90th General Assembly
Summary of HB3579
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House Sponsors:
TURNER,ART-JONES,SHIRLEY-JONES,LOU, DURKIN, KENNER AND RODRIGUEZ.

Senate Sponsors:
DEL VALLE

Short description: 
EVICTION-WAIVR-HOUSNG AUTHORTY                                             

Synopsis of Bill as introduced:
        Amends the emergency housing eviction provisions of the  Code  of      
   Civil  Procedure.   Provides  that,  if  a  public  housing  authority      
   plaintiff accepts rent from the defendant subsequent to the initiation      
   of  an  action,  the  acceptance  of  rent  shall  not  be a cause for      
   dismissal if the public housing authority plaintiff returns  the  rent      
   to  the  defendant  within  20  days  of  receipt of the rent payment.      
   Effective June 1, 1998.                                                     
          FISCAL NOTE (Administrative Office of Ill. Courts)                   
          No fiscal impact on the Judicial Branch.                             
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          735 ILCS 5/9-104                from Ch. 110, par. 9-104             
          735 ILCS 5/9-211                from Ch. 110, par. 9-211             
          735 ILCS 5/9-212                from Ch. 110, par. 9-212             
        Deletes  everything.  Amends  the  Forcible  Entry  and  Detainer      
   provisions of the Code of Civil Procedure.  Provides that  the  demand      
   for possession of and rent for the premises may be served, in addition      
   to  existing  means, by placing a copy of the demand notice within the      
   rental unit. Provides that the landlord's right to serve  the  written      
   notice by placing a copy within the rental unit shall not be construed      
   as giving the landlord or his or her agent any additional or ancillary      
   right  under  the lease to enter the tenant's unit. Changes the method      
   of verifying that service was made from a two tiered method,  one  for      
   officers  and  another  for non-officers, to a provision that a signed      
   return, verified by  certification  by  the  server,  is  prima  facie      
   evidence  that  service  was  obtained.   Amends the emergency housing      
   eviction provisions of the Code of Civil Procedure.  Provides that, if      
   a public housing authority plaintiff accepts rent from  the  defendant      
   subsequent  to the initiation of an eviction action, the acceptance of      
   rent shall not be a cause for dismissal of  the  complaint.  Effective      
   June 1, 1998.                                                               
          FISCAL NOTE, H-AM 1 (Office of Ill. Courts)                          
          No change from previous note.                                        
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          735 ILCS 5/9-211                                                     
        Removes provisions  amending  the  Code  of  Civil  Procedure  to      
   provide  that  the  demand for possession of and rent for the premises      
   may be served, in addition to existing means, by placing a copy of the      
   demand notice within the rental unit.                                       
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          735 ILCS5/9-104                                                      
          735 ILCS 5/9-212                                                     
        Deletes  everything.   Reinserts  only  the  provision   of   the      
   engrossed  bill which amends the emergency housing eviction provisions      
   of the Code of Civil Procedure to provide that, if  a  public  housing      
   authority  plaintiff accepts rent from the defendant subsequent to the      
   initiation of an action, the acceptance of rent shall not be  a  cause      
   for dismissal of the complaint.  Effective June 1, 1998.                    
 
Last action on Bill: PUBLIC ACT.............................. 90-0768

   Last action date: 98-08-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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