HB0028 101ST GENERAL ASSEMBLY

LRB101 02994 KTG 48002 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0028

Introduced 1/9/2019, by Rep. André Thapedi

SYNOPSIS AS INTRODUCED:

310 ILCS 50/4

from Ch. 67 1/2, par. 854

Amends the Abandoned Housing Rehabilitation Act. Permits any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that files a petition for temporary possession of property to also request a court order waiving or extinguishing any county property tax lien or unpaid property taxes existing on the property if the property has been vacant for at least 3 years. Requires the petitioner to provide notice of any order waiving or extinguishing the tax lien or unpaid property taxes to the office of the county collector or county treasurer of the county in which the property is located. Requires any petition to waive or extinguish a tax lien or unpaid property taxes to be filed by the petitioner within 90 days of commencing the action, unless such time is extended by the court for good cause. Provides that a hearing on the organization's petition need not occur immediately, but must be held prior to the closure of the case and that the order waiving or extinguishing the tax lien or unpaid property taxes shall only exist for the benefit of the organization that files a petition, and shall not inure to, pass to, or benefit any other party in interest of the property.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning housing.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Abandoned Housing Rehabilitation Act is amended by changing Section 4 as follows:

(310 ILCS 50/4) (from Ch. 67 1/2, par. 854)

Sec. 4. The proceeding shall be commenced by filing a verified petition in the circuit court in the county in which the property is located. The petition shall allege the conditions specified in Section 3. All parties in interest of the property shall be named as defendants in the petition and summons shall be issued and service had as in other civil cases pursuant to Section 2-206 of the Code of Civil Procedure.

Any defendant may file as part of his answer, as an affirmative defense, a plan for the rehabilitation of the property. The court shall grant that defendant 90 days to bring the property into compliance with applicable fire, housing and building codes. The court may, for good cause shown, extend the 90-day compliance period. If the property is brought into such compliance within the 90-day period or extension of time thereof, the petition shall be dismissed. If the defendant fails to bring the property into such compliance within the 90-day period or extension of time thereof, or if the defendant's plan is otherwise insufficient, the defendant's affirmative defense shall be stricken.

At the hearing on the organization's petition, the organization shall submit to the court a plan for the rehabilitation of the property and present evidence that the organization has adequate resources to rehabilitate and thereafter manage the property. For the purpose of developing such a plan, representatives of the organization may be permitted entry onto the property by the court at such times and on such terms as the court may deem appropriate.

Any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that files a petition for temporary possession of property in accordance with this Act may, as part of that petition, request that the court waive or extinguish any county property tax lien or unpaid property taxes existing on the property if the property has been vacant for at least 3 years. The organization must send notice of any order waiving or extinguishing the tax lien or unpaid property taxes to the office of the county collector or county treasurer of the county in which the property is located. The order shall specifically direct the county collector or county treasurer to waive or extinguish any tax lien or unpaid property taxes existing on the property prior to entry of the order. Any petition to waive or extinguish a tax lien or unpaid property taxes under this Section must be filed by the petitioner within 90 days of commencing the action, unless such time is extended by the court for good cause. A hearing on the organization's petition need not occur immediately, but must be held prior to the closure of the case. The order waiving or extinguishing the tax lien or unpaid property taxes shall only exist for the benefit of the organization that files a petition in accordance with this Section, and shall not inure to, pass to, or benefit any other party in interest of the property.

(Source: P.A. 85-862.)