97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5179

 

Introduced 2/8/2012, by Rep. Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-120
735 ILCS 5/9-120.5 new

    Amends the Code of Civil Procedure. Provides that a gang-related activity, as defined by the Illinois Streetgang Terrorism Omnibus Prevention Act, is a sufficient basis to terminate a lessee's lease. Provides a procedure and standards for a person who resides, works, or owns property in a building, or a neighbor within a 2-block radius of the building, to report that a tenant in the building is using leased premises in gang-related activity. Provides that this person may give notice of the tenant's gang-related activity and demand that the landlord commence an investigation and a wrongful entry and detainer action. Provides that if the landlord, after receipt of a notice and demand, refuses to investigate or finds no such activity, that the person who issued the notice and demand may petition the court under these provisions to determine if gang-related activity is occurring at the tenant's leased premises, and if so, to order the tenant to vacate the premises. Provides remedies to the prevailing party in an action initiated pursuant to these provisions by a person other than the landlord, in the form of an award of costs and attorney's fees.


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A BILL FOR

 

HB5179LRB097 16992 AJO 64068 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-120 and by adding Section 9-120.5 as
6follows:
 
7    (735 ILCS 5/9-120)
8    Sec. 9-120. Leased premises used in furtherance of a
9criminal offense; lease void at option of lessor or assignee.
10    (a) If any lessee or occupant, on one or more occasions,
11uses or permits the use of leased premises for the commission
12of any act that would constitute a felony or a Class A
13misdemeanor under the laws of this State, the lease or rental
14agreement shall, at the option of the lessor or the lessor's
15assignee become void, and the owner or lessor shall be entitled
16to recover possession of the leased premises as against a
17tenant holding over after the expiration of his or her term. A
18written lease shall notify the lessee that if any lessee or
19occupant, on one or more occasions, uses or permits the use of
20the leased premises for the commission of a felony or Class A
21misdemeanor under the laws of this State, the lessor shall have
22the right to void the lease and recover the leased premises.
23Failure to include this language in a written lease or the use

 

 

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1of an oral lease shall not waive or impair the rights of the
2lessor or lessor's assignee under this Section or the lease.
3This Section shall not be construed so as to diminish the
4rights of a lessor, if any, to terminate a lease for other
5reasons permitted under law or pursuant to the lease agreement.
6    (a-5) If any lessee or occupant, on one or more occasions,
7uses or permits the use of leased premises for gang-related
8activity, as defined in Section 10 of the Illinois Streetgang
9Terrorism Omnibus Prevention Act, the lease or rental agreement
10shall, at the option of the lessor or the lessor's assignee,
11become void and the owner or lessor shall be entitled to
12recover possession of the leased premises as against a tenant
13holding over after the expiration of his or her term. A written
14lease shall notify the lessee that if any lessee or occupant,
15on one or more occasions, uses or permits the use of the leased
16premises for gang-related activity, the lessor shall have the
17right to void the lease and recover the leased premises.
18Failure to include this language in a written lease or the use
19of an oral lease shall not waive or impair the rights of the
20lessor or lessor's assignee under this Section or the lease.
21This Section shall not be construed so as to diminish the
22rights of a lessor, if any, to terminate a lease for other
23reasons permitted under law or pursuant to the lease agreement.
24    (b) The owner or lessor may bring a forcible entry and
25detainer action, or, if the State's Attorney of the county in
26which the real property is located or the corporation counsel

 

 

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1of the municipality in which the real property is located
2agrees, assign to that State's Attorney or corporation counsel
3the right to bring a forcible entry and detainer action on
4behalf of the owner or lessor, against the lessee and all
5occupants of the leased premises. The assignment must be in
6writing on a form prepared by the State's Attorney of the
7county in which the real property is located or the corporation
8counsel of the municipality in which the real property is
9located, as applicable. If the owner or lessor assigns the
10right to bring a forcible entry and detainer action, the
11assignment shall be limited to those rights and duties up to
12and including delivery of the order of eviction to the sheriff
13for execution. The owner or lessor shall remain liable for the
14cost of the eviction whether or not the right to bring the
15forcible entry and detainer action has been assigned.
16    (c) A person does not forfeit any part of his or her
17security deposit due solely to an eviction under the provisions
18of this Section, except that a security deposit may be used to
19pay fees charged by the sheriff for carrying out an eviction.
20    (d) If a lessor or the lessor's assignee voids a lease or
21contract under the provisions of this Section and the tenant or
22occupant has not vacated the premises within 5 days after
23receipt of a written notice to vacate the premises, the lessor
24or lessor's assignee may seek relief under this Article IX.
25Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code,
26judgment for costs against a plaintiff seeking possession of

 

 

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1the premises under this Section shall not be awarded to the
2defendant unless the action was brought by the plaintiff in bad
3faith. An action to possess premises under this Section shall
4not be deemed to be in bad faith when the plaintiff based his
5or her cause of action on information provided to him or her by
6a law enforcement agency, the State's Attorney, or the
7municipality.
8    (e) After a trial, if the court finds, by a preponderance
9of the evidence, that the allegations in the complaint have
10been proven, the court shall enter judgment for possession of
11the premises in favor of the plaintiff and the court shall
12order that the plaintiff shall be entitled to re-enter the
13premises immediately.
14    (f) A judgment for possession of the premises entered in an
15action brought by a lessor or lessor's assignee, if the action
16was brought as a result of a lessor or lessor's assignee
17declaring a lease void pursuant to this Section, may not be
18stayed for any period in excess of 7 days by the court unless
19all parties agree to a longer period. Thereafter the plaintiff
20shall be entitled to re-enter the premises immediately. The
21sheriff or other lawfully deputized officers shall execute an
22order entered pursuant to this Section within 7 days of its
23entry, or within 7 days of the expiration of a stay of
24judgment, if one is entered.
25    (g) Nothing in this Section shall limit the rights of an
26owner or lessor to bring a forcible entry and detainer action

 

 

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1on the basis of other applicable law.
2(Source: P.A. 97-236, eff. 8-2-11.)
 
3    (735 ILCS 5/9-120.5 new)
4    Sec. 9-120.5. Leased premises used in furtherance of
5gang-related activity; demand on landlord to commence action.
6    (a) Any person whose life, safety, health, or use of
7property is harmed or endangered by a tenant's gang-related
8activity, who resides, works, or owns property in the same
9multi-family building or apartment complex or within a 2-block
10radius may serve the landlord with a 10-day notice and demand
11that the landlord commence a forcible entry and detainer action
12against the tenant. The notice and demand must set forth, in
13reasonable detail, facts and circumstances that lead the person
14to believe gang-related activity is occurring. The notice and
15demand shall be served by delivering a copy personally to the
16landlord or the landlord's agent. If the person is unable to
17personally serve the landlord after exercising due diligence,
18the person may deposit the notice and demand in the mail,
19postage prepaid, to the landlord's or the landlord's agent's
20last known address.
21    (b) A copy of the notice and demand must also be served
22upon the tenant engaging in the gang-related activity by
23delivering a copy personally to the tenant. However, if the
24person is prevented from personally serving the tenant due to
25threats or violence, or if personal service is not reasonable

 

 

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1under the circumstances, the person may deposit the notice and
2demand in the mail, postage prepaid, to the tenant's address,
3or leave a copy of the notice and demand in a conspicuous
4location at the tenant's residence.
5    (c) Within 10 days after the time the notice and demand are
6served, the landlord has a duty to take reasonable steps to
7investigate the tenant's alleged non-compliance with
8subsection (a-5) of Section 9-120. The landlord must notify the
9person who gave the notice and demand that an investigation is
10occurring. The landlord has 10 days from the time he or she
11notifies the person in which to conduct a reasonable
12investigation.
13    (d) If, after a reasonable investigation, the landlord
14finds that the tenant is not in compliance with subsection
15(a-5) of Section 9-120, the landlord may proceed directly to
16file a forcible entry and detainer action or take reasonable
17steps to ensure that the tenant discontinues the prohibited
18activity and is not in violation of subsection (a-5) of Section
199-120. The landlord shall notify the person who gave the notice
20and demand of whatever action the landlord takes.
21    (e) If, after a reasonable investigation, the landlord
22finds that the tenant is not in violation of subsection (a-5)
23of Section 9-120, the landlord shall notify the person who gave
24the notice and demand of the landlord's findings.
25    (f) The person who served the notice and demand may
26petition the appropriate court to have the tenancy terminated

 

 

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1and the tenant removed from the premises if: (i) within 10 days
2after service of the notice and demand, the tenant fails to
3discontinue the gang-related activity and the landlord fails to
4conduct a reasonable investigation; (ii) the landlord notifies
5the person that the landlord conducted a reasonable
6investigation and found that the tenant is not engaged in
7gang-related activity as prohibited by subsection (a-5) of
8Section 9-120; or (iii) the landlord took reasonable steps to
9have the tenant comply with subsection (a-5) of Section 9-120,
10but the tenant has failed to comply within a reasonable time.
11    (g) If the court finds that the tenant is not in compliance
12with subsection (a-5) of Section 9-120, the court shall enter
13an order terminating the tenancy and requiring the tenant to
14vacate the premises. The court shall not issue the order
15terminating the tenancy unless it has found that the
16allegations of gang-related activity are corroborated by a
17source other than the person who has petitioned the court.
18    (h) The prevailing party shall recover reasonable
19attorneys' fees and costs. The court may impose sanctions, in
20addition to attorneys' fees, on a person who brought an action
21under this Section against the same tenant on more than one
22occasion if the court finds that the petition was brought with
23the intent to harass. However, the court must order the
24landlord to pay costs and reasonable attorneys' fees to the
25person petitioning for termination of the tenancy if the court
26finds that the landlord failed to comply with the duty to

 

 

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1investigate, regardless of which party prevails.