Full Text of HB3690 96th General Assembly
HB3690sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/8/2009
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| AMENDMENT TO HOUSE BILL 3690
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| AMENDMENT NO. ______. Amend House Bill 3690 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 9-104, 9-104.1, 9-104.2, and 9-211 as | 6 |
| follows:
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| (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
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| Sec. 9-104. Demand - Notice - Return. The demand required | 9 |
| by Section
9-102 of this Act may be made by delivering a copy
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| thereof to the tenant, or by leaving such a copy with some | 11 |
| person of the
age of 13 years or upwards, residing on, or being | 12 |
| in charge of, the premises;
or in case no one is in the actual | 13 |
| possession of the premises, then by
posting the same on the | 14 |
| premises; or if those in possession are unknown
occupants who | 15 |
| are not parties to any written lease, rental agreement, or | 16 |
| right
to possession agreement for the premises, then by |
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| delivering a copy of the
notice, directed to "unknown | 2 |
| occupants", to the occupant or by leaving a copy
of the notice | 3 |
| with some person of the age of 13 years or upwards
occupying | 4 |
| the premises, or by posting a copy of the notice on the | 5 |
| premises
directed to "unknown occupants". When such demand is | 6 |
| made by
an officer authorized to serve process, his or her | 7 |
| return is prima facie
evidence of the facts therein stated, and | 8 |
| if such demand is made by any
person not an officer, the return | 9 |
| may be sworn to by the person serving
the same, and is then | 10 |
| prima facie evidence of the facts therein
stated. The demand | 11 |
| for possession may be in the following form:
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| To ....
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| I hereby demand immediate possession of the following | 14 |
| described
premises: (describing the same.)
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| The demand shall be signed by the person claiming such | 16 |
| possession,
his or her agent, or attorney.
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| In counties with a population of 3,000,000 or more, the | 18 |
| demand required by Section 9-102 of this Act shall state the | 19 |
| name and date of birth of each known occupant of the premises | 20 |
| and the name of each known occupant who has a disability, as | 21 |
| defined by Section 10 of the Disabilities Services Act of 2003, | 22 |
| and who self-reported the disability to the person claiming | 23 |
| such possession. | 24 |
| The changes made by this amendatory Act of the 96th General | 25 |
| Assembly do not apply to public housing programs, assisted | 26 |
| under the United States Housing Act of 1937, as amended, 42 |
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| U.S.C. 1437 et seq., and its implementing regulations, | 2 |
| including the tenant-based Housing Choice Voucher program. | 3 |
| Public housing programs include premises assisted with housing | 4 |
| choice vouchers and dwelling units in mixed-finance projects | 5 |
| that are assisted through a public housing authority's capital, | 6 |
| operating, or other funds. | 7 |
| (Source: P.A. 92-823, eff. 8-21-02 .)
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| (735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
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| Sec. 9-104.1. Demand; Notice; Return; Condominium and | 10 |
| Contract
Purchasers.
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| (a) In case there is a contract for the purchase of such | 12 |
| lands
or tenements or in case of condominium property, the | 13 |
| demand shall give the
purchaser under such contract, or to the | 14 |
| condominium unit owner, as the
case may be, at least 30 days to | 15 |
| satisfy the terms of the demand before an
action is filed. In | 16 |
| case of a condominium unit, the demand shall set forth
the | 17 |
| amount claimed which must be paid within the time prescribed in | 18 |
| the
demand and the time period or periods when the amounts were | 19 |
| originally due,
unless the demand is for compliance with | 20 |
| Section 18(n) of the Condominium
Property Act, in which case | 21 |
| the demand shall set forth the nature of the
lease and | 22 |
| memorandum of lease or the leasing requirement not satisfied.
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| The amount claimed shall include regular or special | 24 |
| assessments, late
charges or interest for delinquent | 25 |
| assessments, and attorneys' fees claimed
for services incurred |
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| prior to the demand. Attorneys' fees claimed by
condominium | 2 |
| associations in the demand shall be subject to review by the
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| courts in any forcible entry and detainer proceeding under | 4 |
| subsection (b) of Section 9-111
of this Act.
The demand shall | 5 |
| be signed by the person claiming such possession, his or
her | 6 |
| agent, or attorney.
