Illinois General Assembly - Full Text of HB1532
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Full Text of HB1532  98th General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by adding
5Section 9-120.5 as follows:
6    (735 ILCS 5/9-120.5 new)
7    Sec. 9-120.5. Offensive use of property.
8    (a) As used in this Section, "offensive use of property"
9means the repeated use of leased premises in a manner that
10disturbs the peace or is detrimental to the health and safety
11of the neighbors of the premises. To qualify as offensive use
12of property, all of the following conditions must exist:
13        (1) on 3 or more separate occasions within a 60-day
14    period, an act is committed on the property which is:
15            (A) a felony or a Class A misdemeanor;
16            (B) a violation of subsection (a)(1) of Section
17        26-1 of the Criminal Code of 2012; or
18            (C) a violation of a public order regulation
19        adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the
20        Illinois Municipal Code;
21        (2) a lessee or his or her guest used the premises,
22    permitted the premises to be used, or knew or should have
23    known that the premises would be used in the commission of



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1    the act; and
2        (3) on each occasion, an arrest was made or a citation
3    was issued for the commission of the act.
4    (b) If the standard for offensive use of property has been
5met, then the tenancy may be terminated and the owner, lessor,
6or agent shall be entitled to bring a forcible entry and
7detainer action under this Section.
8    (c) If an owner, lessor, or agent terminates a tenancy
9under this Section, the owner, lessor, or agent shall be
10required to deliver a 5-day notice to quit to the lessee,
11specifying the alleged acts and the date of occurrence for
12each. The notice shall be substantially in the following form:
13        "To .........(names of tenants) and all other unknown
14    occupants. Because of the repeated use of the residence you
15    rent at ............ (location of the premises) in a manner
16    that disturbs your neighbors or threatens the health and
17    safety of your neighbors, I have chosen to terminate your
18    right to remain in the property. The specific acts, which
19    took place in a 60-day period and resulted in an arrest
20    being made or a citation being issued, are:
21    ................. (insert the alleged acts and the date of
22    occurrence for each). You are hereby notified to return
23    possession of your residence to me within 5 days of this
24    date ............ (date of delivery of notice).
25        Any person identified in this notice who, because of an
26    act listed in this notice, is a victim of domestic



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1    violence, dating violence, sexual assault, or stalking may
2    present the court documentation to defend the victim's
3    right to retain possession of the residence. Documentation
4    shall be in the form of medical, court, or police records
5    documenting the violence or a statement from either an
6    employee of a victim service organization or a medical
7    professional from whom the victim sought services.
8        This demand is being made pursuant to Illinois law
9    (Section 9-120.5 of the Code of Civil Procedure, 735 ILCS
10    5/9-120.5, which can be found online for further
11    information)."
12    The notice shall be signed by the owner, lessor, or agent.
13No other notice or demand of possession or termination of the
14tenancy is necessary.
15    (d) A hearing shall be held not more than 14 days after
16filing of the forcible entry and detainer action. If the court
17finds that the standard for offensive use of property has been
18met, it shall enter judgment for possession of the premises in
19favor of the plaintiff. The plaintiff shall be entitled to
20re-enter the premises immediately, or no later than within 7
21days of the entry of the judgment for possession of the
22premises if the court determines such a stay is appropriate to
23preserve the peace.
24    (e) The court may stay a judgment for possession for up to
256 months, provided:
26        (1) all parties agree to the stay;



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1        (2) the court determines the lessee is willing and able
2    to prevent the offensive use of the property from
3    continuing; and
4        (3) none of the qualifying acts were of a violent
5    nature.
6    The stay shall be lifted and judgment for possession shall
7be enforced if, prior to the expiration of the stay, the
8plaintiff petitions the court to terminate the stay and the
9court finds that, subsequent to the issuance of the stay, an
10act has been committed on the property which qualifies as
11offensive use of property under subsection (a) of this Section.
12The judgment for possession shall otherwise be automatically
13vacated at the end of the period of the stay. Upon the lifting
14of the stay, the plaintiff shall be entitled to re-enter the
15premises immediately.
16    (f) The sheriff or other lawfully deputized officer shall
17execute an order under this Section within 7 days of its entry
18or within 7 days of the expiration of a stay of judgment.
19    (g) Nothing in this Section shall limit the rights of an
20owner, lessor, or agent to bring a forcible entry and detainer
21action on the basis of other applicable law.
22    (h) The governmental agencies in whose jurisdiction the
23leased premises are located shall provide the owner, lessor, or
24agent with the information reasonably necessary to
25substantiate the required elements of an action filed under
26this Section. A municipality or other governmental entity may



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1not require an owner, lessor, or agent to bring a forcible
2entry and detainer action under this Section or impose a
3penalty on the owner, lessor, or agent for failure to evict
4when notification is made.
5    (i) A tenant or occupant may not be the subject of a
6forcible detainer under this Section in conjunction with a
7qualifying act in which that tenant or occupant is the victim
8of domestic violence, dating violence, sexual assault, or