    In counties of 3,000,000 or more inhabitants where a
21taxing district is a petitioner for tax deed pursuant to
22Section 21-90, in lieu of service by the sheriff or coroner the
23notice may be served by a special process server appointed by
24the circuit court as provided in this Section. The taxing
25district may move prior to filing one or more petitions for tax



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1deed for appointment of such a special process server. The
2court, upon being satisfied that the person named in the
3motion is at least 18 years of age and is capable of serving
4notice as required under this Code, shall enter an order
5appointing such person as a special process server for a
6period of one year. The appointment may be renewed for
7successive periods of one year each by motion and order, and a
8copy of the original and any subsequent order shall be filed in
9each tax deed case in which a notice is served by the appointed
10person. Delivery of the notice to and service of the notice by
11the special process server shall have the same force and
12effect as its delivery to and service by the sheriff or
14    The same form of notice shall also be served, in the manner
15set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
162-211 of the Code of Civil Procedure, upon all other owners and
17parties interested in the property, if upon diligent inquiry
18they can be found in the county, and upon the occupants of the
20    (b) No later than 21 days after issuance of an order
21directing the county clerk to issue a tax deed, the purchaser
22or the purchaser's assignee shall make a good faith effort to
23ascertain the identities and addresses of all occupants of the
24property's dwelling units and, following the conveyance of the
25tax deed, but no later than 21 days after the conveyance of the
26tax deed, notify all known occupants of the dwelling units



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1that the purchaser or the purchaser's assignee has acquired
2the property. The notice shall be in writing and shall:
3        (1) identify the occupant being served by the name
4    known to the purchaser or the purchaser's assignee;
5        (2) inform the occupant that the mortgaged real estate
6    upon which the dwelling unit is located is the subject of a
7    tax deed conveyance and that control of the property has
8    changed;
9        (3) provide the name, address, and telephone number of
10    an individual or entity who the occupants may contact with
11    concerns about the property or to request repairs of that
12    property;
13        (4) include the following statement or a statement
14    that is substantially similar: "This is NOT a notice to
15    vacate the premises. You may wish to contact a lawyer or
16    your local legal aid or housing counseling agency to
17    discuss any rights that you may have.";
18        (5) include the name of the case, the case number, and
19    the court where conveyance of the tax deed has been
20    entered; and
21        (6) provide instructions on the method of payment of
22    future rent, if applicable.
23    The written notice required for occupants shall be served
24by delivering a copy of the notice to the known occupant, by
25leaving the notice with a person who is 13 years of age or
26older and who is residing on or in possession of the premises,



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1or by sending a copy of the notice to the known occupant by
2first-class mail addressed to the occupant by the name known
3to purchaser or the purchaser's assignee.
4    If the purchaser or the purchaser's assignee ascertains
5the identity and address of an occupant of a dwelling unit of
6the property more than 21 days after the conveyance of the tax
7deed, the purchaser or the purchaser's assignee shall provide
8the notice required by paragraph (2) of this subsection within
97 days of ascertaining the identity and address of the
11    A purchaser or the purchaser's assignee may not demand,
12collect, or terminate a tenancy for nonpayment of rent that
13accrued prior to the month they issued the notice required by
14this subsection.
15    An occupant who previously paid rent for the current
16rental period to the previous owner or to another entity with
17the authority to operate, manage, and conserve the real estate
18at the time of payment shall not be held liable for that rent
19by the purchaser or purchaser's assignee, and the occupant's
20tenancy shall not be terminated for nonpayment of rent for
21that rental period.
22    Within 21 days after the conveyance of the tax deed, the
23purchaser or the purchaser's assignee shall post a written
24notice on the primary entrance of each dwelling unit subject
25to the foreclosure action. This notice shall:
26        (i) inform occupants that the dwelling unit is the



