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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Landlord Accountability Act. | |||||||||||||||||||
6 | Section 5. Legislative findings. The people of the State of | |||||||||||||||||||
7 | Illinois deserve decent, safe, and sanitary housing. Certain | |||||||||||||||||||
8 | tenants in the State of Illinois have remained in rental | |||||||||||||||||||
9 | housing that does not meet the State's minimum standards for | |||||||||||||||||||
10 | health and safety because they cannot afford to pay the costs | |||||||||||||||||||
11 | of relocation in advance of occupying new, safe, and habitable | |||||||||||||||||||
12 | housing. In egregious cases, authorities have been forced to | |||||||||||||||||||
13 | condemn property when landlords have failed to remedy building | |||||||||||||||||||
14 | code or health code violations after repeated notice, and, as a | |||||||||||||||||||
15 | result, families with limited financial resources have been | |||||||||||||||||||
16 | displaced and left with nowhere to go. | |||||||||||||||||||
17 | The purpose of this Act is to establish a process by which | |||||||||||||||||||
18 | displaced tenants would receive funds for relocation from | |||||||||||||||||||
19 | landlords who fail to provide safe and sanitary housing after | |||||||||||||||||||
20 | due notice of building code or health code violations. It is | |||||||||||||||||||
21 | also the purpose of this Act to provide enforcement mechanisms | |||||||||||||||||||
22 | to municipalities or other units of local government, including | |||||||||||||||||||
23 | the ability to advance relocation funds to tenants who are |
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1 | displaced as a result of a landlord's failure to remedy | ||||||
2 | building code or health code violations and later to collect | ||||||
3 | the full amounts of these relocation funds, along with interest | ||||||
4 | and penalties,
from landlords.
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5 | Section 10. Landlord relocation assistance. | ||||||
6 | (a) If a municipality or other unit of local government | ||||||
7 | responsible for the enforcement of a building, housing, or | ||||||
8 | other appropriate code has notified the landlord that a | ||||||
9 | dwelling is condemned or unlawful to occupy due to the | ||||||
10 | existence of conditions that violate applicable codes, | ||||||
11 | statutes, ordinances, rules, or
regulations, a landlord shall | ||||||
12 | not enter into a rental agreement for the dwelling unit until | ||||||
13 | the conditions are corrected.
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14 | (b) If a landlord knowingly violates subsection (a) of this | ||||||
15 | Section, the tenant shall recover either 3 months' periodic | ||||||
16 | rent or up to treble the actual damages sustained as a result | ||||||
17 | of the violation, whichever is greater, costs of suit or | ||||||
18 | arbitration, and reasonable attorneys' fees. If the tenant | ||||||
19 | elects to terminate the tenancy as a result of the conditions | ||||||
20 | leading to the violation, or if the appropriate municipality or | ||||||
21 | other unit of local government requires that the tenant vacate | ||||||
22 | the premises, the tenant also shall recover:
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23 | (1) the entire amount of any deposit prepaid by the | ||||||
24 | tenant; and
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25 | (2) all prepaid rent.
