Rep. Harry Osterman
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 1797
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2 | AMENDMENT NO. ______. Amend House Bill 1797 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Condominium Property Act is amended by | ||||||
5 | changing Section 30 as follows:
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6 | (765 ILCS 605/30) (from Ch. 30, par. 330)
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7 | Sec. 30. Conversion condominiums; notice; recording.
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8 | (a) (1) No real estate may be submitted to the provisions of | ||||||
9 | the
Act as a conversion condominium unless (i) a notice of | ||||||
10 | intent to submit
the real estate to this Act (notice of intent) | ||||||
11 | has been given to all persons
who were tenants of the building | ||||||
12 | located on the real estate on the date
the notice is given. | ||||||
13 | Such notice shall be given at least 30 days, and
not more than | ||||||
14 | 1 year prior to the recording of the declaration which submits
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15 | the real estate to this Act; and (ii) the developer executes | ||||||
16 | and acknowledges
a certificate which shall be attached to and |
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1 | made a part of the declaration
and which provides that the | ||||||
2 | developer, prior to the execution by him or
his agent of any | ||||||
3 | agreement for the sale of a unit, has given a copy of the
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4 | notice of intent to all persons who were tenants of the | ||||||
5 | building located
on the real estate on the date the notice of | ||||||
6 | intent was given.
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7 | (a)(2) If the owner fails to provide a tenant with notice | ||||||
8 | of the intent to convert as defined in this Section, the tenant | ||||||
9 | permanently vacates the premises as a direct result of | ||||||
10 | non-renewal of his or her lease by the owner, and the tenant's | ||||||
11 | unit is converted to a condominium by the filing of a | ||||||
12 | declaration submitting a property to this Act without having | ||||||
13 | provided the required notice, then the owner is liable to the | ||||||
14 | tenant for the following:
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15 | (A) the tenant's actual moving expenses incurred when | ||||||
16 | moving from the subject property, not to exceed $1,500;
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17 | (B) three month's rent at the subject property; and
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18 | (C) reasonable attorney's fees and court costs.
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19 | (b) Any developer of a conversion condominium must, upon | ||||||
20 | issuing the notice
of intent, publish and deliver along with | ||||||
21 | such notice of intent, a schedule
of selling prices for all | ||||||
22 | units subject to the condominium instruments and
offer to sell | ||||||
23 | such unit to the current tenants, except for units to be | ||||||
24 | vacated
for rehabilitation subsequent to such notice of intent. | ||||||
25 | Such offer shall
not expire earlier than 30 days after receipt | ||||||
26 | of the offer by the current
tenant, unless the tenant notifies |
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1 | the developer in writing of his election
not to purchase the | ||||||
2 | condominium unit.
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3 | (c) Any tenant who was a tenant as of the date of the | ||||||
4 | notice of intent and
whose tenancy expires (other than for | ||||||
5 | cause) prior to the expiration of
120 days from the date on | ||||||
6 | which a copy of the notice of intent was given
to the tenant | ||||||
7 | shall have the right to extend his tenancy on the same terms
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8 | and conditions and for the same rental until the expiration of | ||||||
9 | such 120
day period by the giving of written notice thereof to | ||||||
10 | the developer within
30 days of the date upon which a copy of | ||||||
11 | the notice of intent was given
to the tenant by the developer.
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12 | (d) Each lessee in a conversion condominium shall be | ||||||
13 | informed by the developer
at the time the notice of intent is | ||||||
14 | given whether his tenancy will be renewed
or terminated upon | ||||||
15 | its expiration. If the tenancy is to be renewed, the
tenant | ||||||
16 | shall be informed of all charges, rental or otherwise, in | ||||||
17 | connection
with the new tenancy and the length of the term of | ||||||
18 | occupancy proposed in
conjunction therewith.
