HB5179 97TH GENERAL ASSEMBLY

LRB097 16992 AJO 64068 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5179

Introduced 2/8/2012, by Rep. Deborah Mell

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-120
735 ILCS 5/9-120.5 new

Amends the Code of Civil Procedure. Provides that a gang-related activity, as defined by the Illinois Streetgang Terrorism Omnibus Prevention Act, is a sufficient basis to terminate a lessee's lease. Provides a procedure and standards for a person who resides, works, or owns property in a building, or a neighbor within a 2-block radius of the building, to report that a tenant in the building is using leased premises in gang-related activity. Provides that this person may give notice of the tenant's gang-related activity and demand that the landlord commence an investigation and a wrongful entry and detainer action. Provides that if the landlord, after receipt of a notice and demand, refuses to investigate or finds no such activity, that the person who issued the notice and demand may petition the court under these provisions to determine if gang-related activity is occurring at the tenant's leased premises, and if so, to order the tenant to vacate the premises. Provides remedies to the prevailing party in an action initiated pursuant to these provisions by a person other than the landlord, in the form of an award of costs and attorney's fees.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by changing Section 9-120 and by adding Section 9-120.5 as follows:

(735 ILCS 5/9-120)

Sec. 9-120. Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee.

(a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement.

(a-5) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for gang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee, become void and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for gang-related activity, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement.

(b) The owner or lessor may bring a forcible entry and detainer action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring a forcible entry and detainer action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the owner or lessor assigns the right to bring a forcible entry and detainer action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned.

(c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction.

(d) If a lessor or the lessor's assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, the State's Attorney, or the municipality.

(e) After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately.

(f) A judgment for possession of the premises entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall execute an order entered pursuant to this Section within 7 days of its entry, or within 7 days of the expiration of a stay of judgment, if one is entered.

(g) Nothing in this Section shall limit the rights of an owner or lessor to bring a forcible entry and detainer action on the basis of other applicable law.

(Source: P.A. 97-236, eff. 8-2-11.)

(735 ILCS 5/9-120.5 new)

Sec. 9-120.5. Leased premises used in furtherance of gang-related activity; demand on landlord to commence action.

(a) Any person whose life, safety, health, or use of property is harmed or endangered by a tenant's gang-related activity, who resides, works, or owns property in the same multi-family building or apartment complex or within a 2-block radius may serve the landlord with a 10-day notice and demand that the landlord commence a forcible entry and detainer action against the tenant. The notice and demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is occurring. The notice and demand shall be served by delivering a copy personally to the landlord or the landlord's agent. If the person is unable to personally serve the landlord after exercising due diligence, the person may deposit the notice and demand in the mail, postage prepaid, to the landlord's or the landlord's agent's last known address.

(b) A copy of the notice and demand must also be served upon the tenant engaging in the gang-related activity by delivering a copy personally to the tenant. However, if the person is prevented from personally serving the tenant due to threats or violence, or if personal service is not reasonable under the circumstances, the person may deposit the notice and demand in the mail, postage prepaid, to the tenant's address, or leave a copy of the notice and demand in a conspicuous location at the tenant's residence.

(c) Within 10 days after the time the notice and demand are served, the landlord has a duty to take reasonable steps to investigate the tenant's alleged non-compliance with subsection (a-5) of Section 9-120. The landlord must notify the person who gave the notice and demand that an investigation is occurring. The landlord has 10 days from the time he or she notifies the person in which to conduct a reasonable investigation.

(d) If, after a reasonable investigation, the landlord finds that the tenant is not in compliance with subsection (a-5) of Section 9-120, the landlord may proceed directly to file a forcible entry and detainer action or take reasonable steps to ensure that the tenant discontinues the prohibited activity and is not in violation of subsection (a-5) of Section 9-120. The landlord shall notify the person who gave the notice and demand of whatever action the landlord takes.

(e) If, after a reasonable investigation, the landlord finds that the tenant is not in violation of subsection (a-5) of Section 9-120, the landlord shall notify the person who gave the notice and demand of the landlord's findings.

(f) The person who served the notice and demand may petition the appropriate court to have the tenancy terminated and the tenant removed from the premises if: (i) within 10 days after service of the notice and demand, the tenant fails to discontinue the gang-related activity and the landlord fails to conduct a reasonable investigation; (ii) the landlord notifies the person that the landlord conducted a reasonable investigation and found that the tenant is not engaged in gang-related activity as prohibited by subsection (a-5) of Section 9-120; or (iii) the landlord took reasonable steps to have the tenant comply with subsection (a-5) of Section 9-120, but the tenant has failed to comply within a reasonable time.

(g) If the court finds that the tenant is not in compliance with subsection (a-5) of Section 9-120, the court shall enter an order terminating the tenancy and requiring the tenant to vacate the premises. The court shall not issue the order terminating the tenancy unless it has found that the allegations of gang-related activity are corroborated by a source other than the person who has petitioned the court.

(h) The prevailing party shall recover reasonable attorneys' fees and costs. The court may impose sanctions, in addition to attorneys' fees, on a person who brought an action under this Section against the same tenant on more than one occasion if the court finds that the petition was brought with the intent to harass. However, the court must order the landlord to pay costs and reasonable attorneys' fees to the person petitioning for termination of the tenancy if the court finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails.