Full Text of HB3863 96th General Assembly
HB3863ham001 96TH GENERAL ASSEMBLY
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Rep. William D. Burns
Filed: 4/1/2009
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| AMENDMENT TO HOUSE BILL 3863
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| AMENDMENT NO. ______. Amend House Bill 3863 on page 1, line | 3 |
| 5, by deleting "15-1504.5, 15-1508,"; and
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| on page 1, line 6, by changing "15-1504.6, and 15-1508.5" to | 5 |
| "15-1202.5 and 15-1508.5"; and
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| by replacing lines 8 through 21 of page 1, all of pages 2 | 7 |
| through 5, and lines 1 through 11 of page 6 with the following: | 8 |
| "(735 ILCS 5/15-1202.5 new)
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| Sec. 15-1202.5. Dwelling Unit. "Dwelling unit" means a room | 10 |
| or suite of rooms providing complete, independent living | 11 |
| facilities for at least one person, including permanent | 12 |
| provisions for sanitation, cooking, eating, sleeping, and | 13 |
| other activities routinely associated with daily life. "; and | 14 |
| on page 6, by replacing lines 15 through 20 with the following: |
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| " (a) The holder of the certificate of sale or deed issued | 2 |
| pursuant to that certificate or, if no certificate or deed was | 3 |
| issued, the purchaser, shall:
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| (1) following the judicial sale under Section 15-1507, | 5 |
| but not later than 14 days after the confirmation of sale | 6 |
| under Section 15-1508, make a good faith effort to | 7 |
| ascertain the identities and addresses of all occupants of | 8 |
| dwelling units of the mortgaged real estate; and | 9 |
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(2) following the order confirming sale under Section | 10 |
| 15-1508, but not later than 21 days after the order | 11 |
| confirming sale, notify all known occupants of dwelling | 12 |
| units of the mortgaged real estate that he or she has | 13 |
| acquired the mortgaged real estate, including any | 14 |
| occupants identified as a result of the good faith effort | 15 |
| required under this subsection. The holder or purchaser is | 16 |
| not required to provide the notice required by this Section | 17 |
| to a mortgagor or party against whom an order of possession | 18 |
| has been entered authorizing the removal of the mortgagor | 19 |
| or party pursuant to Section 15-1508(g). "; and
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| on page 6, line 21, by inserting " (2) " after " (a) "; and
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| on page 6, by replacing lines 23 through 25 with the following: | 22 |
| " (1) identify the occupant being served by name; | 23 |
| (2) inform the occupant that the mortgaged real estate | 24 |
| is the subject of a foreclosure action and that control of |
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| the mortgaged real estate has changed; "; and
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| on page 7, line 1, by replacing " (2) " with " (3) "; and
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| on page 7, lines 2 and 3, by deleting " to whom the occupants | 4 |
| should pay rent and "; and
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| on page 7, by replacing lines 6 through 19 with the following: | 6 |
| " (4) include the following language, or language that | 7 |
| is substantially similar:
"This is NOT a notice to vacate | 8 |
| the premises. You will receive additional notice if your | 9 |
| lease or rental agreement is being terminated. You may wish | 10 |
| to contact a lawyer or your local legal aid or housing | 11 |
| counseling agency to discuss any rights that you may | 12 |
| have."; and "; and | 13 |
| on page 7, line 23, by inserting " (2) " after " (a) "; and | 14 |
| on page 7, line 24, by inserting " known " before " occupant "; and | 15 |
| on page 7, line 25, by inserting " who is " after " older, "; and
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| on page 8, by replacing lines 1 through 13 with the following: | 17 |
| " the notice to the known occupant by first-class mail, | 18 |
| addressed to the occupant by name. | 19 |
| (d) In the event that the holder or purchaser ascertains |
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| the identity and address of an occupant of a dwelling unit of | 2 |
| the mortgaged real estate more than 14 days after the | 3 |
| confirmation of sale under Section 15-1508, the holder or | 4 |
| purchaser shall provide the notice required by subsection | 5 |
