Full Text of HB0066 96th General Assembly
HB0066 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0066
Introduced 1/14/2009, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/9-110 |
from Ch. 110, par. 9-110 |
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Amends the Code of Civil Procedure. Provides that if an action is brought for possession of the residential premises of a tenant and the court finds that the tenant is more than 90 days in arrears on his or her rent, the court may order a stay of the enforcement of the judgment for no more than 10 days, or if the court finds that there is good cause for a longer stay, then the court may grant a stay in excess of 10 days, but in that event the court shall require that the tenant pay a pro rata amount of rent under terms established in the stay order.
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A BILL FOR
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HB0066 |
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LRB096 03449 AJO 13473 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 9-110 as follows:
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| (735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
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| Sec. 9-110. Judgment for whole premises - Stay of | 8 |
| enforcement. If
it appears on the trial that the plaintiff is | 9 |
| entitled
to the possession of the whole of the premises | 10 |
| claimed, judgment for the
possession thereof and for costs | 11 |
| shall be entered in favor of the plaintiff.
However, if the | 12 |
| action is brought for possession of residential premises of a | 13 |
| tenant and the court finds that the defendant tenant is more | 14 |
| than 90 days in arrears on his or her rent, the court, by | 15 |
| order, may stay the enforcement of the judgment for a period | 16 |
| not to exceed 10 days from the date of the judgment, or if the | 17 |
| court finds that there is good cause for a longer stay, then | 18 |
| the court may stay the enforcement of the judgment for a period | 19 |
| in excess of 10 days, but in that event the court shall | 20 |
| condition the stay of the judgment on the defendant tenant | 21 |
| paying a pro rata amount of rent under terms established in the | 22 |
| stay order. However, if the action is brought under Article IX | 23 |
| of this Code and is
based upon a breach of a contract entered |
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HB0066 |
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LRB096 03449 AJO 13473 b |
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| into
on or after July 1, 1962 for the purchase of such | 2 |
| premises, the court,
by order, may stay the enforcement of the | 3 |
| judgment for a period
not to exceed 60 days from the date of | 4 |
| the judgment, or if the court
finds that the amount unpaid on | 5 |
| the contract is less than 75% of the
original purchase price, | 6 |
| then the court shall stay the enforcement of the
judgment for a | 7 |
| period of 180 days from the date of the judgment. The court
may | 8 |
| order a stay of less than 180 days (but in no event less than 60
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| days) if it is shown that the plaintiff, prior to the filing of | 10 |
| the action
under Article IX of this Act, granted the defendant | 11 |
| previous extensions of
time to pay the amounts due under the | 12 |
| contract, or for other good cause
shown. If during such period | 13 |
| of stay the defendant pays the entire amount
then due and | 14 |
| payable under the terms of the contract other than such
portion | 15 |
| of the principal balance due under the contract as would not be
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| due had no default occurred and costs and, if the contract | 17 |
| provides
therefor, reasonable attorney's fees as fixed by the | 18 |
| court, and cures
all other defaults then existing, the contract | 19 |
| shall remain in force the
same as if no default had occurred. | 20 |
| The relief granted to a defendant
by this Section shall not be | 21 |
| exhausted by a single use thereof but shall
not be again | 22 |
| available with respect to the same contract for a period of
5 | 23 |
| years from the date of such judgment. Whenever defendant cures | 24 |
| the
default under the contract pursuant to this Section, the | 25 |
| defendant may within
the period of stay file a motion to vacate | 26 |
| the judgment in the court in
which the judgment was entered, |
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HB0066 |
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LRB096 03449 AJO 13473 b |
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| and, if the court, upon the hearing of
such motion, is | 2 |
| satisfied that such default has been cured, such
judgment shall | 3 |
| be vacated. Unless defendant files such motion to vacate
in the | 4 |
| court or the judgment is otherwise stayed, enforcement of the | 5 |
| judgment
may proceed
immediately upon the expiration of such | 6 |
| period of stay and all rights of the
defendant in and to the | 7 |
| premises and in and to the real estate described
in the | 8 |
| contract are terminated.
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| Nothing herein contained shall be construed as affecting | 10 |
| the right of
a seller of such premises to any lawful remedy or | 11 |
| relief other than that
provided by Part 1 of Article IX of this | 12 |
| Act.
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| (Source: P.A. 85-907.)
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