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1 | (c) If a municipality or other unit of local government | ||||||
2 | responsible for the enforcement of a building, housing, or | ||||||
3 | other appropriate code has notified the landlord that a | ||||||
4 | dwelling will be condemned or will be unlawful to occupy due to | ||||||
5 | the existence of conditions that violate applicable codes, | ||||||
6 | statutes, ordinances, rules, or regulations, a landlord, who | ||||||
7 | knew or should have known of the existence of these conditions, | ||||||
8 | shall be required to pay relocation assistance to the displaced | ||||||
9 | tenants except that: | ||||||
10 | (1) a landlord shall not be required to pay relocation
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11 | assistance to any displaced tenant in a case in which the | ||||||
12 | condemnation or no occupancy order affects one or more | ||||||
13 | dwelling units and directly results from conditions caused | ||||||
14 | by a tenant's or any third party's illegal conduct without | ||||||
15 | the landlord's prior knowledge; | ||||||
16 | (2) a landlord shall not be required to pay
relocation | ||||||
17 | assistance to any displaced tenant in a case in which the | ||||||
18 | condemnation or no occupancy order affects one or more | ||||||
19 | dwelling units and results from conditions arising from a | ||||||
20 | natural disaster such as, but not exclusively, an | ||||||
21 | earthquake, tornado, or wind storm; and | ||||||
22 | (3) a landlord shall not be required to pay relocation | ||||||
23 | assistance to any displaced tenant in a case in which a | ||||||
24 | condemnation affects one or more dwelling units and the | ||||||
25 | tenant's displacement is a direct result of the acquisition | ||||||
26 | of the property by eminent domain. |
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1 | (d) Relocation assistance provided to displaced tenants | ||||||
2 | under this Section shall be the greater amount of $2,000 per | ||||||
3 | dwelling unit or 3 times the monthly rent. In addition to | ||||||
4 | relocation assistance, the landlord shall be required to pay to | ||||||
5 | the displaced tenants the entire amount of any deposit prepaid | ||||||
6 | by the tenant and all prepaid rent. | ||||||
7 | (e) The landlord shall pay relocation assistance and any | ||||||
8 | prepaid deposit and prepaid rent to displaced tenants within 7 | ||||||
9 | days after the municipality or other unit of local government | ||||||
10 | sending notice of the condemnation, eviction, or displacement | ||||||
11 | order to the landlord. The landlord shall pay relocation | ||||||
12 | assistance and any prepaid deposit and prepaid rent either by | ||||||
13 | making individual payments by certified check to displaced | ||||||
14 | tenants or by providing a certified check to the municipality | ||||||
15 | or other unit of local government ordering condemnation, | ||||||
16 | eviction, or displacement, for distribution to the displaced | ||||||
17 | tenants. If the landlord fails to complete payment of | ||||||
18 | relocation assistance within the period required under this | ||||||
19 | Section, a municipality or other unit of local government may | ||||||
20 | advance the cost of the relocation assistance payments to the | ||||||
21 | displaced tenants. | ||||||
22 | (f) During the period from the date that a municipality or | ||||||
23 | other unit of local government responsible for the enforcement | ||||||
24 | of a building, housing, or other appropriate code first | ||||||
25 | notifies the landlord of conditions that violate applicable | ||||||
26 | codes, statutes, ordinances, rules, or regulations to the time |
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1 | that
relocation assistance payments are paid to eligible | ||||||
2 | tenants, or the conditions leading to the notification are | ||||||
3 | corrected, the landlord may not: | ||||||
4 | (1) evict, harass, or intimidate tenants into vacating | ||||||
5 | their units for the purpose of avoiding or diminishing | ||||||
6 | application of this Section; | ||||||
7 | (2) reduce services to any tenant; or | ||||||
8 | (3) materially increase or change the obligations of | ||||||
9 | any tenant, including but not limited to any rent increase. | ||||||
10 | (g) Displaced tenants shall be entitled to recover any | ||||||
11 | relocation assistance, prepaid deposits, and prepaid rent | ||||||
12 | required by subsection (d). In addition, displaced tenants | ||||||
13 | shall be entitled to recover any actual damages sustained by | ||||||
14 | them as a result of the condemnation, eviction, or displacement | ||||||
15 | that exceed the amount of
relocation assistance that is | ||||||
16 | payable. In any action brought by displaced tenants to recover | ||||||
17 | any payments or damages required or authorized by this | ||||||
18 | subsection (g) or by subsection (e) that are not paid by the | ||||||
19 | landlord or advanced by a municipality or unit of local | ||||||
20 | government, the displaced tenants shall also be entitled to | ||||||
21 | recover their costs of suit or arbitration and reasonable | ||||||
22 | attorneys' fees. | ||||||
23 | (h) If, after 60 days from the date that a municipality or | ||||||
24 | other unit of local government first advanced relocation | ||||||
25 | assistance funds to the displaced tenants, a landlord has | ||||||
26 | failed to repay the amount of relocation assistance advanced by |
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1 | the municipality or other unit of local government under | ||||||
2 | subsection (e), then the municipality or other unit of local | ||||||
3 | government shall assess civil penalties in the amount of $50 | ||||||
4 | per day for each tenant to whom the municipality or unit of | ||||||
5 | local government has advanced a relocation assistance payment. | ||||||
6 | (i) In addition to the penalties set forth in subsection | ||||||
7 | (h), interest shall accrue on the amount of relocation | ||||||
8 | assistance paid by a municipality or other unit of local | ||||||
9 | government for which the property owner has not reimbursed the | ||||||
10 | municipality or other unit of local government. The rate of | ||||||
11 | interest shall be the maximum legal rate of interest permitted | ||||||
12 | under law commencing 30 days after the date that the | ||||||
13 | municipality or other unit of local government first advanced | ||||||
14 | relocation assistance funds to the displaced tenants.
