Full Text of HB2299 101st General Assembly
HB2299ham001 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 3/7/2019
| | 10100HB2299ham001 | | LRB101 05494 LNS 56798 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2299
| 2 | | AMENDMENT NO. ______. Amend House Bill 2299 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 9-121 and 15-1701 and by adding Section 9-122 | 6 | | as follows: | 7 | | (735 ILCS 5/9-121) | 8 | | Sec. 9-121. Sealing of court file. | 9 | | (a) Definition. As used in this Section : , | 10 | | "Consumer report" has the meaning provided in Section 603 | 11 | | of the Fair Credit Reporting Act, 15 U.S.C. 1681a(d). | 12 | | "Consumer reporting agency" has the meaning provided in | 13 | | Section 603 of the Fair Credit Reporting Act, 15 U.S.C. | 14 | | 1681a(f). | 15 | | " Court court file"
means the court file created when an | 16 | | eviction
action is filed with the court , any document filed in |
| | | 10100HB2299ham001 | - 2 - | LRB101 05494 LNS 56798 a |
|
| 1 | | the eviction action, and any document or other information, | 2 | | inscribed on a tangible medium or stored in an electronic or | 3 | | other medium, associated with the eviction action or court | 4 | | record . | 5 | | "Dissemination" or "disseminate" means to publish, | 6 | | produce, print, manufacture, copy, distribute, sell, lease, | 7 | | exhibit, broadcast, display, transmit, or otherwise share | 8 | | information in any format so as to make the information | 9 | | accessible to others. | 10 | | "Foreclosure-related eviction" means an eviction action | 11 | | brought against a tenant under Section 9-207.5; as set forth in | 12 | | paragraph (6) of subsection (h) of Section 15-1701; or in which | 13 | | a bona fide tenant is named in the foreclosure action as a | 14 | | permissible party under Section 15-1501. | 15 | | "For-cause eviction" means an eviction action in which the | 16 | | court finds that a tenant or occupant has materially breached | 17 | | the lease; or an eviction action brought against a tenant or an | 18 | | occupant as set forth in paragraph (7) of subsection (a) of | 19 | | Section 9-102 in which the court finds that a tenant or | 20 | | occupant materially violated the lease or covenants, rules, | 21 | | regulations, or bylaws of the condominium. | 22 | | "Not-for-cause eviction" means an eviction action in which | 23 | | the court does not find that a tenant or occupant has | 24 | | materially breached the lease; or an eviction action brought | 25 | | against a tenant or an occupant as set forth in paragraph (7) | 26 | | of subsection (a) of Section 9-102 in which the court does not |
| | | 10100HB2299ham001 | - 3 - | LRB101 05494 LNS 56798 a |
|
| 1 | | find that the tenant or occupant materially violated the lease | 2 | | or covenants, rules, regulations, or bylaws of the condominium. | 3 | | "Not-for-cause eviction" includes an eviction action brought | 4 | | against a tenant or occupant on the basis that a tenant or | 5 | | occupant remains in the property after the termination of the | 6 | | lease or tenancy by its own limitation, condition, or terms, or | 7 | | by notice to quit or otherwise. | 8 | | "Seal" or "sealing" means to make the court file | 9 | | unavailable to the public without a court order, but to | 10 | | physically and electronically maintain the records, unless the | 11 | | records would otherwise be destroyed due to age. | 12 | | (a-5) A complaint for an eviction action shall include the | 13 | | following information: | 14 | | (1) whether the tenancy is residential or commercial; | 15 | | (2) the type of notice or demand that was given to | 16 | | defendant, if any; | 17 | | (3) a statement alleging the basis for the eviction | 18 | | action, including whether a plaintiff alleges the eviction | 19 | | action is a for-cause eviction or not-for-cause eviction; | 20 | | (4) a statement alleging whether the eviction action is | 21 | | a foreclosure-related eviction; and | 22 | | (5) whether the property the plaintiff seeks | 23 | | possession of is a condominium unit, and if so, whether | 24 | | each defendant named in the action is an owner, tenant, or | 25 | | occupant of the unit. | 26 | | Nothing in this subsection imposes any duty upon the clerk |
| | | 10100HB2299ham001 | - 4 - | LRB101 05494 LNS 56798 a |
