Full Text of HB3690 96th General Assembly
HB3690sam002 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/27/2010
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09600HB3690sam002 |
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LRB096 09607 AJO 41778 a |
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| AMENDMENT TO HOUSE BILL 3690
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| AMENDMENT NO. ______. Amend House Bill 3690, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Section 9-106 as follows: | 7 |
| (735 ILCS 5/9-106) (from Ch. 110, par. 9-106) | 8 |
| Sec. 9-106. Pleadings and evidence. On complaint by the | 9 |
| party or parties
entitled to
the possession of such premises | 10 |
| being filed in the circuit court for the
county where such | 11 |
| premises are situated, stating that such party is
entitled to | 12 |
| the possession of such premises (describing the same with
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| reasonable certainty), and that the defendant (naming the | 14 |
| defendant) unlawfully
withholds the possession thereof from | 15 |
| him, her or them, the clerk of the
court shall issue a summons. | 16 |
| In counties with a population of 3,000,000 or more, the |
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| complaint shall also state the following information, to the | 2 |
| extent the party or parties entitled to the possession of such | 3 |
| premises have actual knowledge of such information: (i) the | 4 |
| name of each known occupant of the premises, along with each | 5 |
| known occupant's date of birth; (ii) if the actual date of | 6 |
| birth is unknown, whether a known occupant is known to be under | 7 |
| the age of 18 or over the age of 65; and (iii) whether a known | 8 |
| occupant has a disability, as defined by Section 10 of the | 9 |
| Disabilities Services Act of 2003, but only to the extent that | 10 |
| the occupant has self-reported the disability to the person | 11 |
| claiming such possession. The failure to comply with the | 12 |
| requirement to provide such information shall not affect the | 13 |
| validity or the legal effect of any complaint or of any order | 14 |
| or judgment entered in the action. | 15 |
| The defendant may under a general denial of the allegations | 16 |
| of the
complaint offer in evidence any matter in defense of the | 17 |
| action.
Except as otherwise provided in Section 9-120,
no
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| matters not germane to the distinctive purpose of the | 19 |
| proceeding shall
be introduced by joinder, counterclaim or | 20 |
| otherwise. However,
a claim for rent may be joined in the | 21 |
| complaint, and judgment may be entered
for the amount of rent | 22 |
| found due. | 23 |
| The changes made by this amendatory Act of the 96th General | 24 |
| Assembly do not apply to public housing programs, assisted | 25 |
| under the United States Housing Act of 1937, as amended, 42 | 26 |
| U.S.C. 1437 et seq., and its implementing regulations, |
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| including the tenant-based Housing Choice Voucher program. | 2 |
| Public housing programs include premises assisted with housing | 3 |
| choice vouchers and dwelling units in mixed-finance projects | 4 |
| that are assisted through a public housing authority's capital, | 5 |
| operating, or other funds. | 6 |
| (Source: P.A. 90-360, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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