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15 | (j) If a municipality or other unit of local government | ||||||
16 | must initiate legal action in order to recover the amount of | ||||||
17 | relocation assistance payments that it has advanced to | ||||||
18 | low-income tenants, including any interest and penalties under | ||||||
19 | subsections (h) and (i), the municipality or other unit of | ||||||
20 | local government shall be entitled to attorneys' fees and costs | ||||||
21 | arising from its legal action. | ||||||
22 | (k) A municipality or other unit of local government that | ||||||
23 | has notified the landlord that a dwelling will be condemned or | ||||||
24 | will be unlawful to occupy shall notify the displaced tenants | ||||||
25 | that they may be entitled to relocation assistance under this | ||||||
26 | Section. |
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1 | (l) No payment received by a displaced tenant under this | ||||||
2 | Section may be considered as income for the purpose of | ||||||
3 | determining the eligibility or extent of eligibility of any | ||||||
4 | person for assistance under any State law or for the purposes | ||||||
5 | of any tax imposed under any State law, and the payments shall | ||||||
6 | not be deducted from any amount to which
any recipient would | ||||||
7 | otherwise be entitled under State law.
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8 | Section 15. Governmental entities.
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9 | (a) Whenever the governing body of a municipality or other | ||||||
10 | unit of local government finds that one or more conditions of | ||||||
11 | the character described in this Act exist within its | ||||||
12 | territorial limits, that governing body may adopt ordinances | ||||||
13 | relating to the dwellings, buildings, structures, or premises. | ||||||
14 | The ordinances may provide for the following: | ||||||
15 | (1) That an "improvement board" or officer be | ||||||
16 | designated or appointed to exercise the powers assigned to | ||||||
17 | the board or officer by the ordinance as specified in this | ||||||
18 | Section. The board or officer may be an existing board or | ||||||
19 | officer or may be a separate board or officer appointed | ||||||
20 | solely for the purpose of exercising the powers assigned by | ||||||
21 | the ordinance. If a board is created, the ordinance shall | ||||||
22 | specify the terms, method of appointment, and type of | ||||||
23 | membership of the board, which may be limited, if the | ||||||
24 | governing body chooses, to public officers under this | ||||||
25 | Section. |
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1 | (2) That if a board is created, a public officer, other | ||||||
2 | than a member of the improvement board, may be designated | ||||||
3 | to work with the board and carry out the duties and | ||||||
4 | exercise the powers assigned to the public officer by the | ||||||
5 | ordinance. | ||||||
6 | (3) That if, after a preliminary investigation of any | ||||||
7 | dwelling, building, structure, or premises, the board or | ||||||
8 | officer finds that it is unfit for human habitation or | ||||||
9 | other use, the board or officer shall cause to be served | ||||||
10 | either personally or by certified mail, with return receipt
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11 | requested, upon all persons having any interest therein, as | ||||||
12 | shown upon the records of the recorder's office of the | ||||||
13 | county in which the property is located, and shall post in | ||||||
14 | a conspicuous place on the property, a complaint stating in | ||||||
15 | what respects the dwelling, building, structure, or | ||||||
16 | premises is unfit for human habitation or other use. If
the | ||||||
17 | whereabouts of any of the persons is unknown and the same | ||||||
18 | cannot be ascertained by the board or officer in the | ||||||
19 | exercise of reasonable diligence, and the board or officer | ||||||
20 | makes an affidavit to that effect, then the serving of the | ||||||
21 | complaint or order upon the persons may be made either by | ||||||
22 | personal service or by mailing a copy of the complaint and | ||||||
23 | order by certified mail, postage prepaid, return receipt | ||||||
24 | requested, to each person at the address of the building | ||||||
25 | involved in the proceedings, and mailing a copy of the | ||||||
26 | complaint and order by first class mail to any address of |
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1 | each person in the records of the county assessor or the | ||||||
2 | county recorder for the county where the property
is | ||||||
3 | located. The complaint shall contain a notice that a | ||||||
4 | hearing will be held before the board or officer, at a | ||||||