|
| 1 | | of the circuit court to inspect a complaint for an eviction | 2 | | action for compliance with this subsection. | 3 | | (a-10) Upon entry of an eviction order against a defendant, | 4 | | or when a court is required to consider whether a court file is | 5 | | qualified for sealing under subsection (b) or (c) in accordance | 6 | | with subsection (e), the court shall make the following | 7 | | findings: | 8 | | (1) whether the eviction action is a | 9 | | foreclosure-related eviction; | 10 | | (2) whether the eviction action is a for-cause eviction | 11 | | or a not-for-cause eviction; | 12 | | (3) whether the eviction action relates to a commercial | 13 | | tenancy and not a residential tenancy; and | 14 | | (4) whether the property is a condominium, and if so, | 15 | | whether the tenant or occupant was evicted for cause. | 16 | | (a-15) A court file shall not be sealed under this Section | 17 | | if it pertains to an eviction action in which: (1) the tenancy | 18 | | is commercial, and not residential; or (2) the property that | 19 | | the plaintiff seeks possession of is a condominium unit and no | 20 | | tenants or occupants are named as defendants in the action. | 21 | | (b) Discretionary sealing of court file. The court may
| 22 | | order that a court file in an eviction action
be placed under | 23 | | seal , regardless of the final disposition of the action, if the | 24 | | interests of justice in sealing the court file outweigh the | 25 | | interests of the public in maintaining a public record of the | 26 | | case, including, but not limited to, under the following |
| | | 10100HB2299ham001 | - 5 - | LRB101 05494 LNS 56798 a |
|
| 1 | | circumstances: if | 2 | | (1) the court finds that the plaintiff's
action is | 3 | | sufficiently without a basis in fact or law, which
may | 4 | | include a lack of jurisdiction ; | 5 | | (2) the judgment in favor of the plaintiff is for an | 6 | | amount of $1,000 or less; | 7 | | (3) the court finds that there is a prima facie defense | 8 | | to the eviction action; | 9 | | (4) the parties enter into a settlement agreement, | 10 | | including an agreed entry of judgment, that does not result | 11 | | in the plaintiff recovering possession; or | 12 | | (5) the court determines that there are other grounds | 13 | | justifying the sealing of the court file , that placing the | 14 | | court file
under seal is clearly in the interests of | 15 | | justice, and that
those interests are not outweighed by the | 16 | | public's interest in
knowing about the record . | 17 | | (b-5) In determining a motion or petition to seal pursuant | 18 | | to subsection (b), the court may consider the following: | 19 | | (1) the disposition of the eviction action relating to | 20 | | the court file; | 21 | | (2) whether the sealing of the court file is disputed | 22 | | by the plaintiff, and if so, the adverse effects on the | 23 | | plaintiff if the case file is sealed; | 24 | | (3) the amount of time between the filing of the | 25 | | eviction action and the filing of the motion or petition to | 26 | | seal the court file; |
| | | 10100HB2299ham001 | - 6 - | LRB101 05494 LNS 56798 a |
|
| 1 | | (4) the specific adverse consequences to the defendant | 2 | | if the court file remains a public record; | 3 | | (5) whether there are any extenuating circumstances | 4 | | that may have led to the plaintiff bringing an eviction | 5 | | action against the tenant or occupant, including whether | 6 | | the tenant or occupant has any defenses to the action; and | 7 | | (6) any other factor the court deems useful in | 8 | | balancing the interests of justice against the interests of | 9 | | the public in accordance with subsection (b). | 10 | | (c) Mandatory sealing of court file. The court file | 11 | | relating to an eviction action brought against a tenant under | 12 | | Section 9-207.5 of this Code or as set forth in subdivision | 13 | | (h)(6) of Section 15-1701 of this Code shall be placed under | 14 | | seal : | 15 | | (1) in a foreclosure-related eviction action; | 16 | | (2) in a not-for-cause eviction; | 17 | | (3) if the parties to the eviction action so agree; and | 18 | | (4) in an action not resulting in an eviction order | 19 | | entered in favor of the plaintiff .
