Full Text of SB1401 99th General Assembly
SB1401 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1401 Introduced 2/20/2015, by Sen. Patricia Van Pelt SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-102.5 new | | 735 ILCS 5/9-104.2 | from Ch. 110, par. 9-104.2 |
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Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of possession in favor of the plaintiff is entered. Provides that unsealed records shall remain unsealed for a period of 7 years. Provides that after 7 years, access to the court records may be obtained only by specified parties. Provides that if a case is filed by a board of managers of a condominium association and names or joins a tenant of a condominium unit to the proceedings, the tenant's name shall be permanently suppressed by order of the court. Effective 90 days after becoming law.
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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 9-104.2 and by adding Section 9-102.5 as | 6 | | follows: | 7 | | (735 ILCS 5/9-102.5 new) | 8 | | Sec. 9-102.5. Sealing of records. Once an action under this | 9 | | Article is initiated, the clerk shall hold under seal all | 10 | | records under the action. The records shall be unsealed if the | 11 | | court enters a final order of possession in favor of the | 12 | | plaintiff or plaintiffs and against the defendant or | 13 | | defendants. Once the records are unsealed, they shall remain | 14 | | part of the public record for a period of 7 years, at which | 15 | | time the clerk shall place the records under seal. The clerk | 16 | | shall provide access to the sealed files to: | 17 | | (1) a named party to the action, including a party's | 18 | | attorney; | 19 | | (2) any person who provides the clerk with the names of | 20 | | at least one plaintiff and one defendant and the address of | 21 | | the premises, including the apartment or unit number, if | 22 | | any; | 23 | | (3) a resident of the premises who provides the clerk |
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| 1 | | with the name of one of the parties or the case number and | 2 | | shows any proof of residency of the premises; and | 3 | | (4) any person by order of the court upon a showing of | 4 | | good cause.
| 5 | | (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
| 6 | | Sec. 9-104.2.
Demand - Notice - Termination of Lease and | 7 | | Possession of a
Condominium.
| 8 | | (a) Unless the Board of Managers is seeking to
terminate | 9 | | the right of possession of a tenant or other occupant of a unit
| 10 | | under
an existing lease or other arrangement with the owner
of | 11 | | a unit, no demand nor summons need be served upon the tenant or | 12 | | other
occupant in connection
with an action brought under | 13 | | paragraph (7) of subsection (a) of Section
9-102 of this | 14 | | Article.
| 15 | | (a-5) The Board of Managers may seek to terminate
the right | 16 | | of possession of a tenant or other occupant of a unit under an
| 17 | | existing lease or other arrangement between the tenant or other | 18 | | occupant and
the defaulting owner of a unit, either within the | 19 | | same action against the unit
owner under paragraph (7) of | 20 | | subsection (a) of Section 9-102 of this Article or
| 21 | | independently thereafter under other paragraphs of that | 22 | | subsection. If a
tenant or other occupant of a unit is joined | 23 | | within
the same action against the defaulting unit owner under | 24 | | paragraph (7),
only the unit owner and not the tenant or other | 25 | | occupant
need to be served with 30 days prior written notice as
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| 1 | | provided in this Article.
The tenant or other occupant may be | 2 | | joined as additional defendants at the
time the suit is filed
| 3 | | or at any time thereafter prior to execution of judgment for | 4 | | possession by
filing, with or without prior leave of the court, | 5 | | an amended complaint and
summons for trial. If the complaint | 6 | | alleges that the unit is occupied or may
be occupied by persons | 7 | | other than or in addition to the unit owner of record,
that the | 8 | | identities of the persons are concealed and unknown, they may | 9 | | be named
and joined as defendant "Unknown Occupants". Summons | 10 | | may be served on the
defendant "Unknown Occupants" by the | 11 | | sheriff or court appointed process server
by leaving a copy at | 12 | | the unit with any person residing at the unit of the age
of
13 | 13 | | years or greater, and if the summons is returned without | 14 | | service stating
that service cannot be obtained, constructive | 15 | | service may be obtained pursuant
to Section 9-107 of this Code | 16 | | with notice mailed to "Unknown Occupants" at the
address of the | 17 | | unit. If prior to execution of judgment for possession the
| 18 | | identity of a defendant or defendants served in this manner is | 19 | | discovered, his
or her name or names
and the record may be | 20 | | corrected upon hearing pursuant to notice of motion
served upon | 21 | | the identified defendant or defendants at the unit in the | 22 | | manner
provided by
court rule for service of notice of motion.