5 | place therein fixed, not less than 10 days nor more than 30 | ||||||
6 | days after the serving of the complaint; and that all | ||||||
7 | parties in interest shall be given the right to file an | ||||||
8 | answer to the complaint, to appear in person, or otherwise, | ||||||
9 | and to give testimony at the time and place in the | ||||||
10 | complaint. The rules of evidence prevailing in courts of | ||||||
11 | law or equity shall not be controlling in hearings before | ||||||
12 | the board or officer. A copy of the complaint shall also be | ||||||
13 | filed with the recorder of the county in which the | ||||||
14 | dwelling, building, structure, or premises is located, and | ||||||
15 | the filing of the complaint or order shall have the same | ||||||
16 | force and effect as other lis pendens notices as provided | ||||||
17 | by law.
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18 | (4) That the board or officer may determine that a | ||||||
19 | dwelling, building, structure, or premises is unfit for | ||||||
20 | human habitation or other use if the board or officer finds | ||||||
21 | that conditions exist in the dwelling, building, | ||||||
22 | structure, or premises that are dangerous or injurious to | ||||||
23 | the health or safety of the occupants of the dwelling, | ||||||
24 | building, structure, or
premises, the occupants of | ||||||
25 | neighboring dwellings, or other residents of the property | ||||||
26 | that lies within the jurisdiction of a municipality or |
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1 | other unit of local government. The conditions may include | ||||||
2 | the following, without limitation: defects increasing the | ||||||
3 | hazards of fire or accident; inadequate ventilation, | ||||||
4 | light, or sanitary facilities; or dilapidation, disrepair, | ||||||
5 | structural defects, uncleanliness, overcrowding, or | ||||||
6 | inadequate drainage. The ordinance shall state
reasonable | ||||||
7 | and minimum standards covering the conditions, including | ||||||
8 | those contained in ordinances adopted in accordance with | ||||||
9 | this Section, to guide the board or the public officer, and | ||||||
10 | the agents and employees of either, in determining the | ||||||
11 | fitness of a dwelling for human habitation or of a | ||||||
12 | building, structure, or premises for other use. | ||||||
13 | (5) That the determination of whether a dwelling, | ||||||
14 | building, structure, or premises should be repaired or | ||||||
15 | demolished shall be based on specific stated standards on
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16 | (1) the degree of structural deterioration of the
dwelling, | ||||||
17 | building, structure, or premises or
(2) the relationship | ||||||
18 | that the estimated cost of repair bears to the value of the | ||||||
19 | dwelling, building, structure, or premises, with the | ||||||
20 | method of determining this value to be specified in the | ||||||
21 | ordinance. | ||||||
22 | (6) That if, after the required hearing, the board or | ||||||
23 | officer determines that the dwelling is unfit for human | ||||||
24 | habitation or the building or structure or premises is | ||||||
25 | unfit for other use, the board or officer shall state in | ||||||
26 | writing the findings of fact in support of the |
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1 | determination, and shall issue and cause to be served upon | ||||||
2 | the owner or party in interest
thereof, as is provided in | ||||||
3 | this Section, and shall post in a conspicuous place on the | ||||||
4 | property, an order that (i) requires the owner or party in | ||||||
5 | interest, within the time specified in the order, to | ||||||
6 | repair, alter, or improve the dwelling, building, | ||||||
7 | structure, or premises to render it fit for human | ||||||
8 | habitation, or for other use, or to vacate and close the | ||||||
9 | dwelling, building, structure, or premises, if the course | ||||||
10 | of action is deemed proper on the basis of the standards | ||||||
11 | set forth as required in this Section; or (ii) requires the | ||||||
12 | owner or party in interest, within the time specified in | ||||||
13 | the order, to remove or demolish the dwelling, building, | ||||||
14 | structure, or premises, if this course of action is deemed | ||||||
15 | proper on the basis of those standards. If no appeal is | ||||||
16 | filed, a copy of the order shall be filed with the recorder | ||||||
17 | of the county in which the dwelling, building, structure, | ||||||
18 | or premises is located. | ||||||
19 | (7) That the owner or any party in interest, within 30 | ||||||
20 | days after the date of service upon the owner and posting | ||||||
21 | of an order issued by the board or officer under this | ||||||
22 | Section, may file an appeal with the appeals commission. | ||||||
