Full Text of SB0077 101st General Assembly
SB0077 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB0077 Introduced 1/23/2019, by Sen. Patricia Van Pelt SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-102.5 new | | 735 ILCS 5/9-104.2 | from Ch. 110, par. 9-104.2 |
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Amends the Eviction Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of eviction in favor of the plaintiff is entered. Provides that unsealed records shall remain unsealed for a period of 7 years. Provides that after 7 years, access to the court records may be obtained only by specified parties. Provides that if a case is filed by a board of managers of a condominium association and names or joins a tenant of a condominium unit to the proceedings, the tenant's name shall be permanently suppressed by order of the court. Effective 90 days after becoming law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-104.2 and by adding Section 9-102.5 as | 6 | | follows: | 7 | | (735 ILCS 5/9-102.5 new) | 8 | | Sec. 9-102.5. Sealing of records. Once an action under this | 9 | | Article is initiated, the clerk shall hold under seal all | 10 | | records under the action. The records shall be unsealed if the | 11 | | court enters a final order of eviction in favor of the | 12 | | plaintiff or plaintiffs and against the defendant or | 13 | | defendants. Once the records are unsealed, they shall remain | 14 | | part of the public record for a period of 7 years, at which | 15 | | time the clerk shall place the records under seal. The clerk | 16 | | shall provide access to the sealed files to: | 17 | | (1) a named party to the action, including a party's | 18 | | attorney; | 19 | | (2) any person who provides the clerk with the names of | 20 | | at least one plaintiff and one defendant and the address of | 21 | | the premises, including the apartment or unit number, if | 22 | | any; | 23 | | (3) a resident of the premises who provides the clerk |
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| 1 | | with the name of one of the parties or the case number and | 2 | | shows any proof of residency of the premises; and | 3 | | (4) any person by order of the court upon a showing of | 4 | | good cause.
| 5 | | (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
| 6 | | Sec. 9-104.2. Condominiums: demand, notice, termination of | 7 | | lease, and eviction. | 8 | | (a) Unless the Board of Managers is seeking to evict
a | 9 | | tenant or other occupant of a unit
under
an existing lease or | 10 | | other arrangement with the owner
of a unit, no demand nor | 11 | | summons need be served upon the tenant or other
occupant in | 12 | | connection
with an action brought under paragraph (7) of | 13 | | subsection (a) of Section
9-102 of this Article.
| 14 | | (a-5) The Board of Managers may seek to evict a tenant or | 15 | | other occupant of a unit under an
existing lease or other | 16 | | arrangement between the tenant or other occupant and
the | 17 | | defaulting owner of a unit, either within the same action | 18 | | against the unit
owner under paragraph (7) of subsection (a) of | 19 | | Section 9-102 of this Article or
independently thereafter under | 20 | | other paragraphs of that subsection. If a
tenant or other | 21 | | occupant of a unit is joined within
the same action against the | 22 | | defaulting unit owner under paragraph (7),
only the unit owner | 23 | | and not the tenant or other occupant
need to be served with 30 | 24 | | days prior written notice as
provided in this Article.
The | 25 | | tenant or other occupant may be joined as additional defendants |
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| 1 | | at the
time the suit is filed
or at any time thereafter prior | 2 | | to execution of the eviction order by
filing, with or without | 3 | | prior leave of the court, an amended complaint and
summons for | 4 | | trial. If the complaint alleges that the unit is occupied or | 5 | | may
be occupied by persons other than or in addition to the | 6 | | unit owner of record,
that the identities of the persons are | 7 | | concealed and unknown, they may be named
and joined as | 8 | | defendant "Unknown Occupants". Summons may be served on the
| 9 | | defendant "Unknown Occupants" by the sheriff or court appointed | 10 | | process server
by leaving a copy at the unit with any person | 11 | | residing at the unit of the age
of
13 years or greater, and if | 12 | | the summons is returned without service stating
that service | 13 | | cannot be obtained, constructive service may be obtained | 14 | | pursuant
to Section 9-107 of this Code with notice mailed to | 15 | | "Unknown Occupants" at the
address of the unit. If prior to | 16 | | execution of the eviction order the
identity of a defendant or | 17 | | defendants served in this manner is discovered, his
or her name | 18 | | or names
and the record may be corrected upon hearing pursuant | 19 | | to notice of motion
served upon the identified defendant or | 20 | | defendants at the unit in the manner
provided by
court rule for | 21 | | service of notice of motion.