| 23 | | If however an action under paragraph (7) was brought
against | 24 | | the defaulting unit owner only, and after obtaining judgment | 25 | | for
possession and expiration of the stay on enforcement the | 26 | | Board of Managers
elects not to accept a tenant or occupant in |
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| 1 | | possession as its own and to
commence a separate action, | 2 | | written
notice of the judgment against the unit owner and | 3 | | demand to quit the premises
shall be served on the tenant or | 4 | | other occupant in the manner provided under
Section 9-211 at
| 5 | | least 10 days prior to bringing suit to recover possession from | 6 | | the tenant or
other occupant.
| 7 | | (b) If a judgment for possession is granted to the Board of | 8 | | Managers under
Section 9-111, any interest of the unit owner to | 9 | | receive rents under any
lease arrangement shall
be deemed | 10 | | assigned to the Board of Managers until such time as the | 11 | | judgment is
vacated.
| 12 | | (b-1) If a case filed under this Section names a tenant or | 13 | | joins a tenant of the condominium unit, that tenant's name | 14 | | shall be permanently suppressed by order of the court. | 15 | | (c) If a judgment for possession is entered, the Board of | 16 | | Managers may
obtain from the clerk of the court an | 17 | | informational certificate notifying any
tenants
not parties to | 18 | | the proceeding of the assignment of the unit owner's interest
| 19 | | in the lease arrangement to the Board of Managers
as a result | 20 | | of the entry of the judgment for possession and stating that
| 21 | | any rent hereinafter due the unit owner or his agent under the | 22 | | lease
arrangement should be paid to the Board of Managers until | 23 | | further order of
court. If the tenant pays his rent to the | 24 | | association pursuant to the
entry of such a judgement for | 25 | | possession, the unit owner may not sue said
tenant for any such | 26 | | amounts the tenant pays the association.
Upon service of the |
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| 1 | | certificate on the tenant in the manner provided by
Section | 2 | | 9-211 of this Code, the tenant shall be obligated to pay the | 3 | | rent under
the lease arrangement to the Board of Managers as it | 4 | | becomes due. If the
tenant thereafter fails and refuses to pay | 5 | | the rent, the Board of Managers may
bring an action for | 6 | | possession after making a demand for rent in accordance
with | 7 | | Section 9-209 of this Code.
| 8 | | (c-5) In an action against the unit owner and lessee to | 9 | | evict a lessee for
failure of the lessor/owner of the | 10 | | condominium unit to comply with the leasing
requirements | 11 | | prescribed by subsection (n) of Section 18 of the Condominium
| 12 | | Property Act or by
the declaration, bylaws, and rules and | 13 | | regulations of the condominium, or
against a lessee for any | 14 | | other breach by the lessee of any covenants, rules,
| 15 | | regulations, or bylaws of the condominium, the demand shall | 16 | | give the lessee at
least 10 days to quit and vacate the unit. | 17 | | The notice shall be substantially
in the following form:
| 18 | | "TO A.B. You are hereby notified that in consequence of | 19 | | (here insert
lessor-owner name) failure to comply with the | 20 | | leasing requirements prescribed
by Section 18(n) of the | 21 | | Condominium Property Act or by the declaration, bylaws,
and | 22 | | rules and regulations of the condominium, or your default | 23 | | of any covenants,
rules, regulations or bylaws of the | 24 | | condominium, in (here insert the character
of the default) | 25 | | of the premises now occupied by you, being (here described | 26 | | the
premises) the Board of Managers of (here describe the |
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| 1 | | condominium) Association
elects to terminate your lease, | 2 | | and you are hereby notified to quit and vacate
same within | 3 | | 10 days of this date.".
| 4 | | The demand shall be signed by the Board of Managers, its | 5 | | agent, or attorney
and shall be served either personally upon | 6 | | the lessee with a copy to the unit
owner or by sending the | 7 | | demand thereof by registered or certified mail with
return | 8 | | receipt requested to the unit occupied by the lessee and to the | 9 | | last
known address of the unit owner, and no other demand of | 10 | | termination of such
tenancy shall be required. To be effective | 11 | | service under this Section, a
demand sent by certified mail, | 12 | | return receipt requested, to the unit occupied
by the lessee | 13 | | and to the last known address of the unit owner need not be
| 14 | | received by the lessee or condominium unit owner.
| 15 | | (d) Nothing in this Section 9-104.2 is intended to confer | 16 | | upon a Board of
Managers any greater authority with respect to | 17 | | possession of a unit after a
judgment than was previously | 18 | | established by this Act.
| 19 | | (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
| 20 | | Section 99. Effective date. This Act takes effect 90 days | 21 | | after becoming law.
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