| 20 | | (d) Except as provided in subsection (a-10), any tenant or | 21 | | occupant named as a defendant in an eviction action may file a | 22 | | motion or petition to seal the court file of the eviction | 23 | | action, including an action filed before the effective date of | 24 | | this amendatory Act of the 101st General Assembly. | 25 | | (e) Court files shall be sealed as follows: | 26 | | (1) Court files identified as qualifying for mandatory |
| | | 10100HB2299ham001 | - 7 - | LRB101 05494 LNS 56798 a |
|
| 1 | | sealing under paragraph (1) or (2) of subsection (c) shall | 2 | | be sealed by court order as soon as it is apparent to the | 3 | | court that an action qualifies for mandatory sealing. The | 4 | | court shall examine the plaintiff's complaint and any other | 5 | | relevant information proffered by the parties, make | 6 | | findings in accordance with subsection (a-10), and order | 7 | | the court file sealed at the earliest upon filing and no | 8 | | later than the return date on the original pleading filed | 9 | | by the plaintiff. | 10 | | Nothing in this subsection imposes a duty upon the | 11 | | clerk of the circuit court to inspect a complaint for an | 12 | | eviction action to ensure compliance with this subsection. | 13 | | (2) Court files identified as qualifying for mandatory | 14 | | sealing under paragraph (3) of subsection (c) shall be | 15 | | sealed by court order as soon as the parties' agreement to | 16 | | seal is entered by the court. | 17 | | (3) Except as provided in this paragraph, court files | 18 | | identified as qualifying for mandatory sealing under | 19 | | paragraph (4) of subsection (c) shall be sealed by court | 20 | | order no later than entry of the final disposition of the | 21 | | action. The court shall seal the court file of an eviction | 22 | | action in which there is not a final disposition and no | 23 | | appeal is pending and there has been no action of record | 24 | | for over 6 months without another court date scheduled. | 25 | | (4) All other court files, including, but not limited | 26 | | to, those pertaining to eviction actions filed before the |
| | | 10100HB2299ham001 | - 8 - | LRB101 05494 LNS 56798 a |
|
| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly and those pertaining to eviction actions that | 3 | | qualify for mandatory sealing under subsection (c) but were | 4 | | misidentified as not qualifying for mandatory sealing, | 5 | | shall be sealed, upon motion or petition, if the court | 6 | | finds that the court file qualifies for mandatory sealing | 7 | | under subsection (c) or discretionary sealing under | 8 | | subsection (b). | 9 | | (5) In an eviction action in which the court determines | 10 | | a court file qualifies for mandatory sealing under | 11 | | subsection (c) or discretionary sealing under subsection | 12 | | (b), the court shall enter a separate order to seal the | 13 | | court file. | 14 | | (6) In an eviction action in which the court finds that | 15 | | the court file is exempt from sealing under subsection | 16 | | (a-10), the court shall enter a separate order with that | 17 | | finding. | 18 | | (f) Unless the court finds that the action involves either | 19 | | a commercial tenancy or a condominium unit in accordance with | 20 | | paragraph (3) or (4) of subsection (a-10), the clerk of the | 21 | | circuit court shall automatically seal all eviction action | 22 | | court files no later than 3 years after the plaintiff's initial | 23 | | filing with the court, regardless of the final disposition of | 24 | | the case. This subsection applies only to eviction actions | 25 | | filed after the effective date of this amendatory Act of the | 26 | | 101st General Assembly. |
| | | 10100HB2299ham001 | - 9 - | LRB101 05494 LNS 56798 a |
|