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| (b) In the case of a condominium unit, the demand is not | 8 |
| invalidated by
partial payment of amounts due if the payments | 9 |
| do not, at the end of the
notice period, total the amounts | 10 |
| demanded in the notice for common
expenses, unpaid fines, | 11 |
| interest, late charges, reasonable attorney fees
incurred | 12 |
| prior to the initiation of any court action and costs of
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| collection. The person claiming possession, or his or her agent | 14 |
| or
attorney, may, however, agree in writing to withdraw the | 15 |
| demand in exchange
for receiving partial payment. To prevent | 16 |
| invalidation, the notice must
prominently state:
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| "Only FULL PAYMENT of all amounts demanded in this notice | 18 |
| will invalidate
the demand, unless the person claiming | 19 |
| possession, or his or her agent or
attorney, agrees in writing | 20 |
| to withdraw the demand in exchange for
receiving partial | 21 |
| payment."
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| (c) The demand set forth in subsection (a) of this Section | 23 |
| shall be
served either personally upon such purchaser or | 24 |
| condominium unit owner or
by sending the demand thereof by | 25 |
| registered or certified mail with return
receipt requested to | 26 |
| the last known address of such purchaser or condominium
unit |
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| owner or in case no one is in the actual possession of the | 2 |
| premises,
then by posting the same on the premises. When such | 3 |
| demand is made by an
officer authorized to serve process, his | 4 |
| or her return is prima facie
evidence of the facts therein | 5 |
| stated and if such demand is made by any
person not an officer, | 6 |
| the return may be sworn to by the person serving the
same, and | 7 |
| is then prima facie evidence of the facts therein stated.
To be | 8 |
| effective service under this Section, a demand sent by | 9 |
| certified or
registered mail to the last known address need not | 10 |
| be received by the
purchaser or condominium unit owner.
No
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| other demand shall be required as a prerequisite to filing an | 12 |
| action under
paragraph (7) of subsection (a) of Section 9-102 | 13 |
| of this Act.
Service of the demand by registered or certified | 14 |
| mail shall be deemed
effective upon deposit in the United | 15 |
| States mail with proper postage prepaid
and addressed as | 16 |
| provided in this subsection.
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| (d) In counties with a population of 3,000,000 or more, the | 18 |
| demand set forth in subsection (a) of this Section shall state | 19 |
| the name and date of birth of each known occupant of the | 20 |
| premises and the name of each known occupant who has a | 21 |
| disability, as defined by Section 10 of the Disabilities | 22 |
| Services Act of 2003, and who self-reported the disability to | 23 |
| the plaintiff. The plaintiff will also provide a physical | 24 |
| description of the structure in the demand to include the | 25 |
| number of stories and if it is a multiple unit structure. | 26 |
| The changes made by this amendatory Act of the 96th General |
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| Assembly do not apply to public housing programs, assisted | 2 |
| under the United States Housing Act of 1937, as amended, 42 | 3 |
| U.S.C. 1437 et seq., and its implementing regulations, | 4 |
| including the tenant-based Housing Choice Voucher program. | 5 |
| Public housing programs include premises assisted with housing | 6 |
| choice vouchers and dwelling units in mixed-finance projects | 7 |
| that are assisted through a public housing authority's capital, | 8 |
| operating, or other funds. | 9 |
| (Source: P.A. 90-496, eff. 8-18-97.)
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| (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
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| Sec. 9-104.2. Demand - Notice - Termination of Lease and | 12 |
| Possession of a
Condominium.
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| (a) Unless the Board of Managers is seeking to
terminate | 14 |
| the right of possession of a tenant or other occupant of a unit
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| under
an existing lease or other arrangement with the owner
of | 16 |
| a unit, no demand nor summons need be served upon the tenant or | 17 |
| other
occupant in connection
with an action brought under | 18 |
| paragraph (7) of subsection (a) of Section
9-102 of this | 19 |
| Article.
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| (a-5) The Board of Managers may seek to terminate
the right | 21 |
| of possession of a tenant or other occupant of a unit under an
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| existing lease or other arrangement between the tenant or other | 23 |
| occupant and
the defaulting owner of a unit, either within the | 24 |
| same action against the unit
owner under paragraph (7) of | 25 |
| subsection (a) of Section 9-102 of this Article or
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| independently thereafter under other paragraphs of that | 2 |
| subsection. If a
tenant or other occupant of a unit is joined | 3 |
| within
the same action against the defaulting unit owner under | 4 |
| paragraph (7),
only the unit owner and not the tenant or other | 5 |
| occupant
need to be served with 30 days prior written notice as
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| provided in this Article.