23 | (8) That governing body of the municipality or other | ||||||
24 | unit of local government shall designate or establish a | ||||||
25 | municipal or other governmental agency or body to serve as | ||||||
26 | the appeals commission. The governing body shall also |
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1 | establish rules of procedure adequate to assure a prompt | ||||||
2 | and thorough review of matters submitted to the appeals | ||||||
3 | commission, and the rules of procedure shall include the
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4 | following, without being limited thereto: | ||||||
5 | (A) All matters submitted to the appeals | ||||||
6 | commission must be resolved by the commission within 60 | ||||||
7 | days from the date of filing therewith, and a | ||||||
8 | transcript of the findings of fact of the appeals | ||||||
9 | commission shall be made available to the owner or | ||||||
10 | other party in interest upon demand.
The findings and | ||||||
11 | orders of the appeals commission shall be reported in | ||||||
12 | the same manner and shall bear the same legal | ||||||
13 | consequences as if issued by the board, and shall be | ||||||
14 | subject to review only in the manner and to the extent | ||||||
15 | provided in this Act. | ||||||
16 | (B) If the owner or party in interest, following | ||||||
17 | exhaustion of his or her rights to appeal, fails to | ||||||
18 | comply with the final order to repair, alter, improve, | ||||||
19 | vacate, close, remove, or demolish the dwelling, | ||||||
20 | building, structure, or premises, the board or officer | ||||||
21 | may direct or cause the dwelling, building, structure, | ||||||
22 | or premises to be repaired, altered, improved, | ||||||
23 | vacated, and closed, removed, or demolished. | ||||||
24 | (9) That the amount of the cost of the repairs, | ||||||
25 | alterations or improvements; or vacating and closing; or | ||||||
26 | removal or demolition by the board or officer shall be |
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1 | assessed against the real property upon which the cost was | ||||||
2 | incurred unless the amount is previously paid. For purposes | ||||||
3 | of this subsection, the cost of vacating and closing shall | ||||||
4 | include (i) the amount of relocation assistance payments | ||||||
5 | that a property owner has not repaid to a municipality or | ||||||
6 | other unit of local government that has advanced relocation | ||||||
7 | assistance payments to tenants under this Act and (ii) all | ||||||
8 | penalties and interest that accrue as a result of the | ||||||
9 | failure of the property owner to timely repay the amount of | ||||||
10 | these relocation assistance payments under this Act. | ||||||
11 | (b) Upon certification to him or her by the treasurer of | ||||||
12 | the municipality or other unit of local government of the | ||||||
13 | assessment amount being due and owing, the county assessor | ||||||
14 | shall enter the amount of the assessment upon the tax rolls | ||||||
15 | against the property for the current year and the same shall | ||||||
16 | become a part of the general taxes for that year to be | ||||||
17 | collected at the same time and with interest at the rates and | ||||||
18 | in the manner as provided for delinquent taxes, and when | ||||||
19 | collected to be deposited to the credit of the general fund of | ||||||
20 | the municipality or other unit of local government. If the | ||||||
21 | dwelling, building, structure, or premises is removed or | ||||||
22 | demolished by the board or officer, the board or officer shall, | ||||||
23 | if possible, sell the materials of the dwelling, building, | ||||||
24 | structure, or premises in accordance with procedures set forth | ||||||
25 | in the ordinance, and shall credit the proceeds of the sale | ||||||
26 | against the cost of the removal or demolition; and if there be |
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1 | any balance remaining, it shall be paid to the parties entitled | ||||||
2 | thereto, as determined by the board or officer, after deducting | ||||||
3 | the costs incident thereto. The assessment shall constitute a | ||||||
4 | lien against the property that shall be of equal rank with | ||||||
5 | State, county, and municipal taxes. | ||||||
6 | (c) Any person affected by an order issued by the appeals
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7 | commission may, within 30 days after the posting and service of | ||||||
8 | the order, petition to the circuit court for an injunction | ||||||
9 | restraining the public officer or members of the board from | ||||||
10 | carrying out the provisions of the order. In all proceedings | ||||||
11 | the court is authorized to affirm, reverse, or modify the order | ||||||
12 | and the trial shall be heard de novo.
