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90_HB3579eng
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the emergency housing eviction provisions of the
Code of Civil Procedure. Provides that, if a public housing
authority plaintiff accepts rent from the defendant
subsequent to the initiation of an action, the acceptance of
rent shall not be a cause for dismissal if the public housing
authority plaintiff returns the rent to the defendant within
20 days of receipt of the rent payment. Effective June 1,
1998.
LRB9010881SMbd
HB3579 Engrossed LRB9010881SMbd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 9-104, 9-118, 9-211, and 9-212.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 9-104, 9-118, 9-211, and 9-212 as follows:
7 (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
8 Sec. 9-104. Demand - Notice - Return. The demand
9 required by Section 9-102 of this Act may be made by
10 delivering a copy thereof to the tenant, or by leaving such a
11 copy with some person of the age of 13 years or upwards,
12 residing on, or being in charge of, the premises; or in case
13 no one is in the actual possession of the premises, then by
14 posting the same on the premises. When such demand is made or
15 notice served, the signed return, verified by certification
16 pursuant to Section 1-109 of the Code of Civil Procedure by
17 the server, by an officer authorized to serve process, his or
18 her return is prima facie evidence of the facts therein
19 stated, and if such demand is made by any person not an
20 officer, the return may be sworn to by the person serving the
21 same, and is then prima facie evidence of the facts therein
22 stated. The demand for possession may be in the following
23 form: To ....
24 I hereby demand immediate possession of the following
25 described premises: (describing the same.)
26 The demand shall be signed by the person claiming such
27 possession, his or her agent, or attorney.
28 (Source: P.A. 83-1362.)
29 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
30 (Text of Section before amendment by P.A. 90-557)
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1 Sec. 9-118. Emergency public housing eviction
2 proceedings.
3 (a) As used in this Section:
4 "Cannabis" has the meaning ascribed to that term in the
5 Cannabis Control Act.
6 "Narcotics" and "controlled substance" have the meanings
7 ascribed to those terms in the Illinois Controlled Substances
8 Act.
9 (b) This Section applies only if all of the following
10 conditions are met:
11 (1) The complaint seeks possession of premises that
12 are owned or managed by a housing authority established
13 under the Housing Authorities Act.
14 (2) The verified complaint alleges that there is
15 direct evidence of either of the following:
16 (A) trafficking in cannabis, narcotics, or
17 controlled substances within or upon the premises by
18 or with the knowledge and consent of, or in concert
19 with the person or persons named in the complaint;
20 or
21 (B) the possession, use, sale, or delivery of
22 a firearm which is otherwise prohibited by State law
23 within or upon the premises by or with the knowledge
24 and consent of, or in concert with, the person or
25 persons named in the complaint.
26 (3) Notice by verified complaint setting forth the
27 relevant facts, and a demand for possession of the type
28 specified in Section 9-104 is served on the tenant or
29 occupant of the premises at least 14 days before a
30 hearing on the complaint is held, and proof of service of
31 the complaint is submitted by the plaintiff to the court.
32 (c) When a complaint has been filed under this Section,
33 a hearing on the complaint shall be scheduled on any day
34 after the expiration of 14 days following the filing of the
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1 complaint. The summons shall advise the defendant that a
2 hearing on the complaint shall be held at the specified date
3 and time, and that the defendant should be prepared to
4 present any evidence on his or her behalf at that time.
5 (d) If the defendant does not appear at the hearing,
6 judgment for possession of the premises in favor of the
7 plaintiff shall be entered by default. If the defendant
8 appears, a trial shall be held immediately as is prescribed
9 in other proceedings for possession. The matter shall not be
10 continued beyond 7 days from the date set for the first
11 hearing on the complaint except by agreement of both the
12 plaintiff and the defendant. After a trial, if the court
13 finds, by a preponderance of the evidence, that the
14 allegations in the complaint have been proven, the court
15 shall enter judgment for possession of the premises in favor
16 of the plaintiff and the court shall order that the plaintiff
17 shall be entitled to re-enter the premises immediately.
18 (e) A judgment for possession entered under this Section
19 may not be stayed for any period in excess of 7 days by the
20 court. Thereafter the plaintiff shall be entitled to
21 re-enter the premises immediately. The sheriff or other
22 lawfully deputized officers shall give priority to service
23 and execution of orders entered under this Section over other
24 possession orders.
25 (f) This Section shall not be construed to prohibit the
26 use or possession of cannabis, narcotics, or a controlled
27 substance that has been legally obtained in accordance with a
28 valid prescription for the personal use of a lawful occupant
29 of a dwelling unit.
30 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)
31 (Text of Section after amendment by P.A. 90-557)
32 Sec. 9-118. Emergency housing eviction proceedings.
33 (a) As used in this Section:
34 "Cannabis" has the meaning ascribed to that term in the
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1 Cannabis Control Act.
