Full Text of HB1532 98th General Assembly
HB1532ham003 98TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 4/17/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1532
| 2 | | AMENDMENT NO. ______. Amend House Bill 1532, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Code of Civil Procedure is amended by | 6 | | adding Section 9-120.5 as follows: | 7 | | (735 ILCS 5/9-120.5 new) | 8 | | Sec. 9-120.5. Offensive use of property. | 9 | | (a) As used in this Section, "offensive use of property" | 10 | | means the repeated use of leased premises in a manner that is | 11 | | seriously detrimental to the health and safety of the neighbors | 12 | | of the premises. To qualify as offensive use of property, all | 13 | | of the following conditions must exist: | 14 | | (1) during 3 or more separate and unrelated incidents | 15 | | within a 60-day period, an act is committed on the property | 16 | | which is: |
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| 1 | | (A) a felony or a Class A misdemeanor; or | 2 | | (B) a violation of subsection (a)(1) of Section | 3 | | 26-1 of the Criminal Code of 2012. | 4 | | (2) for each incident, a lessee used or permitted the | 5 | | premises to be used in the commission of the acts; and | 6 | | (3) for each incident, a criminal charge for the | 7 | | commission of the act resulted. | 8 | | (b) If the standard for offensive use of property has been | 9 | | met, then the tenancy may be terminated and the lessor shall be | 10 | | entitled to bring a forcible entry and detainer action under | 11 | | this Section. | 12 | | (c) If a lessor terminates a tenancy under this Section, | 13 | | the lessor shall be required to serve a 5-day notice to quit to | 14 | | the lessee, specifying the alleged acts and the date of | 15 | | occurrence for each. The notice shall be substantially in the | 16 | | following form: | 17 | | "To .........(names of tenants) and all other unknown | 18 | | occupants. Because of the repeated use of
the residence you | 19 | | rent at ............ (location of the premises) in a manner | 20 | | that is seriously detrimental to the health and safety of | 21 | | your neighbors, I have chosen to terminate your right to | 22 | | remain in the property. The specific acts, which took place | 23 | | in a 60-day period and resulted in a criminal charge,
are: | 24 | | ................. (insert the alleged acts and the date of | 25 | | occurrence for each). You are hereby notified to return
| 26 | | possession of your residence to me within 5 days of this |
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| 1 | | date ............ (date of delivery of notice). | 2 | | If a person identified in this notice is a victim of | 3 | | domestic
violence, dating violence, sexual violence, or | 4 | | stalking, that person cannot be evicted except based on his | 5 | | or her own conduct that is unrelated to the violence | 6 | | against the person. Acts of domestic violence, dating | 7 | | violence, sexual violence, or stalking cannot be the basis | 8 | | for an eviction unless the person being evicted is the | 9 | | person who committed those acts. Other criminal activity | 10 | | related to acts of domestic violence, dating violence, | 11 | | sexual violence, or stalking also cannot be the basis for | 12 | | an eviction unless the person being evicted is the person | 13 | | who committed the criminal activity. | 14 | | You may wish to contact a lawyer or your local legal | 15 | | aid agency to discuss any rights that you may have. This | 16 | | demand is being made pursuant to Illinois law (Section | 17 | | 9-120.5 of the Code of Civil Procedure, 735 ILCS 5/9-120.5, | 18 | | which can be found online for further information).". | 19 | | The notice shall be signed by the lessor. No other notice | 20 | | or demand of possession or termination of the tenancy is | 21 | | necessary. | 22 | | (d) After a trial, if the court finds by a preponderance of | 23 | | the evidence that the allegations of the complaint have been | 24 | | proven and the standard for offensive use of property has been | 25 | | met, it shall enter judgment for possession of the premises in | 26 | | favor of the plaintiff. |
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| 1 | | (e) The court may stay a judgment for possession, subject | 2 | | to Section 9-117 of this Code. The stay may be lifted and | 3 | | judgment for possession may be enforced if, prior to the | 4 | | expiration of the stay, the plaintiff petitions the court to | 5 | | terminate the stay and the court finds that, subsequent to the
| 6 | | issuance of the stay, an act has been committed on the property | 7 | | which qualifies as offensive use of property under subsection | 8 | | (a) of this Section. The judgment for possession shall | 9 | | otherwise be automatically vacated at the end of the period of | 10 | | the stay. | 11 | | (f) The sheriff or other lawfully deputized officer shall | 12 | | execute an order under this Section within 7 days of its entry | 13 | | or within 7 days of the expiration of a stay of judgment. | 14 | | (g) Nothing in this Section shall limit the rights of a | 15 | | lessor to bring a forcible entry and detainer action on the | 16 | | basis of, and pursuant to, other applicable law. | 17 | | (h) The governmental agencies in whose jurisdiction the | 18 | | leased premises are located shall provide the lessor with the | 19 | | information reasonably necessary to substantiate the required | 20 | | elements of an action filed under this Section. A municipality | 21 | | or other governmental entity may not require a lessor to bring | 22 | | a forcible entry and detainer action under this Section or | 23 | | impose a penalty on the lessor for failure to evict when | 24 | | notification is made. ".
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