Full Text of HB1532 98th General Assembly
HB1532eng 98TH GENERAL ASSEMBLY
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by adding
Section 9-120.5 as follows:
(735 ILCS 5/9-120.5 new)
Offensive use of property.
(a) As used in this Section, "offensive use of property"
means the repeated use of leased premises in a manner that
disturbs the peace or is detrimental to the health and safety
of the neighbors of the premises. To qualify as offensive use
of property, all of the following conditions must exist:
(1) on 3 or more separate occasions within a 60-day
period, an act is committed on the property which is:
(A) a felony or a Class A misdemeanor;
(B) a violation of subsection (a)(1) of Section
26-1 of the Criminal Code of 2012; or
(C) a violation of a public order regulation
adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the
Illinois Municipal Code;
(2) a lessee or his or her guest used the premises,
permitted the premises to be used, or knew or should have
known that the premises would be used in the commission of
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the act; and
(3) on each occasion, an arrest was made or a citation
was issued for the commission of the act.
(b) If the standard for offensive use of property has been
met, then the tenancy may be terminated and the owner, lessor,
or agent shall be entitled to bring a forcible entry and
detainer action under this Section.
(c) If an owner, lessor, or agent terminates a tenancy
under this Section, the owner, lessor, or agent shall be
required to deliver a 5-day notice to quit to the lessee,
specifying the alleged acts and the date of occurrence for
each. The notice shall be substantially in the following form:
"To .........(names of tenants) and all other unknown
occupants. Because of the repeated use of
the residence you
rent at ............ (location of the premises) in a manner
that disturbs your neighbors or threatens the health and
safety of your neighbors, I have chosen to terminate your
right to remain in the property. The specific acts, which
took place in a 60-day period and resulted in an arrest
being made or a citation being issued,
................. (insert the alleged acts and the date of
occurrence for each). You are hereby notified to return
possession of your residence to me within 5 days of this
date ............ (date of delivery of notice).
Any person identified in this notice who, because of an
act listed in this notice, is a victim of domestic
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violence, dating violence, sexual assault, or stalking may
present the court documentation to defend
right to retain possession of the residence. Documentation
shall be in the form of medical,
court, or police records
documenting the violence or a statement from either an
employee of a victim service
organization or a medical
professional from whom the victim sought services.
This demand is being made pursuant to Illinois law
(Section 9-120.5 of the Code of Civil Procedure, 735 ILCS
5/9-120.5, which can be found online for
The notice shall be signed by the owner, lessor, or agent.
No other notice or demand of possession or termination of the
tenancy is necessary.
(d) A hearing shall be held not more than 14 days after
filing of the forcible entry and detainer action. If the court
finds that the standard for offensive use of property has been
met, it shall enter judgment for possession of the premises in
favor of the plaintiff. The plaintiff shall be entitled to
re-enter the premises immediately, or no later than within 7
days of the entry of the judgment for possession of the
premises if the court determines such a stay is appropriate to
preserve the peace.
(e) The court may stay a judgment for possession for up to
6 months, provided:
(1) all parties agree to the stay;
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(2) the court determines the lessee is willing and able
to prevent the offensive use of the property from
(3) none of the qualifying acts were of a violent
The stay shall be lifted and judgment for possession shall
be enforced if, prior to the expiration of the stay, the
plaintiff petitions the court to terminate the stay and the
court finds that, subsequent to the
issuance of the stay, an
act has been committed on the property which qualifies as
offensive use of property under subsection (a) of this Section.
The judgment for possession shall otherwise be automatically
vacated at the end of the period of the stay. Upon the lifting
of the stay, the plaintiff shall be entitled to re-enter the
(f) The sheriff or other lawfully deputized officer shall
execute an order under this Section within 7 days of its entry
or within 7 days of the expiration of a stay of judgment.
(g) Nothing in this Section shall limit the rights of an
owner, lessor, or agent to bring a forcible entry and detainer
action on the basis of other applicable law.
(h) The governmental agencies in whose jurisdiction the
leased premises are located shall provide the owner, lessor, or
agent with the information reasonably necessary to
substantiate the required elements of an action filed under
this Section. A municipality or other governmental entity may
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not require an owner, lessor, or agent to bring a forcible
entry and detainer action under this Section or impose a
penalty on the owner, lessor, or agent for failure to evict
when notification is made.
(i) A tenant or occupant may not be the subject of a
forcible detainer under this Section in conjunction with a
qualifying act in which that tenant or occupant is the victim
of domestic violence, dating violence, sexual assault, or