Full Text of HB1209 97th General Assembly
HB1209 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1209 Introduced 02/08/11, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-110 | from Ch. 110, par. 9-110 |
| Amends the Code of Civil Procedure. Provides that if an action is brought for possession of the residential premises of a tenant and the court finds that the tenant is more than 90 days in arrears on his or her rent, the court may order a stay of the enforcement of the judgment for no more than 10 days, or if the court finds that there is good cause for a longer stay, then the court may grant a stay in excess of 10 days, but in that event the court shall require that the tenant pay a pro rata amount of rent under terms established in the stay order.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-110 as follows:
| 6 | | (735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
| 7 | | Sec. 9-110. Judgment for whole premises - Stay of | 8 | | enforcement. If
it appears on the trial that the plaintiff is | 9 | | entitled
to the possession of the whole of the premises | 10 | | claimed, judgment for the
possession thereof and for costs | 11 | | shall be entered in favor of the plaintiff.
However, if the | 12 | | action is brought for possession of residential premises of a | 13 | | tenant and the court finds that the defendant tenant is more | 14 | | than 90 days in arrears on his or her rent, the court, by | 15 | | order, may stay the enforcement of the judgment for a period | 16 | | not to exceed 10 days from the date of the judgment, or if the | 17 | | court finds that there is good cause for a longer stay, then | 18 | | the court may stay the enforcement of the judgment for a period | 19 | | in excess of 10 days, but in that event the court shall | 20 | | condition the stay of the judgment on the defendant tenant | 21 | | paying a pro rata amount of rent under terms established in the | 22 | | stay order. However, if the action is brought under Article IX | 23 | | of this Code and is
based upon a breach of a contract entered |
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| 1 | | into
on or after July 1, 1962 for the purchase of such | 2 | | premises, the court,
by order, may stay the enforcement of the | 3 | | judgment for a period
not to exceed 60 days from the date of | 4 | | the judgment, or if the court
finds that the amount unpaid on | 5 | | the contract is less than 75% of the
original purchase price, | 6 | | then the court shall stay the enforcement of the
judgment for a | 7 | | period of 180 days from the date of the judgment. The court
may | 8 | | order a stay of less than 180 days (but in no event less than 60
| 9 | | days) if it is shown that the plaintiff, prior to the filing of | 10 | | the action
under Article IX of this Act, granted the defendant | 11 | | previous extensions of
time to pay the amounts due under the | 12 | | contract, or for other good cause
shown. If during such period | 13 | | of stay the defendant pays the entire amount
then due and | 14 | | payable under the terms of the contract other than such
portion | 15 | | of the principal balance due under the contract as would not be
| 16 | | due had no default occurred and costs and, if the contract | 17 | | provides
therefor, reasonable attorney's fees as fixed by the | 18 | | court, and cures
all other defaults then existing, the contract | 19 | | shall remain in force the
same as if no default had occurred. | 20 | | The relief granted to a defendant
by this Section shall not be | 21 | | exhausted by a single use thereof but shall
not be again | 22 | | available with respect to the same contract for a period of
5 | 23 | | years from the date of such judgment. Whenever defendant cures | 24 | | the
default under the contract pursuant to this Section, the | 25 | | defendant may within
the period of stay file a motion to vacate | 26 | | the judgment in the court in
which the judgment was entered, |
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| 1 | | and, if the court, upon the hearing of
such motion, is | 2 | | satisfied that such default has been cured, such
judgment shall | 3 | | be vacated. Unless defendant files such motion to vacate
in the | 4 | | court or the judgment is otherwise stayed, enforcement of the | 5 | | judgment
may proceed
immediately upon the expiration of such | 6 | | period of stay and all rights of the
defendant in and to the | 7 | | premises and in and to the real estate described
in the | 8 | | contract are terminated.
| 9 | | Nothing herein contained shall be construed as affecting | 10 | | the right of
a seller of such premises to any lawful remedy or | 11 | | relief other than that
provided by Part 1 of Article IX of this | 12 | | Act.
| 13 | | (Source: P.A. 85-907.)
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