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19 | (e) For a period of 120 days following his receipt of the | ||||||
20 | notice of intent,
any tenant who was a tenant on the date the | ||||||
21 | notice of intent was given shall
be given the right to purchase | ||||||
22 | his unit on substantially the same terms
and conditions as set | ||||||
23 | forth in a duly executed contract to purchase the
unit, which | ||||||
24 | contract shall conspicuously disclose the existence
of, and | ||||||
25 | shall be subject to, the right of first refusal. The tenant may
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26 | exercise the right of first refusal by giving notice thereof to |
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1 | the developer
prior to the expiration of 30 days from the | ||||||
2 | giving of notice by the developer
to the tenant of the | ||||||
3 | execution of the contract to purchase the unit.
The tenant may | ||||||
4 | exercise such right of first refusal within 30 days from
the | ||||||
5 | giving of notice by the developer of the execution of a | ||||||
6 | contract to
purchase the unit, notwithstanding the expiration | ||||||
7 | of the 120 day period
following the tenant's receipt of the | ||||||
8 | notice of intent, if such contract
was executed prior to the | ||||||
9 | expiration of the 120 day period. The
recording of the deed | ||||||
10 | conveying the unit to the purchaser which contains
a statement | ||||||
11 | to the effect that the tenant of the unit either waived or | ||||||
12 | failed
to exercise the right of first refusal or option or had | ||||||
13 | no right of first
refusal or option with respect to the unit | ||||||
14 | shall extinguish any legal or
equitable right or interest to | ||||||
15 | the possession or acquisition of the unit which
the tenant may | ||||||
16 | have or claim with respect to the unit arising out of the
right | ||||||
17 | of first refusal or option provided for in this Section. The | ||||||
18 | foregoing
provision shall not affect any claim which the tenant | ||||||
19 | may have against
the landlord for damages arising out of the | ||||||
20 | right of first refusal
provided for in this Section.
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21 | (f) During the 30 day period after the giving of notice of | ||||||
22 | an executed contract
in which the tenant may exercise the right | ||||||
23 | of first refusal, the developer
shall grant to such tenant | ||||||
24 | access to any portion of the building to inspect
any of its | ||||||
25 | features or systems and access to any reports, warranties, or
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26 | other documents in the possession of the developer which |
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1 | reasonably pertain
to the condition of the building. Such | ||||||
2 | access shall be subject to reasonable
limitations, including as | ||||||
3 | to hours. The refusal of the developer to grant
such access is | ||||||
4 | a business offense punishable by a fine of $500. Each refusal
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5 | to an individual lessee who is a potential purchaser is a | ||||||
6 | separate violation.
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7 | (g) Any notice provided for in this Section shall be deemed | ||||||
8 | given when a written
notice is delivered in person or mailed, | ||||||
9 | certified or registered mail, return
receipt requested to the | ||||||
10 | party who is being given the notice.
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11 | (h) Prior to their initial sale, units offered for sale in | ||||||
12 | a conversion
condominium and occupied by a tenant at the time | ||||||
13 | of the offer shall be shown to
prospective purchasers only a | ||||||
14 | reasonable number of times and at appropriate
hours. Units may | ||||||
15 | only be shown to prospective purchasers during the last 90
days | ||||||
16 | of any expiring tenancy.
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17 | (i) Any provision in any lease or other rental agreement, | ||||||
18 | or any termination
of occupancy on account of condominium | ||||||
19 | conversion, not authorized herein,
or contrary to or waiving | ||||||
20 | the foregoing provisions, shall be deemed to be
void as against | ||||||
21 | public policy.
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22 | (j) A tenant is entitled to injunctive relief to enforce | ||||||
23 | the provisions of subsections (a) and (c) of this Section.
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24 | (k) A non-profit housing organization, suing on behalf of | ||||||
25 | an aggrieved tenant under this Section, may also recover | ||||||
26 | compensation for reasonable attorney's fees and court costs |
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1 | necessary for filing such action.
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2 | (l) Nothing in this Section shall affect any provision in | ||||||
3 | any lease or rental
agreement in effect before this Act becomes | ||||||
4 | law.
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5 | (m)
(b) Nothing in this amendatory Act of 1978 shall be | ||||||
6 | construed to imply
that there was previously a requirement to | ||||||
7 | record the notice provided for
in this Section
subsection (a) .
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8 | (Source: P.A. 88-417.)".
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