HB3690sam002 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/27/2010

09600HB3690sam002 LRB096 09607 AJO 41778 a

AMENDMENT TO HOUSE BILL 3690

AMENDMENT NO. ______. Amend House Bill 3690, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 9-106 as follows:

(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)

Sec. 9-106. Pleadings and evidence. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons.

In counties with a population of 3,000,000 or more, the complaint shall also state the following information, to the extent the party or parties entitled to the possession of such premises have actual knowledge of such information: (i) the name of each known occupant of the premises, along with each known occupant's date of birth; (ii) if the actual date of birth is unknown, whether a known occupant is known to be under the age of 18 or over the age of 65; and (iii) whether a known occupant has a disability, as defined by Section 10 of the Disabilities Services Act of 2003, but only to the extent that the occupant has self-reported the disability to the person claiming such possession. The failure to comply with the requirement to provide such information shall not affect the validity or the legal effect of any complaint or of any order or judgment entered in the action.

The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.

The changes made by this amendatory Act of the 96th General Assembly do not apply to public housing programs, assisted under the United States Housing Act of 1937, as amended, 42 U.S.C. 1437 et seq., and its implementing regulations, including the tenant-based Housing Choice Voucher program. Public housing programs include premises assisted with housing choice vouchers and dwelling units in mixed-finance projects that are assisted through a public housing authority's capital, operating, or other funds.

(Source: P.A. 90-360, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.".