If, however, an action under | 22 | | paragraph (7) was brought
against the defaulting unit owner | 23 | | only, and after obtaining an eviction order and expiration of | 24 | | the stay on enforcement the Board of Managers
elects not to | 25 | | accept a tenant or occupant in possession as its own and to
| 26 | | commence a separate action, written
notice of the eviction |
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| 1 | | order against the unit owner and demand to quit the premises
| 2 | | shall be served on the tenant or other occupant in the manner | 3 | | provided under
Section 9-211 at
least 10 days prior to bringing | 4 | | suit to evict the tenant or
other occupant.
| 5 | | (b) If an eviction order is granted to the Board of | 6 | | Managers under
Section 9-111, any interest of the unit owner to | 7 | | receive rents under any
lease arrangement shall
be deemed | 8 | | assigned to the Board of Managers until such time as the | 9 | | judgment is
vacated.
| 10 | | (b-1) If a case filed under this Section names a tenant or | 11 | | joins a tenant of the condominium unit, that tenant's name | 12 | | shall be permanently suppressed by order of the court. | 13 | | (c) If an eviction order is entered, the Board of Managers | 14 | | may
obtain from the clerk of the court an informational | 15 | | certificate notifying any
tenants
not parties to the proceeding | 16 | | of the assignment of the unit owner's interest
in the lease | 17 | | arrangement to the Board of Managers
as a result of the entry | 18 | | of the eviction order and stating that
any rent hereinafter due | 19 | | the unit owner or his agent under the lease
arrangement should | 20 | | be paid to the Board of Managers until further order of
court. | 21 | | If the tenant pays his rent to the association pursuant to the
| 22 | | entry of such an eviction order, the unit owner may not sue | 23 | | said
tenant for any such amounts the tenant pays the | 24 | | association.
Upon service of the certificate on the tenant in | 25 | | the manner provided by
Section 9-211 of this Code, the tenant | 26 | | shall be obligated to pay the rent under
the lease arrangement |
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| 1 | | to the Board of Managers as it becomes due. If the
tenant | 2 | | thereafter fails and refuses to pay the rent, the Board of | 3 | | Managers may
bring an eviction action after making a demand for | 4 | | rent in accordance
with Section 9-209 of this Code.
| 5 | | (c-5) In an action against the unit owner and lessee to | 6 | | evict a lessee for
failure of the lessor/owner of the | 7 | | condominium unit to comply with the leasing
requirements | 8 | | prescribed by subsection (n) of Section 18 of the Condominium
| 9 | | Property Act or by
the declaration, bylaws, and rules and | 10 | | regulations of the condominium, or
against a lessee for any | 11 | | other breach by the lessee of any covenants, rules,
| 12 | | regulations, or bylaws of the condominium, the demand shall | 13 | | give the lessee at
least 10 days to quit and vacate the unit. | 14 | | The notice shall be substantially
in the following form:
| 15 | | "TO A.B. You are hereby notified that in consequence of | 16 | | (here insert
lessor-owner name) failure to comply with the | 17 | | leasing requirements prescribed
by Section 18(n) of the | 18 | | Condominium Property Act or by the declaration, bylaws,
and | 19 | | rules and regulations of the condominium, or your default | 20 | | of any covenants,
rules, regulations or bylaws of the | 21 | | condominium, in (here insert the character
of the default) | 22 | | of the premises now occupied by you, being (here described | 23 | | the
premises) the Board of Managers of (here describe the | 24 | | condominium) Association
elects to terminate your lease, | 25 | | and you are hereby notified to quit and vacate
same within | 26 | | 10 days of this date.".
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| 1 | | The demand shall be signed by the Board of Managers, its | 2 | | agent, or attorney
and shall be served either personally upon | 3 | | the lessee with a copy to the unit
owner or by sending the | 4 | | demand thereof by registered or certified mail with
return | 5 | | receipt requested to the unit occupied by the lessee and to the | 6 | | last
known address of the unit owner, and no other demand of | 7 | | termination of such
tenancy shall be required. To be effective | 8 | | service under this Section, a
demand sent by certified mail, | 9 | | return receipt requested, to the unit occupied
by the lessee | 10 | | and to the last known address of the unit owner need not be
| 11 | | received by the lessee or condominium unit owner.
| 12 | | (d) Nothing in this Section 9-104.2 is intended to confer | 13 | | upon a Board of
Managers any greater authority with respect to | 14 | | possession of a unit after a
judgment than was previously | 15 | | established by this Act.
| 16 | | (Source: P.A. 100-173, eff. 1-1-18 .)
| 17 | | Section 99. Effective date. This Act takes effect 90 days | 18 | | after becoming law.
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