The tenant or other occupant may be | 7 |
| joined as additional defendants at the
time the suit is filed
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| or at any time thereafter prior to execution of judgment for | 9 |
| possession by
filing, with or without prior leave of the court, | 10 |
| an amended complaint and
summons for trial. If the complaint | 11 |
| alleges that the unit is occupied or may
be occupied by persons | 12 |
| other than or in addition to the unit owner of record,
that the | 13 |
| identities of the persons are concealed and unknown, they may | 14 |
| be named
and joined as defendant "Unknown Occupants". Summons | 15 |
| may be served on the
defendant "Unknown Occupants" by the | 16 |
| sheriff or court appointed process server
by leaving a copy at | 17 |
| the unit with any person residing at the unit of the age
of
13 | 18 |
| years or greater, and if the summons is returned without | 19 |
| service stating
that service cannot be obtained, constructive | 20 |
| service may be obtained pursuant
to Section 9-107 of this Code | 21 |
| with notice mailed to "Unknown Occupants" at the
address of the | 22 |
| unit. If prior to execution of judgment for possession the
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| identity of a defendant or defendants served in this manner is | 24 |
| discovered, his
or her name or names
and the record may be | 25 |
| corrected upon hearing pursuant to notice of motion
served upon | 26 |
| the identified defendant or defendants at the unit in the |
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| manner
provided by
court rule for service of notice of motion.
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| If however an action under paragraph (7) was brought
against | 3 |
| the defaulting unit owner only, and after obtaining judgment | 4 |
| for
possession and expiration of the stay on enforcement the | 5 |
| Board of Managers
elects not to accept a tenant or occupant in | 6 |
| possession as its own and to
commence a separate action, | 7 |
| written
notice of the judgment against the unit owner and | 8 |
| demand to quit the premises
shall be served on the tenant or | 9 |
| other occupant in the manner provided under
Section 9-211 at
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| least 10 days prior to bringing suit to recover possession from | 11 |
| the tenant or
other occupant.
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| (b) If a judgment for possession is granted to the Board of | 13 |
| Managers under
Section 9-111, any interest of the unit owner to | 14 |
| receive rents under any
lease arrangement shall
be deemed | 15 |
| assigned to the Board of Managers until such time as the | 16 |
| judgment is
vacated.
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| (c) If a judgment for possession is entered, the Board of | 18 |
| Managers may
obtain from the clerk of the court an | 19 |
| informational certificate notifying any
tenants
not parties to | 20 |
| the proceeding of the assignment of the unit owner's interest
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| in the lease arrangement to the Board of Managers
as a result | 22 |
| of the entry of the judgment for possession and stating that
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| any rent hereinafter due the unit owner or his agent under the | 24 |
| lease
arrangement should be paid to the Board of Managers until | 25 |
| further order of
court. If the tenant pays his rent to the | 26 |
| association pursuant to the
entry of such a judgement for |
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| possession, the unit owner may not sue said
tenant for any such | 2 |
| amounts the tenant pays the association.
Upon service of the | 3 |
| certificate on the tenant in the manner provided by
Section | 4 |
| 9-211 of this Code, the tenant shall be obligated to pay the | 5 |
| rent under
the lease arrangement to the Board of Managers as it | 6 |
| becomes due. If the
tenant thereafter fails and refuses to pay | 7 |
| the rent, the Board of Managers may
bring an action for | 8 |
| possession after making a demand for rent in accordance
with | 9 |
| Section 9-209 of this Code.