| 1 | | (Source: P.A. 100-173, eff. 1-1-18 .) | 2 | | (735 ILCS 5/9-122 new) | 3 | | Sec. 9-122. Dissemination and use of information contained | 4 | | in a sealed court file. | 5 | | (a) If a person knows or has reasonable cause to know that | 6 | | information is derived from a sealed court file, he or she | 7 | | shall not disseminate the information. | 8 | | (b) A consumer reporting agency, including a tenant | 9 | | background screening service, shall not disclose the existence | 10 | | of, or information regarding, an eviction action if there is no | 11 | | final disposition entered by the court or if the court file is | 12 | | sealed under Section 9-121 or otherwise made confidential by | 13 | | the court, or use the action as a factor to determine any score | 14 | | or recommendation to be included in a consumer report | 15 | | pertaining to a person named in an action. A consumer reporting | 16 | | agency may include in a consumer report information found in a | 17 | | publicly available court file, if: (i) the consumer's full | 18 | | name, date of birth, social security number, and both the basis | 19 | | for and final disposition of the eviction action reported are | 20 | | included in the report; (ii) the consumer is permitted to | 21 | | include a 100-word statement about any court file included in | 22 | | any way in the report; and (iii) the information is removed | 23 | | from the report or from the calculation of any score or | 24 | | recommendation therein within 7 days of sealing of the court | 25 | | file from which it is derived. |
| | | 10100HB2299ham001 | - 10 - | LRB101 05494 LNS 56798 a |
|
| 1 | | Any violation of this subsection is an unlawful practice | 2 | | under the Consumer Fraud and Deceptive Business Practices Act. | 3 | | (c) Any person who violates this Section shall be liable to | 4 | | the affected tenant or occupant for $2,000 for each violation, | 5 | | or twice the actual and consequential damages sustained, | 6 | | whichever is greater, and the costs of the action, including | 7 | | reasonable attorney's fees. | 8 | | (d) This Section does not apply to a tenant or occupant | 9 | | whose court file was sealed, his or her counsel, the court, or | 10 | | the clerk of the circuit court. | 11 | | (e) Nothing in this Section shall be deemed to waive the | 12 | | rights or remedies of any consumer under any law, rule, or | 13 | | regulation. | 14 | | (f) Nothing in this Section prohibits the dissemination of | 15 | | information regarding a money judgment for the sole purpose of | 16 | | enforcing the judgment pursuant to Article XII of the Code of | 17 | | Civil Procedure. | 18 | | (g) Nothing in this Section prohibits the provision of the | 19 | | eviction order to a sheriff for the sole purpose of enforcement | 20 | | of the order. | 21 | | (h) If any provision of this Section or its application to | 22 | | any person or circumstance is held invalid, the invalidity of | 23 | | that provision or application does not affect other provisions | 24 | | or applications of this Section that can be given effect | 25 | | without the invalid provision or application.
|
| | | 10100HB2299ham001 | - 11 - | LRB101 05494 LNS 56798 a |
|
| 1 | | (735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
| 2 | | Sec. 15-1701. Right to possession.
| 3 | | (a) General. The provisions of
this Article shall govern | 4 | | the right to possession of the mortgaged real
estate during | 5 | | foreclosure. Possession under this Article includes physical
| 6 | | possession of the mortgaged real estate to the same extent to | 7 | | which the
mortgagor, absent the foreclosure, would have been | 8 | | entitled to physical
possession. For the purposes of Part 17, | 9 | | real estate is residential real estate
only if it is | 10 | | residential real estate at the time the foreclosure is | 11 | | commenced.
| 12 | | (b) Pre-Judgment. Prior to the entry of a judgment of | 13 | | foreclosure:
| 14 | | (1) In the case of residential real estate, the | 15 | | mortgagor shall be
entitled to possession of the real | 16 | | estate except if (i) the mortgagee shall
object and show | 17 | | good cause, (ii) the mortgagee is so authorized by the | 18 | | terms of
the mortgage or other written instrument, and | 19 | | (iii) the court is satisfied that
there is a reasonable | 20 | | probability that the mortgagee will prevail on a final
| 21 | | hearing of the cause, the court shall upon request place | 22 | | the mortgagee in
possession. If the residential real estate | 23 | | consists of more than one dwelling
unit, then for the | 24 | | purpose of this Part residential real estate shall mean | 25 | | only
that dwelling unit or units occupied by persons | 26 | | described in clauses (i), (ii)
and (iii) of Section |
| | | 10100HB2299ham001 | - 12 - | LRB101 05494 LNS 56798 a |
|
| 1 | | 15-1219.