SB2082- 9 -LRB103 28974 HLH 55360 b

1    subject of a tax deed conveyance and that control of the
2    property has changed;
3        (ii) include the following language: "This is NOT a
4    notice to vacate the premises.";
5        (iii) provide the name, address, and telephone number
6    of the individual or entity that occupants may contact
7    with concerns about the property or to request repairs of
8    the property; and
9        (iv) provide instructions on the method of payment of
10    future rent, if applicable.
11    Subsection (c) of Section 9-207.7 of the Code of Civil
12Procedure is the exclusive remedy for the failure of the
13purchaser or the purchaser's assignee to provide notice to a
14known occupant under this subsection.
15    This Section shall not abrogate any right that a purchaser
16or the purchaser's assignee may have to possess the property
17and to maintain a proceeding against an occupant of a dwelling
18unit for possession.
19    If the property sold has more than 4 dwellings or other
20rental units, and has a managing agent or party who collects
21rents, that person shall be deemed the occupant and shall be
22served with notice instead of the occupants of the individual
23units. If the property has no dwellings or rental units, but
24economic or recreational activities are carried on therein,
25the person directing such activities shall be deemed the
26occupant. Holders of rights of entry and possibilities of



SB2082- 10 -LRB103 28974 HLH 55360 b

1reverter shall not be deemed parties interested in the
3    (c) When a party interested in the property is a trustee,
4notice served upon the trustee shall be deemed to have been
5served upon any beneficiary or note holder thereunder unless
6the holder of the note is disclosed of record.
7    When a judgment is a lien upon the property sold, the
8holder of the lien shall be served with notice if the name of
9the judgment debtor as shown in the transcript, certified copy
10or memorandum of judgment filed of record is identical, as to
11given name and surname, with the name of the party interested
12as it appears of record.
13    If any owner or party interested, upon diligent inquiry
14and effort, cannot be found or served with notice in the county
15as provided in this Section, and the person in actual
16occupancy and possession is tenant to, or in possession under
17the owners or the parties interested in the property, then
18service of notice upon the tenant, occupant or person in
19possession shall be deemed service upon the owners or parties
21    If any owner or party interested, upon diligent inquiry
22and effort cannot be found or served with notice in the county,
23then the person making the service shall cause a copy of the
24notice to be sent by registered or certified mail, return
25receipt requested, to that party at his or her residence, if



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1    The changes to this Section made by Public Act 95-477
2apply only to matters in which a petition for tax deed is filed
3on or after June 1, 2008 (the effective date of Public Act
5    (d) This Section does not require a purchaser or his or her
6assignee to provide the notice required by this Section to the
7prior owner of the real estate if the court issuing the tax
8deed order entered an eviction order against that party after
9proper notice to that party.
10(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
1195-876, eff. 8-21-08.)
12    Section 10. The Code of Civil Procedure is amended by
13changing Sections 9-121, 9-205, and 9-207 and by adding
14Sections 9-207.6 and 9-207.7 as follows:
15    (735 ILCS 5/9-121)
16    Sec. 9-121. Sealing of court file.
17    (a) Definition. As used in this Section, "court file"
18means the court file created when an eviction action is filed
19with the court.
20    (b) Discretionary sealing of court file. The court may
21order that a court file in an eviction action be placed under
22seal if the court finds that the plaintiff's action is
23sufficiently without a basis in fact or law, which may include
24a lack of jurisdiction, that placing the court file under seal



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1is clearly in the interests of justice, and that those
2interests are not outweighed by the public's interest in
3knowing about the record.
4    (c) Mandatory sealing of court file. The court file
5relating to an eviction action brought against a tenant under
6Section 9-207.5, Section 9-207.6, or of this Code or as set
7forth in subdivision (h)(6) of Section 15-1701 of this Code
8shall be placed under seal.
9    (d) This Section is operative on and after August 1, 2022.
10(Source: P.A. 102-5, eff. 5-17-21.)
11    (735 ILCS 5/9-205)  (from Ch. 110, par. 9-205)
12    Sec. 9-205. Notice to terminate tenancy from year to year.
13Except as provided in Section 9-206, and Section 9-207.5, and
14Section 9-207.6 of this Code Act, in all cases of tenancy from
15year to year, 60 days' notice, in writing, shall be sufficient
16to terminate the tenancy at the end of the year. The notice may
17be given at any time within 4 months preceding the last 60 days
18of the year.
19(Source: P.A. 98-514, eff. 11-19-13.)
20    (735 ILCS 5/9-207)  (from Ch. 110, par. 9-207)
21    Sec. 9-207. Notice to terminate tenancy for less than a
23    (a) Except as provided in Section 9-207.5 and Section
249-207.6 of this Code, in all cases of tenancy from week to