An ordinance adopted by | ||||||
13 | the governing body may authorize the board or officer to | ||||||
14 | exercise the powers as may be necessary or convenient to carry | ||||||
15 | out and effectuate the purposes and provisions of this Section. | ||||||
16 | (d) These powers shall include the following in addition to | ||||||
17 | others granted in this Section: | ||||||
18 | (1) to determine which dwellings within the | ||||||
19 | municipality or other unit of local government are unfit | ||||||
20 | for human habitation; | ||||||
21 | (2) to determine which buildings, structures, or | ||||||
22 | premises are unfit for other use; | ||||||
23 | (3) to administer oaths and affirmations, examine | ||||||
24 | witnesses, and receive evidence; and | ||||||
25 | (4) to investigate the dwelling and other property | ||||||
26 | conditions in the municipality or other unit of local |
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1 | government and to enter upon premises for the purpose of | ||||||
2 | making examinations when the board or officer has | ||||||
3 | reasonable ground for believing they are unfit for human | ||||||
4 | habitation, or for other use. | ||||||
5 | The entries shall be made in the manner as to cause the | ||||||
6 | least possible inconvenience to the persons in possession, and | ||||||
7 | to obtain an order for this purpose after submitting evidence | ||||||
8 | in support of an application which is adequate to justify an | ||||||
9 | order from a circuit court in the event entry is denied or | ||||||
10 | resisted. | ||||||
11 | (e) The governing body of any municipality or other unit of | ||||||
12 | local government adopting an ordinance pursuant to this Act may | ||||||
13 | appropriate the necessary funds to administer the ordinance. | ||||||
14 | (f) This Act does not abrogate or impair the powers of the | ||||||
15 | courts or of any department of any municipality or other unit | ||||||
16 | of local government to enforce any provisions of its charter or | ||||||
17 | its ordinances, resolutions, or regulations, nor to prevent or | ||||||
18 | punish violations thereof; and the powers conferred by this Act | ||||||
19 | shall be in addition and supplemental to the powers conferred | ||||||
20 | by any other law. | ||||||
21 | (g) This Act does not impair or limit in any way the power | ||||||
22 | of the municipality or other unit of local government to define | ||||||
23 | and declare nuisances and to cause their removal or abatement, | ||||||
24 | by summary proceedings or otherwise. | ||||||
25 | (h) Any municipality or unit of other local government may | ||||||
26 | by ordinance adopted by its governing body: |
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1 | (1) prescribe minimum standards for the use and | ||||||
2 | occupancy of dwellings throughout the municipality or | ||||||
3 | other unit of local government; | ||||||
4 | (2) prescribe minimum standards for the use or | ||||||
5 | occupancy of any building, structure, or premises used for | ||||||
6 | any other purpose; | ||||||
7 | (3) prevent the use or occupancy of any dwelling, | ||||||
8 | building, structure, or premises that is injurious to the | ||||||
9 | public health, safety, morals, or welfare; and | ||||||
10 | (4) prescribe punishment for the violation of any | ||||||
11 | provision of the ordinance.
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12 | Section 20. Supplemental powers. The powers and authority | ||||||
13 | conferred by this Act are in addition and supplemental to | ||||||
14 | powers or authority conferred by any other law or authority, | ||||||
15 | and nothing contained in this Act shall be construed to preempt | ||||||
16 | any local ordinance requiring relocation assistance to tenants | ||||||
17 | displaced by a landlord's failure to remedy building code or | ||||||
18 | health code violations.
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