| 2 | | (2) In all other cases, if (i) the mortgagee is so | 3 | | authorized by the
terms of the mortgage or other written | 4 | | instrument, and (ii) the court is
satisfied that there is a | 5 | | reasonable probability that the mortgagee will
prevail on a | 6 | | final hearing of the cause, the mortgagee shall
upon | 7 | | request be placed in possession of the real estate, except | 8 | | that if the
mortgagor shall object and show good cause, the | 9 | | court shall allow the
mortgagor to remain in possession.
| 10 | | (c) Judgment Through 30 Days After Sale Confirmation. After | 11 | | the entry
of a judgment of foreclosure and through the 30th day | 12 | | after a foreclosure
sale is confirmed:
| 13 | | (1) Subsection (b) of Section 15-1701 shall be | 14 | | applicable, regardless of
the provisions of the mortgage or | 15 | | other instrument, except that after a
sale pursuant to the | 16 | | judgment the holder of the certificate of sale
(or, if | 17 | | none, the purchaser at the sale) shall have the mortgagee's | 18 | | right to be
placed in possession, with all rights and | 19 | | duties of a mortgagee in possession
under this Article.
| 20 | | (2) Notwithstanding paragraph (1) of subsection (b) | 21 | | and paragraph (1) of
subsection (c) of Section 15-1701, | 22 | | upon request of the mortgagee, a mortgagor
of residential | 23 | | real estate shall not be allowed to remain in possession | 24 | | between
the expiration of the redemption period and through | 25 | | the 30th day after sale
confirmation unless (i) the | 26 | | mortgagor pays to the mortgagee or such holder or
|
| | | 10100HB2299ham001 | - 13 - | LRB101 05494 LNS 56798 a |
|
| 1 | | purchaser, whichever is applicable, monthly the lesser of | 2 | | the interest due
under the mortgage calculated at the | 3 | | mortgage rate of interest applicable as if
no default had | 4 | | occurred or the fair rental value of the real estate, or | 5 | | (ii)
the mortgagor otherwise shows good cause. Any amounts | 6 | | paid by the mortgagor
pursuant to this subsection shall be | 7 | | credited against the amounts due from the
mortgagor.
| 8 | | (d) After 30 Days After Sale Confirmation. The holder of
| 9 | | the certificate of sale or deed issued pursuant to that | 10 | | certificate or, if
no certificate or deed was issued, the | 11 | | purchaser, except to the extent the
holder or purchaser may | 12 | | consent otherwise, shall be entitled to possession of
the | 13 | | mortgaged real estate, as of the date 30 days after the order | 14 | | confirming
the sale is entered, against those parties to the | 15 | | foreclosure whose interests
the court has ordered terminated, | 16 | | without further notice to any party, further
order of the | 17 | | court, or resort to proceedings under any other statute other | 18 | | than
this Article.
This right to possession shall be limited by | 19 | | the provisions
governing entering and enforcing orders of | 20 | | possession under subsection (g) of
Section
15-1508.
If the | 21 | | holder or purchaser determines that there are occupants
of the | 22 | | mortgaged real estate who have not been made parties to the | 23 | | foreclosure
and had their interests terminated therein, the | 24 | | holder or purchaser may bring an eviction
proceeding under | 25 | | subsection (h) of this Section, if applicable, or under Article | 26 | | IX of this Code
to terminate the rights of possession of any |
| | | 10100HB2299ham001 | - 14 - | LRB101 05494 LNS 56798 a |
|
| 1 | | such occupants. The holder or
purchaser shall not be entitled | 2 | | to proceed against any such occupant under
Article IX of this | 3 | | Code until after 30 days after the order confirming the sale
is | 4 | | entered.
