SB2124sam003 95TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 4/10/2008

09500SB2124sam003 LRB095 19293 AJO 49179 a

AMENDMENT TO SENATE BILL 2124

AMENDMENT NO. ______. Amend Senate Bill 2124, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 9-106 and by adding Section 9-121 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.

Except as provided in subsection (b) of this Section, the 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.

(b) In the event a jury demand is filed by a defendant or a defendant is granted a continuance in excess of 10 days from the first date the case is heard before a judge:

(1) A verified answer shall be filed that specifically sets forth whether there is a denial of or a defense to the service of the notice from the plaintiff, if a notice is required to obtain a judgment. Notices include, but are not limited to, a demand for possession, 5 day notice, and notice terminating a tenancy. If there is a defense or denial, the specifics shall be set forth. If there is no defense or denial, the defendant shall specifically state that the notice was duly served and there are no defenses thereto; and

(2) In addition, the verified answer shall state the dollar amount of rent the defendant believes is due. If that amount is different from the amount claimed by the plaintiff, the defendant shall give specifics as to the basis for the difference and attach copies of any documentation supporting defendant's verified answer.

(c) A failure to provide a verified answer or to raise and specify the defenses as required by subsection (b) shall be deemed an admission by the defendant that there are no defenses to either service of notice or the past due rent claimed.

(d) The clerk of the court may prepare a form for use by a defendant to comply with this Section, but the failure to do so shall not affect the admissions under subsection (c).

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

(735 ILCS 5/9-121 new)

Sec. 9-121. Stay of judgment for possession. Enforcement of a judgment for possession in all actions for forcible entry and detainer on Illinois real estate where the sole basis for the judgment is non-payment of past rent against the occupant of a single family residence or apartment, including condominiums, shall be stayed until January 1, 2010, if prior to the entry of the final judgment the actual tenant under a lease or rental agreement tenders and thereafter makes timely payments of current rent.

In the event current rent is not paid on a timely basis after an order is entered that does not allow enforcement of the possession portion of the order, the court on appropriate motion shall enter an order allowing enforcement of possession 7 days after entry of said order.

Nothing in this Section is intended to preclude an action or joint action for past due rent or immediate enforcement of a judgment for past due rent. This Section excludes actions where the judgment is against a tenant whose occupancy is for a term of less than month-to-month or whose rent, or a portion thereof, is paid to the landlord by any federal or State agency or unit of local government.

This Section excludes all actions in which: there is a new landlord who is the purchaser of the property after a judgment of foreclosure and sale; the landlord is an entity created by a federal or State agency or unit of local government; the tenant is found to have breached the rental agreement other than by failing to pay past rent; or the basis for the action for possession is based upon a statute concerning eminent domain, drug use, or other specific matter. For the purpose of this Section, "past rent" means any monetary payment due to the landlord, including but not limited to security deposits, penalties, attorney's fees, and similar charges.".