(720 ILCS 5/12-5.2)
(from Ch. 38, par. 12-5.2)
Injunction in connection with criminal housing management or aggravated criminal housing management.
(a) In addition to any other remedies, the
State's Attorney of the county where the residential property which
endangers the health or safety of any person exists is authorized to file a
complaint and apply
to the circuit court for a temporary restraining order, and such circuit
court shall upon hearing grant a temporary restraining order or a
preliminary or permanent injunction, without bond, restraining any person
who owns, manages, or has any equitable interest in the property, from
collecting, receiving or benefiting from any rents or other monies
available from the property, so long as the property remains in a condition
which endangers the health or safety of any person.
(b) The court may order any rents or other monies owed to be paid into
an escrow account. The funds are to be paid out of the escrow account only
to satisfy the reasonable cost of necessary repairs of the property which
had been incurred or will be incurred in ameliorating the condition of the
property as described in subsection (a),
payment of delinquent
real estate taxes on the property or payment of other legal debts relating
to the property. The court may order that funds remain in escrow for a
reasonable time after the completion of all necessary repairs to assure
continued upkeep of the property and satisfaction of other outstanding
legal debts of the property.
(c) The owner shall be responsible for contracting to have necessary
repairs completed and shall be required to submit all bills, together with
certificates of completion, to the manager of the escrow account within 30
days after their receipt by the owner.
(d) In contracting for any repairs required pursuant to this
Section the owner of the property shall enter into a contract only after
from at least 3 independent contractors capable of making
the necessary repairs. If the owner does not contract for the repairs with
the lowest bidder, he shall file an affidavit with the court explaining why
the lowest bid was not acceptable. At no time, under the provisions of
this Section, shall the owner contract with anyone who is not a licensed
contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed. The court may order release of those funds in the escrow
account that are in excess of the monies that the court determines to its
satisfaction are needed to correct the condition of the property as
described in subsection (a).
For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor.
(e) The Clerk of the Circuit Court shall maintain a separate trust
account entitled "Property Improvement Trust Account", which shall serve as
the depository for the escrowed funds prescribed by this Section. The
Clerk of the Court shall be responsible for the receipt, disbursement,
monitoring and maintenance of all funds entrusted to this account, and
shall provide to the court a quarterly accounting of the activities for any
property, with funds in such account, unless the court orders accountings
on a more frequent basis.
The Clerk of the Circuit Court shall promulgate rules and procedures to
administer the provisions of this Act.
(f) Nothing in this Section shall in any way be construed to limit or
alter any existing liability incurred, or to be incurred, by the owner or
manager except as expressly provided in this Act. Nor shall anything in
this Section be construed to create any liability on behalf of the Clerk of
the Court, the State's Attorney's office or any other governmental agency
involved in this action.
Nor shall anything in this Section be construed to authorize tenants to
refrain from paying rent.
(g) Costs. As part of the costs of an action under this Section, the
court shall assess a reasonable fee against the defendant to be paid to the
Clerk of the Circuit Court. This amount is to be used solely for the maintenance
of the Property Improvement
Trust Account. No money obtained directly or indirectly from the property
subject to the case may be used to satisfy this cost.
(h) The municipal building department or other entity responsible for
inspection of property and the enforcement of such local requirements
shall, within 5 business days of a request by the State's Attorney,
provide all documents requested, which shall include, but not be limited
to, all records of inspections, permits and other information relating to
(Source: P.A. 96-1551, eff. 7-1-11