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1week, where the tenant holds over without special agreement,
2the landlord may terminate the tenancy by 7 days' notice, in
3writing, and may maintain an action for eviction or ejectment.
4    (b) Except as provided in Section 9-207.5 and Section
59-207.6 of this Code, in all cases of tenancy for any term less
6than one year, other than tenancy from week to week, where the
7tenant holds over without special agreement, the landlord may
8terminate the tenancy by 30 days' notice, in writing, and may
9maintain an action for eviction or ejectment.
10(Source: P.A. 100-173, eff. 1-1-18.)
11    (735 ILCS 5/9-207.6 new)
12    Sec. 9-207.6. Bona fide lease.
13    (a) As used in this Section:
14    "Bona fide lease" includes a lease of a dwelling unit in
15residential real estate in which:
16        (1) the owner or the child, spouse, or parent of the
17    owner is not the tenant;
18        (2) the lease was the result of an arms-length
19    transaction;
20        (3) the lease requires the receipt of rent that is not
21    substantially less than fair market rent for the property
22    or the rent is reduced or subsidized pursuant to a
23    federal, State, or local subsidy;
24        (4) the lease was entered into or renewed before the
25    date the tax deed of the property conveyed was executed by



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1    the county clerk; and
2        (5) the term of the lease is for one year or less.
3    "Dwelling unit" means a room or suite of rooms providing
4complete, independent living facilities for at least one
5person, including permanent provisions for sanitation,
6cooking, eating, sleeping, and other activities routinely
7associated with daily life.
8    "Residential real estate" means any real estate, except a
9single tract of agricultural real estate, consisting of more
10than 40 acres, that is improved with a single-family
11residence, residential condominium units, or a multiple
12dwelling structure containing single-family dwelling units for
13one or more families living independently of one another for
14which an action to foreclose the real estate: (1) has
15commenced and is pending; (2) was pending when the bona fide
16lease was entered into or renewed; or (3) was commenced after
17the bona fide lease was entered into or renewed.
18    (b) A written lease for a term exceeding one year that is
19entered into or renewed before the end of the redemption
20period and before the date the tax deed of the property
21conveyed was executed by the county clerk that otherwise meets
22the requirements of subsection (a) is a bona fide lease for a
23term of one year.
24    (c) An oral lease entered into at any time before the date
25the tax deed of the property conveyed was executed by the
26county clerk that otherwise meets the requirements of



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1subsection (a) is a bona fide lease for a month-to-month term,
2unless the lessee proves by a preponderance of evidence that
3the oral lease is for a longer term. An oral lease is not a
4bona fide lease if it has a term of more than one year.
5    (d) A written or oral lease entered into on or after the
6date the tax deed of the property conveyed was executed by the
7county clerk or that otherwise meets the requirements of
8subsection (a) is a bona fide lease for a month-to-month term.
9    (e) Notwithstanding paragraph (1) of the definition of
10"bona fide lease" in subsection (a), a child, spouse, or
11parent of the owner may prove by a preponderance of evidence
12that a written or oral lease that otherwise meets the
13requirements of subsection (a) is a bona fide lease.
14    (735 ILCS 5/9-207.7 new)
15    Sec. 9-207.7. Continuation or termination of bona fide
16leases in residential real estate in properties conveyed by
17tax deed.
18    (a) The purchaser or the purchaser's assignee who assumes
19control of the residential real estate under Article 22 of the
20Property Tax Code, may terminate a bona fide lease, as that
21term is described in Section 9-207.6, only (i) at the end of
22the term of the bona fide lease with no less than 90 days'
23written notice or (ii) in the case of a bona fide lease that is
24for a month-to-month or week-to-week term, with no less than
2590 days' written notice.



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1    (b) Notwithstanding the provisions of subsection (a), an
2individual who assumes control of residential a property
3through conveyance of a tax deed and who will occupy a dwelling
4unit of the residential property as his or her primary
5residence may terminate the bona fide lease for the dwelling
6unit subject to the 90-day notice requirement of subsection
8    (c) Nothing in this Section shall abrogate the rights of
9the purchaser or the purchaser's assignee who assumes control
10of the residential real estate under Article 22 of the
11Property Tax Code to terminate, pursuant to Section 9-118,
129-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of
13this Code, a bona fide lease of a dwelling unit in residential
14real estate that has been subject to a tax deed sale if the tax
15deed purchaser or his or her assignee has followed the notice
16procedures set forth in Section 22-15 of the Property Tax
18    Section 99. Effective date. This Act takes effect upon
19becoming law.