| 5 | | (e) Termination of Leases. A lease of all or any part of | 6 | | the mortgaged
real estate shall not be terminated automatically | 7 | | solely by virtue of the entry
into possession by (i) a | 8 | | mortgagee or receiver prior to the entry of an order
confirming | 9 | | the sale, (ii) the holder of the certificate of sale, (iii) the
| 10 | | holder of the deed issued pursuant to that certificate, or (iv) | 11 | | if no
certificate or deed was issued, the purchaser at the | 12 | | sale.
| 13 | | (f) Other Statutes; Instruments. The provisions of this | 14 | | Article
providing for possession of mortgaged real estate shall | 15 | | supersede any other
inconsistent statutory provisions. In | 16 | | particular, and without limitation,
whenever a receiver is | 17 | | sought to be appointed in any action in which a
foreclosure is | 18 | | also pending, a receiver shall be appointed only in
accordance | 19 | | with this Article. Except as may be authorized by this Article,
| 20 | | no mortgage or other instrument may modify or supersede the | 21 | | provisions of this
Article.
| 22 | | (g) Certain Leases. Leases of the mortgaged real estate | 23 | | entered into by
a mortgagee in possession or a receiver and | 24 | | approved by the court in a
foreclosure shall be binding on all | 25 | | parties, including the mortgagor after
redemption, the | 26 | | purchaser at a sale pursuant to a judgment of foreclosure
and |
| | | 10100HB2299ham001 | - 15 - | LRB101 05494 LNS 56798 a |
|
| 1 | | any person acquiring an interest in the mortgaged real estate | 2 | | after
entry of a judgment of foreclosure in accordance with | 3 | | Sections 15-1402 and
15-1403.
| 4 | | (h) Proceedings Against Certain Occupants.
| 5 | | (1) The mortgagee-in-possession of the mortgaged real | 6 | | estate under Section
15-1703, a receiver appointed under | 7 | | Section 15-1704, a holder of the
certificate of sale or | 8 | | deed, or the purchaser may, at any time during the
pendency | 9 | | of the foreclosure and up to 90 days after the date of the | 10 | | order
confirming the sale,
file a supplemental eviction | 11 | | petition against a person not personally
named as a party
| 12 | | to the foreclosure. This subsection (h) does not apply to | 13 | | any lessee with a bona fide lease of a dwelling unit in | 14 | | residential real estate in foreclosure. | 15 | | (2) The supplemental eviction petition shall name each | 16 | | such
occupant against whom an eviction order is sought and | 17 | | state the facts upon which the
claim for relief is | 18 | | premised.
| 19 | | (3) The petitioner shall serve upon each named occupant | 20 | | the petition,
a notice of hearing on the petition, and, if | 21 | | any, a copy of the certificate of
sale or deed. The | 22 | | eviction proceeding, including service of the notice of the | 23 | | hearing and the petition,
shall in all respects comport | 24 | | with the requirements of Article IX of this Code,
except as | 25 | | otherwise specified in this Section. The hearing shall be | 26 | | no less
than 21 days from the date of service of the |
| | | 10100HB2299ham001 | - 16 - | LRB101 05494 LNS 56798 a |
|
| 1 | | notice.