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| (c-5) In an action against the unit owner and lessee to | 11 |
| evict a lessee for
failure of the lessor/owner of the | 12 |
| condominium unit to comply with the leasing
requirements | 13 |
| prescribed by subsection (n) of Section 18 of the Condominium
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| Property Act or by
the declaration, bylaws, and rules and | 15 |
| regulations of the condominium, or
against a lessee for any | 16 |
| other breach by the lessee of any covenants, rules,
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| regulations, or bylaws of the condominium, the demand shall | 18 |
| give the lessee at
least 10 days to quit and vacate the unit. | 19 |
| The notice shall be substantially
in the following form:
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| "TO A.B. You are hereby notified that in consequence of | 21 |
| (here insert
lessor-owner name) failure to comply with the | 22 |
| leasing requirements prescribed
by Section 18(n) of the | 23 |
| Condominium Property Act or by the declaration, bylaws,
and | 24 |
| rules and regulations of the condominium, or your default | 25 |
| of any covenants,
rules, regulations or bylaws of the | 26 |
| condominium, in (here insert the character
of the default) |
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| of the premises now occupied by you, being (here described | 2 |
| the
premises) the Board of Managers of (here describe the | 3 |
| condominium) Association
elects to terminate your lease, | 4 |
| and you are hereby notified to quit and vacate
same within | 5 |
| 10 days of this date.".
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| The demand shall be signed by the Board of Managers, its | 7 |
| agent, or attorney
and shall be served either personally upon | 8 |
| the lessee with a copy to the unit
owner or by sending the | 9 |
| demand thereof by registered or certified mail with
return | 10 |
| receipt requested to the unit occupied by the lessee and to the | 11 |
| last
known address of the unit owner, and no other demand of | 12 |
| termination of such
tenancy shall be required. To be effective | 13 |
| service under this Section, a
demand sent by certified mail, | 14 |
| return receipt requested, to the unit occupied
by the lessee | 15 |
| and to the last known address of the unit owner need not be
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| received by the lessee or condominium unit owner.
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| (d) Nothing in this Section 9-104.2 is intended to confer | 18 |
| upon a Board of
Managers any greater authority with respect to | 19 |
| possession of a unit after a
judgment than was previously | 20 |
| established by this Act.
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| (e) In counties with a population of 3,000,000 or more, the | 22 |
| demand set forth in subsection (c-5) of this Section shall | 23 |
| state the name and date of birth of each known occupant of the | 24 |
| premises and the name of each known occupant who has a | 25 |
| disability, as defined by Section 10 of the Disabilities | 26 |
| Services Act of 2003, and who self-reported the disability to |
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| the Board of Managers. | 2 |
| The changes made by this amendatory Act of the 96th General | 3 |
| Assembly do not apply to public housing programs, assisted | 4 |
| under the United States Housing Act of 1937, as amended, 42 | 5 |
| U.S.C. 1437 et seq., and its implementing regulations, | 6 |
| including the tenant-based Housing Choice Voucher program. | 7 |
| Public housing programs include premises assisted with housing | 8 |
| choice vouchers and dwelling units in mixed-finance projects | 9 |
| that are assisted through a public housing authority's capital, | 10 |
| operating, or other funds. | 11 |
| (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
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| (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
| 13 |
| Sec. 9-211. Service of demand or notice. Any demand may be | 14 |
| made or notice
served by delivering a
written or printed, or | 15 |
| partly written and printed, copy thereof to the
tenant, or by | 16 |
| leaving the same with some person of the age
of 13
years or | 17 |
| upwards, residing on or in possession of the premises; or by | 18 |
| sending a
copy of the notice to the tenant by certified or | 19 |
| registered mail, with
a returned receipt from the addressee; | 20 |
| and in case no one is in the
actual possession of the premises, | 21 |
| then by posting the same on the
premises.
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| In counties with a population of 3,000,000 or more, the | 23 |
| demand shall state the name and date of birth of each known | 24 |
| occupant of the premises and the name of each known occupant | 25 |
| who has a disability, as defined by Section 10 of the |
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| Disabilities Services Act of 2003, and who self-reported the | 2 |
| disability to the landlord. | 3 |
| The changes made by this amendatory Act of the 96th General | 4 |
| Assembly do not apply to public housing programs, assisted | 5 |
| under the United States Housing Act of 1937, as amended, 42 | 6 |
| U.S.C. 1437 et seq., and its implementing regulations, | 7 |
| including the tenant-based Housing Choice Voucher program. | 8 |
| Public housing programs include premises assisted with housing | 9 |
| choice vouchers and dwelling units in mixed-finance projects | 10 |
| that are assisted through a public housing authority's capital, | 11 |
| operating, or other funds. | 12 |
| (Source: P.A. 83-355.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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