HR0628enr 95TH GENERAL ASSEMBLY

HR0628 Enrolled LRB095 12826 RLC 38257 r

HOUSE RESOLUTION 628

WHEREAS, Homelessness is a pandemic problem in this State; and

WHEREAS, The First Municipal District of the Cook County Circuit Court handles an average of 35,000 eviction cases each year; and

WHEREAS, Many of the tenants appearing in those courts lack legal representation; and

WHEREAS, Those tenants who have adequate legal representation receive more favorable judgments or settlements from the courts; and

WHEREAS, Many tenants are denied housing by prospective landlords because they have evictions on their record; and

WHEREAS, Many tenants who live in substandard housing and whose rents are subsidized by Section 8 Vouchers will be ordered to vacate their premises but will still be subject to eviction orders because the Voucher payments have been terminated; and

WHEREAS, The sealing of civil records in forcible entry and detainer cases would reduce the rate of homelessness; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created the Sealing of Records in Forcible Entry and Detainer Cases Task Force appointed as follows:

(1) 4 members appointed by the Speaker of the House of Representatives; and

(2) 4 members appointed by the Minority Leader of the House of Representatives; and be it further

RESOLVED, That the Task Force shall study the possibility of enacting legislation to seal records of:

(1) any order for possession (with no money judgment) that is not enforced after 120 days;

(2) any order that allows for an agreed or voluntary dismissal of the case with or without prejudice and any judgments that are vacated, with proper notice giving the opposing party the opportunity to object;

(3) cases in which the defendant has won or successfully defended against the action and 30 days have passed without further action on the part of either party, and eviction cases in which the defendant has to move as a result of lease termination or voluntarily agrees to surrender possession of the property after having won or successfully defended against the forcible entry and detainer action;

(4) cases in which the landlord files to evict a tenant that has a Section 8 Voucher when the subsidy has been abated due to the landlord's failure to correct the conditions or violations in the apartment, and there is a finding by the court or agreement by the parties that the tenant is not in default of his or her rental payments, or when the court has not made a determination that the tenant is in default of rental payments;

(5) cases in which the plaintiff's case has been dismissed for want of prosecution and no action has been taken by the plaintiff within 30 days to revive such action; and

(6) cases in which the defendant has paid or satisfied the judgment or reinstated the contract, and 2 years have passed since such release, satisfaction of judgment, or reinstatement; and be it further

RESOLVED, That the Task Force shall choose its chair and other officers and meet at the call of the chair; and be it further

RESOLVED, That the members of the Task Force shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated for that purpose; and be it further

RESOLVED, That the Department of Financial and Professional Regulation shall provide administrative support to the Task Force and the Task Force shall report its findings and recommendations to the House on or before December 31, 2008.