100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1562
 
Introduced 2/9/2017, by Sen. Bill Cunningham
 
SYNOPSIS AS INTRODUCED:
 

 



310 ILCS 50/4  from Ch. 67 1/2, par. 854

     Amends the Abandoned Housing Rehabilitation Act. In a provision concerning a court hearing on an organization's petition for temporary possession of property that the organization intends to rehabilitate, requires the organization to demonstrate to the court that: (i) its rehabilitation plan has been approved by the governing body of the municipality within which the property is located or, if the property is located within an unincorporated area, the county board or board of commissioners of the county within which the property is located; and (ii) any plan commission or planning department of the municipality or county within which the property is located has provided input and advice prior to the municipality's or county's approval of the rehabilitation plan.
  


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A BILL FOR
 

  
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1    AN ACT concerning housing.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Abandoned Housing Rehabilitation Act is 
5amended  by changing Section 4 as follows:
 



6    (310 ILCS 50/4)  (from Ch. 67 1/2, par. 854)



7    Sec. 4. 
The proceeding shall be commenced by filing a 
8verified petition
in the circuit court in
the county in which 
9the property is located.  The petition shall
allege the 
10conditions specified in Section 3.
All parties in interest
of 
11the property shall be named as defendants in the petition and 
12summons
shall be issued and service had as in other civil cases 
13pursuant to Section
2-206 of the Code of Civil Procedure.

14    Any defendant may file as part of his answer, as an 
15affirmative defense,
a plan for the rehabilitation of the 
16property.
The court shall grant that defendant 90
days to bring 
17the property into compliance with applicable fire, housing
and 
18building codes.
The court may, for good cause shown, extend
the 
1990-day compliance period.  If the property is brought into such 
20compliance
within the 90-day period or extension of time 
21thereof, the petition shall
be dismissed.  If the defendant 
22fails to bring the property into such compliance
within the 
2390-day period or extension of time thereof, or if the 
 
 
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1defendant's
plan is otherwise insufficient, the defendant's 
2affirmative defense shall
be stricken.

3    At the hearing on the organization's petition, the 
4organization shall submit
to the court a plan for the 
5rehabilitation of the property and present evidence
that the 
6organization has adequate resources to rehabilitate and 
7thereafter
manage the property.  For the purpose of developing 
8such a plan, representatives
of the organization may be 
9permitted entry onto the property by the court
at such times 
10and on such terms as the court may deem appropriate. The 
11organization must also demonstrate to the court that:

12        (1) its rehabilitation plan has been approved by the 
13    governing body of the municipality within which the 
14    property is located or, if the property is located within 
15    an unincorporated area, the county board or board of 
16    commissioners of the county within which the property is 
17    located; and 
18        (2) any plan commission or planning department of the 
19    municipality or county within which the property is located 
20    has provided input and advice prior to the municipality's 
21    or county's approval of the rehabilitation plan.
22(Source: P.A. 85-862.)