| (a)(2) within 7 days of ascertaining the identity and address | 6 |
| of the occupant. | 7 |
| (e)(i) A holder or purchaser who fails to comply with | 8 |
| subsections (a), (b), (c), and (d) may not collect any rent due | 9 |
| and owing from a known occupant, or terminate a known | 10 |
| occupant's tenancy for non-payment of such rent, until the | 11 |
| holder or purchaser has served the notice described in | 12 |
| subsection (a)(2) of this Section 15-1508.5 upon the occupant. | 13 |
| The provisions of this subsection shall be the exclusive remedy | 14 |
| for the failure of a holder or purchaser to provide notice | 15 |
| under this Section. | 16 |
| (ii) An occupant who previously paid rent for the current | 17 |
| rental period to the mortgagor, or other entity with the | 18 |
| authority to operate, manage, and conserve the mortgaged real | 19 |
| estate at the time of payment, shall not be held liable for | 20 |
| that rent by the holder or purchaser, and the occupant's | 21 |
| tenancy shall not be terminated for non-payment of rent for | 22 |
| that rental period. | 23 |
| (f) Following the confirmation of sale, a holder or | 24 |
| purchaser may request, in writing, a copy of the lease or | 25 |
| rental agreement of an occupant who has been served the notice | 26 |
| prescribed in subsection (a)(2) of this Section, or the notice |
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| prescribed in subsection (a-5)(2) of Section 15-1703. An | 2 |
| occupant who has received a request shall provide the holder or | 3 |
| purchaser with a copy of any lease or rental agreement, or make | 4 |
| such lease or rental agreement available for duplication to the | 5 |
| holder or purchaser, within 14 days of receiving the request. | 6 |
| In the event that there is no written lease or rental | 7 |
| agreement, or if the occupant cannot produce such agreement, | 8 |
| the occupant may provide a statement, verbally or in writing, | 9 |
| about the terms of his or her possession of the unit, including | 10 |
| the term of the tenancy, the amount of periodic rental | 11 |
| payments, if any, and when rent is due. An occupant shall not | 12 |
| unreasonably withhold information requested by a holder or | 13 |
| purchaser under this subsection. A holder or purchaser shall | 14 |
| include the following in a request under this subsection: (1) | 15 |
| the specific information or documentation requested; (2) a | 16 |
| mailing address, an electronic mail address if available, and a | 17 |
| telephone number for responses to the request; (3) that the | 18 |
| occupant shall respond within 14 days of receiving the request. | 19 |
| The request under this subsection shall be served in the same | 20 |
| manner described in subsection (c) of this Section, and may be | 21 |
| served concurrently with the notice required under subsection | 22 |
| (a)(2) of this Section. An occupant's failure to comply with | 23 |
| the requirements of this subsection shall create the rebuttable | 24 |
| presumption, in a proceeding under Section 15-1701(h)(1), that | 25 |
| the term of the occupant's current leasehold interest is not | 26 |
| more than 30 days. |
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| (g) Within 14 days of the confirmation of sale under | 2 |
| Section 15-1508, the holder or purchaser shall post a written | 3 |
| notice on the primary entrance of each dwelling unit subject to | 4 |
| the foreclosure action. This notice shall: | 5 |
| (1) inform the occupant that the dwelling unit is the | 6 |
| subject of a foreclosure action and that control of the | 7 |
| mortgaged real estate has changed; | 8 |
| (2) include the following language: "This is NOT a | 9 |
| notice to vacate the premises." | 10 |
| (3) provide the name, address, and telephone number of | 11 |
| the individual or entity whom occupants may contact with | 12 |
| concerns about the mortgaged real estate or to request | 13 |
| repairs of the property; | 14 |
| (h) In the event that the holder or purchaser is a | 15 |
| mortgagee in possession of the mortgaged real estate pursuant | 16 |
| to Section 15-1703 at the time of the confirmation of sale and | 17 |
| has complied with requirements of subsection (a-5) of Section | 18 |
| 15-1703, the holder or purchaser is excused from the | 19 |
| requirements of subsections (a) and (g) of this Section | 20 |
| 15-1508.5. "; and | 21 |
| by replacing lines 17 through 26 of page 11 and lines 1 through | 22 |
| 4 of page 12 with the following:
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| "the order confirming the sale is entered. Following the | 24 |
| confirmation of sale and until the right of possession of an | 25 |
