HB5864 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5864

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/17-5.8 new

    Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Authorizes a property owner or authorized agent to request the sheriff for the immediate removal of a person or persons unlawfully occupying a residential dwelling. Creates a statutory form for the property owner to complete to give to the sheriff to use the provisions of the Act. Provides that if the sheriff verifies the information in the form, the sheriff must serve a notice on the unlawful occupant to vacate the dwelling. Authorizes the sheriff, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the sheriff to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the sheriff to charge a reasonable hourly rate to do so. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property.


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A BILL FOR

 

HB5864LRB103 40120 JRC 71775 b

1    AN ACT concerning real property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Remedy
5to Remove Unauthorized Persons from Residential Real Estate
6Act.
 
7    Section 5. Findings. The General Assembly finds that the
8right to exclude others from entering and the right to direct
9others to immediately vacate residential real property are the
10most important real property rights. The General Assembly
11further finds that existing remedies regarding unauthorized
12persons who unlawfully remain on residential real property
13fail to adequately protect the rights of the property owner
14and fail to adequately discourage theft and vandalism. The
15intent of this Act is to quickly restore possession of
16residential real property to the lawful owner of the property
17when the property is being unlawfully occupied and to preserve
18property rights while limiting the opportunity for criminal
19activity.
 
20    Section 10. Conditions of removal and statutory form.
21    (a) A property owner or authorized agent may request the
22sheriff of the county in which the property is located for the

 

 

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1immediate removal of a person or persons unlawfully occupying
2a residential dwelling under this Act if all of the following
3conditions are met:
4        (1) The requesting person is the property owner or
5    authorized agent of the property owner.
6        (2) The real property that is being occupied includes
7    a residential dwelling.
8        (3) An unauthorized person or persons have unlawfully
9    entered and remain or continue to reside on the property
10    owner's property.
11        (4) The real property was not open to members of the
12    public at the time the unauthorized person or persons
13    entered.
14        (5) The property owner has directed the unauthorized
15    person to leave the property.
16        (6) The unauthorized person or persons are not current
17    or former tenants under a written or oral rental agreement
18    authorized by the property owner.
19        (7) The unauthorized person or persons are not
20    immediate family members of the property owner.
21        (8) There is no pending litigation related to the real
22    property between the property owner and any known
23    unauthorized person.
24    (b) To request the immediate removal of an unlawful
25occupant of a residential dwelling, the property owner or
26authorized agent must submit a complaint by presenting a

 

 

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1completed and verified Complaint to Remove Persons Unlawfully
2Occupying Residential Real Property to the sheriff of the
3county in which the real property is located. The submitted
4complaint must be in substantially the following form:
 
5
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
6
RESIDENTIAL REAL PROPERTY
7    I, the owner or authorized agent of the owner of the real
8property located at ... ..., declare under the penalty of
9perjury that (initial each box):
10        1. .... I am the owner of the real property or the
11    authorized agent of the owner of the real property.
12        2. .... I purchased the property on .....
13        3. .... The real property is a residential dwelling.
14        4. .... An unauthorized person or persons have
15    unlawfully entered and are remaining or residing
16    unlawfully on the real property.
17        5. .... The real property was not open to members of
18    the public at the time the unauthorized person or persons
19    entered.
20        6. .... I have directed the unauthorized person or
21    persons to leave the real property, but they have not done
22    so.
23        7. .... The person or persons are not current or
24    former tenants under any valid lease authorized by the
25    property owner, and any lease that may be produced by an

 

 

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1    occupant is fraudulent.
2        8. .... The unauthorized person or persons sought to
3    be removed are not an owner or a co-owner of the property
4    and have not been listed on the title to the property
5    unless the person or persons have engaged in title fraud.
6        9. .... The unauthorized person or persons are not
7    immediate family members of the property owner.
8        10. .... There is no litigation related to the real
9    property pending between the property owner and any person
10    sought to be removed.
11        11. .... I understand that a person or persons removed
12    from the property under this procedure may bring an action
13    against me for any false statements made in this complaint
14    or for wrongfully using this procedure, and that as a
15    result of such action I may be held liable for actual
16    damages, penalties, costs, and reasonable attorney's fees.
17        12. .... I am requesting the sheriff to immediately
18    remove the unauthorized person or persons from the
19    residential property.
20        13. .... A copy of my valid government-issued
21    identification is attached, or I am an agent of the
22    property owner, and documents evidencing my authority to
23    act on the property owner's behalf are attached.
24    I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND
25EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
26STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY

 

 

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1OF PERJURY.
2     ...(Signature of Property Owner or Agent of Owner)
 
3    Section 15. Sheriff's duties and fees.
4    (a) Upon receipt of the complaint, the sheriff shall
5verify that the person submitting the complaint is the record
6owner of the real property or the authorized agent of the owner
7and appears otherwise entitled to relief under this Act. If
8verified, the sheriff shall, without delay, serve a notice to
9immediately vacate on all the unlawful occupants and shall put
10the owner in possession of the real property. Service may be
11accomplished by hand delivery of the notice to an occupant or
12by posting the notice on the front door or entrance of the
13dwelling. The sheriff shall also attempt to verify the
14identities of all persons occupying the dwelling and note the
15identities on the return of service. If appropriate, the
16sheriff may arrest any person found in the dwelling for
17trespass, outstanding warrants, or any other legal cause.
18    (b) The sheriff is entitled to the same fee for service of
19the notice to immediately vacate as if the sheriff were
20serving an eviction order under Article IX of the Code of Civil
21Procedure. After the sheriff serves the notice to immediately
22vacate, the property owner or authorized agent may request
23that the sheriff stand by to keep the peace while the property
24owner or agent of the owner changes the locks and removes the
25personal property of the unlawful occupants from the premises

 

 

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1to or near the property line. When such a request is made, the
2sheriff may charge a reasonable hourly rate to the person
3requesting the sheriff's services. The sheriff is not liable
4to the unlawful occupant or any other party for loss,
5destruction, or damage of property. The property owner or his
6or her authorized agent is not liable to an unlawful occupant
7or any other party for the loss, destruction, or damage to the
8personal property unless the removal was wrongful.
 
9    Section 20. Civil action for wrongful removal. A person
10may bring a civil action for wrongful removal under this Act. A
11person harmed by a wrongful removal under this Act may be
12restored to possession of the real property and may recover
13actual costs and damages incurred, statutory damages equal to
14triple the fair market rent of the dwelling, court costs, and
15reasonable attorney's fees. The court is requested to give
16such an action priority on its calendar. This Act does not
17limit the rights of a property owner or limit the authority of
18a law enforcement officer to arrest an unlawful occupant for
19trespassing, vandalism, theft, or other crimes.
 
20    Section 900. The Criminal Code of 2012 is amended by
21adding Section 17-5.8 as follows:
 
22    (720 ILCS 5/17-5.8 new)
23    Sec. 17-5.8. Unlawful listing or advertising. A person who

 

 

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1lists or advertises residential real property for sale knowing
2that the purported seller has no legal title or authority to
3sell the property, or rents or leases the property to another
4person knowing that he or she has no lawful ownership in the
5property or leasehold interest in the property, commits a
6Class 4 felony.