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90_HB3639
310 ILCS 10/33 new
Amends the Housing Authorities Act. Provides that no
personal injury action shall be commenced in any court
against a housing authority in a municipality having over
1,000,000 inhabitants, or its employees acting in the course
of their employment, unless it is commenced within one year
from the date the injury was received or the cause of action
accrued and that within 6 months from the date the injury was
received or the cause of action accrued, any person who is
about to commence any personal injury action against such a
housing authority, or its employees acting in the course of
their employment, shall file with the housing authority a
statement in writing including certain specified details
regarding the incident. Provides that the 6 month notice
requirement shall not apply to any undiscovered or unknown
lead paint or asbestos injury. Provides that if the required
notice is not filed as provided the personal injury action
shall be dismissed and the plaintiff barred from further
suing. Effective immediately.
LRB9008119SMdvA
LRB9008119SMdvA
1 AN ACT to amend the Housing Authorities Act by adding
2 Section 33.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Housing Authorities Act is amended by
6 adding Section 33 as follows:
7 (310 ILCS 10/33 new)
8 Sec. 33. Limitation on actions. In addition to the
9 provisions in the Local Governmental and Governmental
10 Employees Tort Immunity Act applicable to a housing authority
11 of a municipality having over 1,000,000 inhabitants, no civil
12 action shall be commenced in any court against a housing
13 authority of a municipality having over 1,000,000
14 inhabitants, or its employees acting in the course of their
15 employment, by any person for any injury to his or her person
16 unless it is commenced within one year from the date the
17 injury was received or the cause of action accrued.
18 Within 6 months from the date the injury was received or
19 the cause of action accrued, any person who is about to
20 commence any civil action in any court against a housing
21 authority of a municipality having over 1,000,000
22 inhabitants, or its employees acting in the course of their
23 employment, for damages on account of any injury to his or
24 her person shall file in the office of the Executive Director
25 and also in the office of the General Counsel for that
26 housing authority either by himself or herself, his or her
27 agent, or attorney, a statement, in writing, signed by
28 himself or herself, his or her agent, or attorney, giving the
29 name of the person to whom the cause of action has accrued,
30 the name and residence of the person injured, the date and
31 approximate hour of the incident, the place or location where
-2- LRB9008119SMdvA
1 the incident occurred and the name and address of the
2 attending physician, if any. The 6 month notice requirement
3 shall not apply to any undiscovered or unknown lead paint or
4 asbestos injury.
5 If the notice provided for by this Section is not filed
6 as provided, any such civil action for personal injury
7 commenced against a housing authority of a municipality
8 having over 1,000,000 inhabitants shall be dismissed and the
9 person to whom any cause of action accrued for any personal
10 injury shall be forever barred from further suing.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.