| occupant of a dwelling unit of the mortgaged real estate has |
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| been terminated, the holder or purchaser shall: (i) maintain | 2 |
| any essential utility services that had been the obligation of | 3 |
| the mortgagor, receiver, or mortgagee in possession prior to | 4 |
| the order confirming sale; (ii) maintain the mortgaged real | 5 |
| estate in the same physical condition as had been the | 6 |
| obligation of the mortgagor, receiver, or mortgagee in | 7 |
| possession prior to the confirmation of sale; and (iii) | 8 |
| maintain the mortgaged real estate in compliance with the | 9 |
| requirements of State and local law. Nothing in this subsection | 10 |
| shall prohibit the holder or purchaser and an occupant from | 11 |
| entering into a new lease agreement that changes their | 12 |
| respective utility obligations. "; and | 13 |
| on page 14, by replacing lines 11 through 17 with the | 14 |
| following: | 15 |
| "(4) In a case of foreclosure where the occupant tenant | 16 |
| is current on his or her rent, or where timely written | 17 |
| notice of to whom and where the rent is to be paid has not | 18 |
| been provided to the occupant tenant , or where the occupant | 19 |
| tenant has made good-faith efforts to make rental payments | 20 |
| in order to keep current, any order of possession must | 21 |
| allow the occupant tenant to retain possession of"; and | 22 |
| by replacing lines 21 through 26 of page 14 and line 1 of page | 23 |
| 15 with the following: | 24 |
| " the occupant, or through the duration of his or her |
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| lease, whichever is shorter, but in no event less than 30 | 2 |
| days after entry of the order of possession. A mortgagee in | 3 |
| possession, receiver, or holder of a certificate of sale or | 4 |
| deed, or purchaser at the judicial sale who asserts that | 5 |
| the occupant is not current in rent at the time the | 6 |
| supplemental petition is filed shall attach an affidavit to | 7 |
| that effect to the supplemental petition. If the occupant | 8 |
| the tenant, or (ii) through the duration of his or her | 9 |
| lease, whichever is shorter. If the tenant has been given | 10 |
| timely written notice of to whom and where the rent is to | 11 |
| be paid, this item (4) shall only apply if the occupant | 12 |
| tenant continues to pay his or her rent in full during the | 13 |
| 120-day period or has made good-faith efforts to pay the | 14 |
| rent in full during that period.
No | 15 |
| mortgagee-in-possession,"; and | 16 |
| by replacing lines 8 through 26
of page 15 and lines 1 and 2 of | 17 |
| page 16 with the following: | 18 |
| "has been properly served upon the occupant tenant ."; and | 19 |
| by replacing lines 10 through 26
of page 17 and line 1 of page | 20 |
| 18 with the following: | 21 |
| " (1) Within 14 days of taking possession of the | 22 |
| mortgaged real estate, the mortgagee in possession shall | 23 |
| make a good faith effort to ascertain the identities and | 24 |
| addresses of all occupants of dwelling units of the |
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| mortgaged real estate. | 2 |
| (2) Within 21 days of taking possession of the | 3 |
| mortgaged real estate, the mortgagee in possession shall | 4 |
| notify all known occupants of dwelling units of the | 5 |
| mortgaged real estate, including any occupants identified | 6 |
| as a result of the good faith effort required under this | 7 |
| subsection, that he or she has taken possession of the | 8 |
| mortgaged real estate. The notice shall be in writing and | 9 |
| shall: | 10 |
| (i) identify the occupant being served by name; | 11 |
| (ii) inform the occupant that the mortgaged real | 12 |
| estate is the subject of a foreclosure action and that | 13 |
| control of the mortgaged real estate has changed; | 14 |
| (iii) provide the name, address, and telephone | 15 |
| number of the individual or entity whom occupants may | 16 |
| contact with concerns about the mortgaged real estate | 17 |
| or to request repairs of that property; | 18 |
| (iv) include the following language, or language | 19 |
| that is substantially similar: | 20 |
| "This is NOT a notice to vacate the premises. You | 21 |
| will receive additional notice if your lease or rental | 22 |
| agreement is being terminated. You may wish to contact | 23 |
| a lawyer or your local legal aid or housing counseling | 24 |
| agency to discuss any rights that you may have." "; and
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| on page 18, line 2, by replacing " (iv) " with " (v) "; and
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| on page 18, line 4, by replacing " (2) " with " (3) "; and
