SB2124 95TH GENERAL ASSEMBLY

LRB095 19293 AJO 45584 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2124

Introduced 2/14/2008, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-106

from Ch. 110, par. 9-106

Amends the Code of Civil Procedure. Provides that no forcible entry action may be filed against an occupant of a single family residence or apartment before January 1, 2010 if the tenant makes timely current rent payments. Provides that nothing in this provision prohibits filing a complaint for past due rent. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 9-106 as follows:

(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)

Sec. 9-106. Pleadings and evidence.

(a) On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons.

(b) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. However, a claim for rent may be joined in the complaint, and judgment may be entered for the amount of rent found due.

(c) No complaint shall be filed under this Article against the occupant of a single family residence or apartment before January 1, 2010, if the party against whom the complaint would be filed is making timely payment of current rent obligations. However, this subsection (c) does not bar the filing of a complaint for past due rent.

(Source: P.A. 90-360, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.