Illinois General Assembly - Full Text of HB1532
Illinois General Assembly

Previous General Assemblies

Full Text of HB1532  98th General Assembly


Rep. Anthony DeLuca

Filed: 3/19/2013





09800HB1532ham001LRB098 02803 HEP 43464 a


2    AMENDMENT NO. ______. Amend House Bill 1532 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Section 9-120.5 as follows:
6    (735 ILCS 5/9-120.5 new)
7    Sec. 9-120.5. Offensive use of property.
8    (a) As used in this Section, "offensive use of property"
9means the repeated use of leased premises in a manner that
10disturbs the peace or is detrimental to the health and safety
11of the neighbors of the premises. To qualify as offensive use
12of property, all of the following conditions must exist:
13        (1) on 3 or more separate occasions within a 60-day
14    period, an act is committed on the property which is:
15            (A) a felony or a Class A misdemeanor;
16            (B) a violation of subsection (a)(1) of Section



09800HB1532ham001- 2 -LRB098 02803 HEP 43464 a

1        26-1 of the Criminal Code of 2012; or
2            (C) a violation of a public order regulation
3        adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the
4        Illinois Municipal Code;
5        (2) a lessee or his or her guest used the premises,
6    permitted the premises to be used, or knew or should have
7    known that the premises would be used in the commission of
8    the act; and
9        (3) on each occasion, an arrest was made or a citation
10    was issued for the commission of the act.
11    (b) If the standard for offensive use of property has been
12met, then the tenancy may be terminated and the owner, lessor,
13or agent shall be entitled to bring a forcible entry and
14detainer action under this Section.
15    (c) If an owner, lessor, or agent terminates a tenancy
16under this Section, the owner, lessor, or agent shall be
17required to deliver a 5-day notice to quit to the lessee,
18specifying the alleged acts and the date of occurrence for
20    (d) A hearing shall be held not more than 14 days after
21filing of the forcible entry and detainer action. If the court
22finds that the standard for offensive use of property has been
23met, it shall enter judgment for possession of the premises in
24favor of the plaintiff. The plaintiff shall be entitled to
25re-enter the premises immediately, or no later than within 7
26days of the entry of the judgment for possession of the



09800HB1532ham001- 3 -LRB098 02803 HEP 43464 a

1premises if the court determines such a stay is appropriate to
2preserve the peace.
3    (e) The court may stay a judgment for possession for up to
46 months, provided:
5        (1) all parties agree to the stay;
6        (2) the court determines the lessee is willing and able
7    to prevent the offensive use of the property from
8    continuing; and
9        (3) none of the qualifying acts were of a violent
10    nature.
11    The stay shall be lifted and judgment for possession shall
12be enforced if, prior to the expiration of the stay, the
13plaintiff petitions the court to terminate the stay. The
14judgment for possession shall otherwise be automatically
15vacated at the end of the period of the stay. Upon the lifting
16of the stay, the plaintiff shall be entitled to re-enter the
17premises immediately.
18    (f) The sheriff or other lawfully deputized officer shall
19execute an order under this Section within 7 days of its entry
20or within 7 days of the expiration of a stay of judgment.
21    (g) Nothing in this Section shall limit the rights of an
22owner, lessor, or agent to bring a forcible entry and detainer
23action on the basis of other applicable law.
24    (h) The governmental agencies in whose jurisdiction the
25leased premises are located shall provide the owner, lessor, or
26agent with the information reasonably necessary to



09800HB1532ham001- 4 -LRB098 02803 HEP 43464 a

1substantiate the required elements of an action filed under
2this Section. A municipality or other governmental entity may
3not require an owner, lessor, or agent to bring a forcible
4entry and detainer action under this Section or impose a
5penalty on the owner, lessor, or agent for failure to evict
6when notification is made.
7    (i) A tenant or occupant may not be the subject of a
8forcible detainer under this Section in conjunction with a
9qualifying act in which that tenant or occupant is the victim
10of domestic violence, dating violence, sexual assault, or