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| on page 18, line 4, by replacing " item (1) " with " item (2) "; | 3 |
| and | 4 |
| on page 18, line 6, by inserting " known " before " occupant "; and | 5 |
| on page 18, line 7, by inserting " who is " after " older, "; and
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| on page 18, by replacing lines 9 through 23 with the following: | 7 |
| " notice to the known occupant by first-class mail, | 8 |
| addressed to the occupant by name. | 9 |
| (4) In the event that a mortgagee in possession | 10 |
| ascertains the identity and address of an occupant of a | 11 |
| dwelling unit of the mortgaged real estate more than 14 | 12 |
| days after taking possession of the mortgaged real estate, | 13 |
| the mortgagee in possession shall provide the notice | 14 |
| required by subsection (a-5)(2) within 7 days of | 15 |
| ascertaining the identity and address of the occupant. | 16 |
| (5)(i) A mortgagee in possession who fails to comply | 17 |
| with items (2), (3), and (4) of this subsection (a-5) may | 18 |
| not collect any rent due and owing from a known occupant, | 19 |
| or terminate a known occupant's tenancy for non-payment of | 20 |
| such rent, until the mortgagee in possession has served the | 21 |
| notice described in item (2) of this subsection (a-5) upon |
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| the occupant. The provisions of this subsection shall be | 2 |
| the exclusive remedy for the failure of a mortgagee in | 3 |
| possession to provide notice under this Section. | 4 |
| (ii) An occupant who previously paid rent for the | 5 |
| current rental period to the mortgagor, or other entity | 6 |
| with the authority to operate, manage, and conserve the | 7 |
| mortgaged real estate at the time of payment, shall not be | 8 |
| held liable for that rent by the mortgagee in possession, | 9 |
| and the occupant's tenancy shall not be terminated for | 10 |
| non-payment of rent for that rental period. | 11 |
| (6) Within 14 days of the order allowing the mortgagee | 12 |
| to take possession of the mortgaged real estate, the | 13 |
| mortgagee in possession shall post a written notice on the | 14 |
| primary entrance of each dwelling unit subject to the | 15 |
| foreclosure action that informs the occupants that the | 16 |
| mortgagee in possession is now operating and managing the | 17 |
| mortgaged real estate. This written notice shall: (i) | 18 |
| inform the occupant that the dwelling unit is the subject | 19 |
| of a foreclosure action and that control of the mortgaged | 20 |
| real estate has changed; (ii) include the following | 21 |
| language: "This is NOT a notice to vacate the premises"; | 22 |
| and (iii) provide the name, address, and telephone number | 23 |
| of the individual or entity whom occupants may contact with | 24 |
| concerns about the mortgaged real estate or to request | 25 |
| repairs of the property. "; and |
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| on page 21, by replacing lines 10 through 13 with the | 2 |
| following: | 3 |
| " (3) shall: (i) maintain any essential utility | 4 |
| services that had been the obligation of the mortgagor | 5 |
| prior to an order appointing a receiver or allowing the | 6 |
| mortgagee to take possession of the mortgaged real estate; | 7 |
| (ii) maintain the mortgaged real estate in the same | 8 |
| physical condition as had been the obligation of the | 9 |
| mortgagor prior to an order appointing a receiver or | 10 |
| allowing the mortgagee to take possession of the mortgaged | 11 |
| real estate; and (iii) maintain the mortgaged real estate | 12 |
| in compliance with the requirements of State and local | 13 |
| law; "; and | 14 |
| by replacing lines 14 through 26
of page 23 and lines 1 through | 15 |
| 3 of page 24 with the following: | 16 |
| " (1) Within 14 days of appointment, the receiver shall | 17 |
| make a good faith effort to ascertain the identities and | 18 |
| addresses of the mortgaged real estate. | 19 |
| (2) Within 21 days of appointment, the receiver shall | 20 |
| notify all occupants of dwelling units of the mortgaged | 21 |
| real estate that he or she has been appointed receiver of | 22 |
| the mortgaged real estate, including any occupants | 23 |
| identified as a result of the good faith effort under this | 24 |
| subsection. Such notice shall be in writing and shall: | 25 |
| (i) identify the occupant being served by name; |
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| (ii) inform the occupant that the mortgaged real | 2 |
| estate is the subject of a foreclosure action and that | 3 |
