98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1532

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-120.5 new

    Amends the Code of Civil Procedure. Defines "offensive use of property" as the repeated use of leased premises in a manner that disturbs the peace or is detrimental to the health and safety of the neighbors of the premises. Provides that in order to qualify as offensive use of property, all of the following conditions must exist: (1) on 3 or more separate occasions within a 60-day period, an act is committed on the property which is in violation of a State or municipal law intended to preserve the peace or to protect health and safety; (2) a lessee or his or her guest used, permitted the premises to be used, or knew or should have known that the premises would be used in the commission of the act; and (3) on each occasion, an arrest was made or a citation was issued for the commission of the act. Provides that if the standard for offensive use of property has been met, then the tenancy may be terminated and the owner, lessor, or agent shall be entitled to bring a forcible entry and detainer action. Contains provisions concerning procedure for terminating the lease and re-entering the premise. Provides that nothing in the new provisions shall limit the rights of an owner, lessor, or agent to bring a forcible entry and detainer action on the basis of other applicable law. Provides that governmental agencies shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of offensive use of property, but that a governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action under the new provisions or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made. Provides that a tenant or occupant may not be the subject of a forcible detainer under the new provisions in conjunction with a qualifying act in which that tenant or occupant is the victim of domestic violence, dating violence, sexual assault, or stalking.


LRB098 02803 HEP 39857 b

 

 

A BILL FOR

 

HB1532LRB098 02803 HEP 39857 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by adding
5Section 9-120.5 as follows:
 
6    (735 ILCS 5/9-120.5 new)
7    Sec. 9-120.5. Offensive Use of Property.
8    (a) As used in this Section, "offensive use of property"
9means the repeated use of leased premises in a manner that
10disturbs the peace or is detrimental to the health and safety
11of the neighbors of the premises. To qualify as offensive use
12of property, all of the following conditions must exist:
13        (1) on 3 or more separate occasions within a 60-day
14    period, an act is committed on the property which is in
15    violation of a State or municipal law intended to preserve
16    the peace or to protect health and safety;
17        (2) a lessee or his or her guest used, permitted the
18    premises to be used, or knew or should have known that the
19    premises would be used in the commission of the act; and
20        (3) on each occasion, an arrest was made or a citation
21    was issued for the commission of the act.
22    (b) If the standard for offensive use of property has been
23met, then the tenancy may be terminated and the owner, lessor,

 

 

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1or agent shall be entitled to bring a forcible entry and
2detainer action under this Section.
3    (c) If an owner, lessor, or agent terminates a tenancy
4under this Section, the owner, lessor, or agent shall be
5required to deliver a 5-day notice to quit to the lessee,
6specifying the alleged acts and the date of occurrence for
7each.
8    (d) A hearing shall be held not more than 14 days after
9filing of the forcible entry and detainer action. If the court
10finds that the standard for offensive use of property has been
11met, it shall enter judgment for possession of the premises in
12favor of the plaintiff. The plaintiff shall be entitled to
13re-enter the premises immediately or at such a time as the
14court determines is appropriate to preserve the peace.
15    (e) A judgment for possession under this Section shall not
16be stayed any longer than 7 days, unless all parties agree to a
17longer period. Thereafter, the plaintiff shall be entitled to
18re-enter the premises immediately. The sheriff or other
19lawfully deputized officer shall execute an order under this
20Section within 7 days of its entry or within 7 days of the
21expiration of a stay of judgment.
22    (f) Nothing in this Section shall limit the rights of an
23owner, lessor, or agent to bring a forcible entry and detainer
24action on the basis of other applicable law.
25    (g) The governmental agencies in whose jurisdiction the
26leased premises are located shall provide the owner, lessor, or

 

 

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1agent with the information reasonably necessary to
2substantiate the required elements of an action filed under
3this Section. A municipality or other governmental entity may
4not require an owner, lessor, or agent to bring a forcible
5entry and detainer action under this Section or impose a
6penalty on the owner, lessor, or agent for failure to evict
7when notification is made.
8    (h) A tenant or occupant may not be the subject of a
9forcible detainer under this Section in conjunction with a
10qualifying act in which that tenant or occupant is the victim
11of domestic violence, dating violence, sexual assault, or
12stalking.