Full Text of HB5170 95th General Assembly
HB5170 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5170
Introduced , by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
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Creates the Relocation Assistance Act. Provides that if a governmental entity notifies a landlord that a dwelling unit will be condemned or will be unlawful to occupy due to conditions that violate applicable codes, statutes, or ordinances, a landlord shall pay relocation assistance to a displaced tenant, unless the condemnation action or no occupancy order results from a natural disaster, a tenant's illegal conduct, or eminent domain. Provides that the landlord shall pay relocation assistance to a displaced tenant of $2,000 per dwelling unit or 3 times the monthly rent, whichever is greater, plus the deposit, interest, and prepaid rent by certified check within 7 days after the governmental entity sent the notice to the landlord. Provides that if the landlord fails to timely complete these payments, a municipality or a county may advance the payments to a displaced tenant and assess a civil penalty of $50 per day against the landlord for each tenant to whom the municipality or county advanced a payment. Provides that the municipality or county may sue to recover the assistance paid, interest, penalties, attorney's fees, and costs. Provides that in an action against a landlord to recover unpaid obligations, a displaced tenant shall recover costs and attorney's fees. Effective immediately.
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A BILL FOR
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HB5170 |
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LRB095 17845 AJO 43924 b |
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| AN ACT in relation to civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Relocation Assistance Act. | 6 |
| Section 5. Relocation assistance. If a municipality or | 7 |
| government agency responsible for the enforcement of building, | 8 |
| housing, health and safety, or other appropriate codes, | 9 |
| statutes, or ordinances, has notified the landlord that a | 10 |
| dwelling unit will be condemned or will be unlawful to occupy | 11 |
| due to conditions that violate applicable codes, statutes, or | 12 |
| ordinances, a landlord shall pay relocation assistance to the | 13 |
| displaced tenants of the dwelling unit. | 14 |
| Section 10. Exceptions to relocation assistance. A | 15 |
| landlord is not required to pay relocation assistance to a | 16 |
| displaced tenant if the condemnation action or no occupancy | 17 |
| order directly results from conditions arising from a natural | 18 |
| disaster, conditions caused by a tenant's illegal conduct | 19 |
| without the landlord's prior knowledge, or the acquisition of | 20 |
| the property by eminent domain. | 21 |
| Section 15. Relocation assistance; timing and form of |
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HB5170 |
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LRB095 17845 AJO 43924 b |
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| payment. | 2 |
| (a) Relocation assistance provided to a displaced tenant | 3 |
| under this Act shall be $2,000 per dwelling unit or 3 times the | 4 |
| monthly rent, whichever is greater. In addition to relocation | 5 |
| assistance, the landlord shall pay to a displaced tenant the | 6 |
| entire amount of any deposit paid by the tenant, any interest | 7 |
| due on the security deposit, and all prepaid rent. | 8 |
| (b) The landlord shall pay relocation assistance and any | 9 |
| paid security deposit, any interest due on the security | 10 |
| deposit, and any prepaid rent to a displaced tenant within 7 | 11 |
| days after the landlord receives notice from the governmental | 12 |
| agency under Section 5. The landlord shall pay relocation | 13 |
| assistance and any prepaid deposit and prepaid rent either by | 14 |
| making individual payments by certified check to a displaced | 15 |
| tenant or by providing a certified check to the governmental | 16 |
| agency or municipality for distribution to a displaced tenant. | 17 |
| Section 20. Local government action. | 18 |
| (a) If a landlord fails to complete payment of relocation | 19 |
| assistance as required under Section 15, a municipality or | 20 |
| county in which the dwelling unit is located may advance the | 21 |
| cost of the relocation assistance to a displaced tenant. | 22 |
| (b) If a municipality or county advances the cost of | 23 |
| relocation assistance funds to a displaced tenant and a | 24 |
| landlord fails to repay the amount of relocation assistance | 25 |
| advanced by the municipality or county, the municipality or |
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HB5170 |
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LRB095 17845 AJO 43924 b |
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| county shall assess a civil penalty against the landlord in the | 2 |
| amount of $50 per day for each tenant to whom the municipality | 3 |
| or county has advanced a relocation assistance payment. In | 4 |
| addition, interest shall accrue on the amount of relocation | 5 |
| assistance paid by the municipality or county for which the | 6 |
| landlord has not reimbursed the municipality or county. | 7 |
| (c) If a municipality or county must initiate legal action | 8 |
| to recover the amount of relocation assistance payments that it | 9 |
| has advanced to a tenant, including any interest and penalties | 10 |
| under this Section, a municipality or county is entitled to | 11 |
| attorney's fees and costs arising from its legal action. | 12 |
| Section 25. Tenant recovery. In any action brought by a | 13 |
| displaced tenant to recover any payments or damages required or | 14 |
| authorized by this Act that are not paid by the landlord or | 15 |
| advanced by a municipality or county, the displaced tenant is | 16 |
| also entitled to recover the tenant's costs of suit and | 17 |
| reasonable attorney's fees.
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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