| control of the mortgaged real estate has changed; | 4 |
| (iii) provide the name, address, and telephone | 5 |
| number of the individual or entity whom occupants may | 6 |
| contact with concerns about the mortgaged real estate | 7 |
| or to request repairs of that property; | 8 |
| (iv) include the following language, or language | 9 |
| that is substantially similar: | 10 |
| "This is NOT a notice to vacate the premises. You | 11 |
| will receive additional notice if your lease or rental | 12 |
| agreement is being terminated. You may wish to contact | 13 |
| a lawyer or your local legal aid or housing counseling | 14 |
| agency to discuss any rights that you may have." "; and
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| on page 24, line 4, by replacing " (iv) " with " (v) "; and
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| on page 24, line 6, by replacing " (2) " with " (3) "; and
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| on page 24, line 6, by replacing " item (1) " with " item (2) "; | 18 |
| and | 19 |
| on page 24, line 8, by inserting " known " before " occupant "; and
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| on page 24, by replacing lines 12 through 25 with the | 21 |
| following: |
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| " known occupant by first-class mail, addressed to the | 2 |
| occupant by name. | 3 |
| (4) In the event that a receiver ascertains the | 4 |
| identity and address of an occupant of a dwelling unit of | 5 |
| the mortgaged real estate more than 14 days after | 6 |
| appointment, the receiver shall provide the notice | 7 |
| required by part (2) of this subsection (f) within 7 days | 8 |
| of ascertaining the identity and address of the occupant. | 9 |
| (5)(i) A receiver who fails to comply with items (2), | 10 |
| (3), and (4) of this subsection (f) may not collect any | 11 |
| rent due and owing from a known occupant, or terminate a | 12 |
| known occupant's tenancy for non-payment of such rent, | 13 |
| until the receiver has served the notice described in item | 14 |
| (2) of this subsection (f) upon the occupant. The | 15 |
| provisions of this subsection shall be the exclusive remedy | 16 |
| for the failure of a receiver to provide notice under this | 17 |
| Section. | 18 |
| (ii) An occupant who previously paid rent for the | 19 |
| current rental period to the mortgagor, or other entity | 20 |
| with the authority to operate, manage, and conserve the | 21 |
| mortgaged real estate at the time of payment, shall not be | 22 |
| held liable for that rent by the receiver, and the | 23 |
| occupant's tenancy shall not be terminated for non-payment | 24 |
| of rent for that rental period. | 25 |
| (6) Within 14 days of appointment, the receiver shall | 26 |
| post a written notice on the primary entrance of all |
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| dwelling units subject to the foreclosure action that | 2 |
| informs occupants that the receiver has been appointed to | 3 |
| operate and manage the property. This written notice shall: | 4 |
| (i) inform the occupant that the dwelling unit is the | 5 |
| subject of a foreclosure action and that control of the | 6 |
| mortgaged real estate has changed; (ii) include the | 7 |
| following language: "This is NOT a notice to vacate the | 8 |
| premises"; and (iii) provide the name, address, and | 9 |
| telephone number of the individual or entity whom occupants | 10 |
| may contact with concerns about the mortgaged real estate | 11 |
| or to request repairs of the property. "; and | 12 |
| on page 25, line 1, by deleting " or mortgagee in possession "; | 13 |
| and | 14 |
| on page 25, line 5, by deleting " or mortgagee in possession "; | 15 |
| and
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| on page 25, line 6, by inserting after " leave of court " the | 17 |
| following: | 18 |
| " or an agreement with the occupant about the increased rent "; | 19 |
| and | 20 |
| on page 25, line 7, by deleting " or mortgagee in possession "; | 21 |
| and |
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| by replacing line 26 of page 25 and line 1 of page 26 with the | 2 |
| following: | 3 |
| "Section 98. In a foreclosure action filed on or before the | 4 |
| effective date of this Act, a holder or purchaser, receiver, or | 5 |
| mortgagee in possession required to serve notice or otherwise | 6 |
| comply with Section 15-1508.5, Section 15-1703(a-5), and | 7 |
| Section 15-1704(f) shall have an additional 60 days to comply | 8 |
| with the provisions of this Act. | 9 |
| Section 99. Effective date. This Act takes effect 90 days | 10 |
| after becoming law.".
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