| 2 | | (4) The supplemental petition shall be heard as part of | 3 | | the foreclosure
proceeding and without the payment of | 4 | | additional filing fees. An eviction order obtained under | 5 | | this Section shall name each occupant whose interest
has | 6 | | been terminated, shall recite that it is only effective as | 7 | | to the occupant
so named and those holding under them, and | 8 | | shall be enforceable for no more
than 120 days after its | 9 | | entry, except that the 120-day period may be extended to
| 10 | | the extent and in the manner provided in Section 9-117 of | 11 | | Article IX and except as provided in item (5) of this | 12 | | subsection (h). | 13 | | (5) In a case of foreclosure where the occupant is | 14 | | current on his or her rent, or where timely written notice | 15 | | of to whom and where the rent is to be paid has not been | 16 | | provided to the occupant, or where the occupant has made | 17 | | good-faith efforts to make rental payments in order to keep | 18 | | current, any eviction order must allow the occupant to | 19 | | retain possession of the property covered in his or her | 20 | | rental agreement (i) for 120 days following the notice of | 21 | | the hearing on the supplemental petition that has been | 22 | | properly served upon the occupant, or (ii) through the | 23 | | duration of his or her lease, whichever is shorter, | 24 | | provided that if the duration of his or her lease is less | 25 | | than 30 days from the date of the order, the order shall | 26 | | allow the occupant to retain possession for 30 days from |
| | | 10100HB2299ham001 | - 17 - | LRB101 05494 LNS 56798 a |
|
| 1 | | the date of the order. A mortgagee in possession, receiver, | 2 | | holder of a certificate of sale or deed, or purchaser at | 3 | | the judicial sale, who asserts that the occupant is not | 4 | | current in rent, shall file an affidavit to that effect in | 5 | | the supplemental petition proceeding. If the occupant has | 6 | | been given timely written notice of to whom and where the | 7 | | rent is to be paid, this item (5) shall only apply if the | 8 | | occupant continues to pay his or her rent in full during | 9 | | the 120-day period or has made good-faith efforts to pay | 10 | | the rent in full during that period.
| 11 | | (6) The court records relating to a supplemental | 12 | | eviction petition filed under this subsection (h) against | 13 | | an occupant who is entitled to notice under item (5) of | 14 | | this subsection (h), or relating to an eviction action | 15 | | brought against an occupant who would have lawful | 16 | | possession of the premises but for the foreclosure of a | 17 | | mortgage on the property, or relating to a foreclosure | 18 | | action in which a tenant or occupant has been named as a | 19 | | defendant in the foreclosure action shall be ordered sealed | 20 | | and shall not be disclosed to any person, other than a law | 21 | | enforcement officer or any other representative of a | 22 | | governmental entity, except upon further order of the | 23 | | court.
| 24 | | (i) Termination of bona fide leases. The holder of the | 25 | | certificate of sale, the holder of the deed issued pursuant to | 26 | | that certificate, or, if no certificate or deed was issued, the |
| | | 10100HB2299ham001 | - 18 - | LRB101 05494 LNS 56798 a |
|
| 1 | | purchaser at the sale shall not terminate a bona fide lease of | 2 | | a dwelling unit in residential real estate in foreclosure | 3 | | except pursuant to Article IX of this Code. | 4 | | (Source: P.A. 100-173, eff. 1-1-18 .)
| 5 | | Section 10. The Consumer Fraud and Deceptive Business | 6 | | Practices Act is amended by changing Section 2Z as follows:
| 7 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 8 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 9 | | violates
the Automotive Repair Act, the Automotive Collision | 10 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 11 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 12 | | Instrument Consumer Protection Act,
the Illinois Union Label | 13 | | Act, the Installment Sales Contract Act,
the Job Referral and | 14 | | Job Listing Services Consumer Protection Act,
the Travel | 15 | | Promotion Consumer Protection Act,
the Credit Services | 16 | | Organizations Act,
the Automatic Telephone Dialers Act,
the | 17 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone | 18 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| 19 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | 20 | | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | 21 | | High Risk Home Loan Act, the Payday Loan Reform Act, the | 22 | | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 23 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 24 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the |
| | | 10100HB2299ham001 | - 19 - | LRB101 05494 LNS 56798 a |
|
| 1 | | Internet Caller Identification Act, paragraph (6)
of
| 2 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 3 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | 4 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | 5 | | Residential Real Property Disclosure Act, the Automatic | 6 | | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | 7 | | the Youth Mental Health Protection Act, the Personal | 8 | | Information Protection Act, subsection (b) of Section 9-122 of | 9 | | the Code of Civil Procedure, or the Student Online Personal | 10 | | Protection Act commits an unlawful practice within the meaning | 11 | | of this Act.
| 12 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 13 | | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 14 | | 100-863, eff. 8-14-18.)".
|
|