2 "Narcotics" and "controlled substance" have the meanings
3 ascribed to those terms in the Illinois Controlled Substances
4 Act.
5 (b) This Section applies only if all of the following
6 conditions are met:
7 (1) The complaint seeks possession of premises that
8 are owned or managed by a housing authority established
9 under the Housing Authorities Act or privately owned and
10 managed.
11 (2) The verified complaint alleges that there is
12 direct evidence of either of the following:
13 (A) unlawful possessing, serving, storing,
14 manufacturing, cultivating, delivering, using,
15 selling, giving away, or trafficking in cannabis,
16 narcotics, or controlled substances within or upon
17 the premises by or with the knowledge and consent
18 of, or in concert with the person or persons named
19 in the complaint; or
20 (B) the possession, use, sale, or delivery of
21 a firearm which is otherwise prohibited by State law
22 within or upon the premises by or with the knowledge
23 and consent of, or in concert with, the person or
24 persons named in the complaint.
25 (3) Notice by verified complaint setting forth the
26 relevant facts, and a demand for possession of the type
27 specified in Section 9-104 is served on the tenant or
28 occupant of the premises at least 14 days before a
29 hearing on the complaint is held, and proof of service of
30 the complaint is submitted by the plaintiff to the court.
31 (c) When a complaint has been filed under this Section,
32 a hearing on the complaint shall be scheduled on any day
33 after the expiration of 14 days following the filing of the
34 complaint. The summons shall advise the defendant that a
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1 hearing on the complaint shall be held at the specified date
2 and time, and that the defendant should be prepared to
3 present any evidence on his or her behalf at that time.
4 If a plaintiff which is a public housing authority
5 accepts rent from the defendant after an action is initiated
6 under this Section, the acceptance of rent shall not be a
7 cause for dismissal of the complaint.
8 (d) If the defendant does not appear at the hearing,
9 judgment for possession of the premises in favor of the
10 plaintiff shall be entered by default. If the defendant
11 appears, a trial shall be held immediately as is prescribed
12 in other proceedings for possession. The matter shall not be
13 continued beyond 7 days from the date set for the first
14 hearing on the complaint except by agreement of both the
15 plaintiff and the defendant. After a trial, if the court
16 finds, by a preponderance of the evidence, that the
17 allegations in the complaint have been proven, the court
18 shall enter judgment for possession of the premises in favor
19 of the plaintiff and the court shall order that the plaintiff
20 shall be entitled to re-enter the premises immediately.
21 (d-5) If cannabis, narcotics, or controlled substances
22 are found or used anywhere in the premises, there is a
23 rebuttable presumption either (1) that the cannabis,
24 narcotics, or controlled substances were used or possessed by
25 a tenant or occupant or (2) that a tenant or occupant
26 permitted the premises to be used for that use or possession,
27 and knew or should have reasonably known that the substance
28 was used or possessed.
29 (e) A judgment for possession entered under this Section
30 may not be stayed for any period in excess of 7 days by the
31 court. Thereafter the plaintiff shall be entitled to
32 re-enter the premises immediately. The sheriff or other
33 lawfully deputized officers shall give priority to service
34 and execution of orders entered under this Section over other
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1 possession orders.
2 (f) This Section shall not be construed to prohibit the
3 use or possession of cannabis, narcotics, or a controlled
4 substance that has been legally obtained in accordance with a
5 valid prescription for the personal use of a lawful occupant
6 of a dwelling unit.
7 (Source: P.A. 90-557, eff. 6-1-98.)
8 (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
9 Sec. 9-211. Service of demand or notice. Any demand may
10 be made or notice served by delivering a written or printed,
11 or partly written and printed, copy thereof to the tenant, or
12 by leaving the same with some person of the age of 13 years
13 or upwards, residing on or in possession of the premises, or
14 by placing a copy within the rental unit; or by sending a
15 copy of the notice to the tenant by certified or registered
16 mail, with a returned receipt from the addressee; and in case
17 no one is in the actual possession of the premises, then by
18 posting the same on the premises. The landlord's right to
19 serve the written notice by placing a copy within the rental
20 unit shall not be construed as giving the landlord or his or
21 her agent any additional or ancillary right under the lease
22 to enter the tenant's unit.
23 (Source: P.A. 83-355.)
24 (735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
25 Sec. 9-212. Evidence of service. When such demand is made
26 or notice served, the signed return, verified by
27 certification pursuant to Section 1-109 of the Code of Civil
28 Procedure by the server, by an officer authorized to serve
29 process, the officer's return is prima facie evidence of the
30 facts therein stated, and if such demand is made or notice
31 served by any person not an officer, the return may be sworn
32 to by the person serving the same, and is then prima facie
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1 evidence of the facts therein stated.
2 (Source: P.A. 82-280.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect June
11 1, 1998.