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90_SB1945
740 ILCS 130/6 new
765 ILCS 405/4 new
Amends the Premises Liability Act and the Land Trust
Beneficial Interest Disclosure Act. Imposes on owner of a
derelict vacant building or a person having lawful control of
the premises a nondelegable, absolute duty to provide
reasonable protection for the lives, health, and safety of
others, including trespassers, including preventing
intentional or criminal conduct facilitated by the condition
of the building that causes injury or death. Imposes tort
liability on property owners or persons having lawful control
of derelict vacant buildings. Requires that such a property
owner or other person register with the police department,
and makes failure to register a Class B misdemeanor.
Requires that a trustee of a land trust holding real estate
certified by a municipality or law enforcement agency to be a
derelict vacant building disclose the identities of the land
trust beneficiaries upon request. Effective immediately.
LRB9012326DJpc
LRB9012326DJpc
1 AN ACT concerning derelict vacant buildings, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Premises Liability Act is amended by
6 adding Section 6 as follows:
7 (740 ILCS 130/6 new)
8 Sec. 6. Derelict vacant buildings.
9 (a) As used in this Section:
10 "Derelict vacant building" means a building (i) that has
11 been neglected, has been left to fall to ruin, and has
12 remained uninhabited by lawful occupants or at which all
13 lawful business operations have ceased and (ii) that
14 continues in such condition for at least 30 days after notice
15 has been sent to the owner or person having lawful control of
16 the premises or to an agent of the property owner or person
17 having lawful control of the premises.
18 "Property owner" means the person owning the beneficial
19 interest of a land trust holding title to the property or the
20 individual officers and owners of the corporation holding
21 title to the property.
22 "Person having lawful control of the premises" means the
23 person actually having control of the premises, and not a
24 land trust or corporate entity.
25 "Notice" means a written notice served by the
26 municipality having jurisdiction over the property or by a
27 law enforcement agency upon the individual having lawful
28 control of the premises or upon the person whose name and
29 address is listed on the county real estate records for
30 receipt of the tax bills for the real estate or upon the
31 person who is registered with the municipality as the owner
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1 or agent with respect to the property.
2 (b) Notwithstanding any other provision of this Act, any
3 person who owns or has under the person's lawful control
4 property on which there is situated a derelict vacant
5 building has a continuing nondelegable, absolute duty to
6 provide reasonable protection for the lives, health, and
7 safety of all persons, including trespassers, by maintaining
8 the premises in a safe, secure, closed, and locked condition.
9 This duty includes preventing intentional or criminal conduct
10 that is facilitated by the condition of the derelict vacant
11 building and that causes injury or death.
12 (c) Any property owner or person having lawful control
13 of the premises of a derelict vacant building shall be liable
14 in tort to any person who is caused injury as a result of a
15 breach of the duty described in paragraph (a), unless force
16 was used to break the locked condition of the premises or the
17 injury was caused in whole or in part by the willful and
18 wanton conduct of the person who is injured.
19 (d) Every notice under this Section shall be served:
20 (1) by mailing the notice by registered or
21 certified mail, return receipt requested; or
22 (2) by personal delivery; or
23 (3) by use of a facsimile machine with a copy of
24 the notice and proof of fax transmission being sent by
25 regular mail within 24 hours after the fax transmission;
26 or
27 (4) by publication; or
28 (5) by posting a notice on the front of the
29 building for 30 days in a location observable from the
30 public sidewalk.
31 Every notice shall include, but not be limited to, the
32 common address of the premises, the date the notice is
33 initiated, a declaration that the building is deemed to be a
34 derelict vacant building, the basis for the building being
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1 deemed a derelict vacant building, the date 30 days after the
2 effective date of the notice, and the identity and location
3 of the municipality or law enforcement agency sending the
4 notice.
5 (e) Tort liability under this Section may be established
6 by proving that:
7 (1) a derelict vacant building remained in an
8 unlocked condition for 5 consecutive days; or
9 (2) a derelict vacant building remained in an
10 unlocked condition for 2 days after the property owner or
11 person having control of the property was notified of the
12 unlocked condition of the property; or
13 (3) unauthorized persons were permitted to occupy
14 the derelict vacant building; or
15 (4) the derelict vacant building was permitted to
16 remain in an unsafe condition.
17 Items (1) through (4) are stated by way of example and
18 not by way of limitation.
19 (e) Within 7 days after a building becomes uninhabited
20 by lawful occupants or all lawful business operations at the
21 building have ceased, the property owner and the person
22 having lawful control of the derelict vacant building shall
23 do all of the following:
24 (1) Register the name, address, and telephone
25 number of the owner and the person having lawful control
26 of the derelict vacant building with the police
27 department of the municipality in which the building is
28 located.
29 (2) Post on the front of the building, in lettering
30 clearly visible from the public sidewalk, the name,
31 address, and telephone number of the owner and the person
32 having lawful control of the derelict vacant building.
33 A violation of this subsection is a Class B misdemeanor.
34 (f) Each trustee of a land trust holding real estate
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1 certified by a municipality or a law enforcement agency to be
2 a derelict vacant building shall comply with the provisions
3 of Section 4 of the Land Trust Beneficial Interest Disclosure
4 Act in disclosing the beneficiaries of the land trust in
5 writing to any person who submits (i) a written certification
6 that the principal of the land trust is a derelict vacant
7 building and (ii) a request for the identity of the
8 beneficiaries of the land trust.
9 Section 10. The Land Trust Beneficial Interest
10 Disclosure Act is amended by adding Section 4 as follows:
11 (765 ILCS 405/4 new)
12 Sec. 4. Derelict vacant buildings.
13 (a) Each trustee of a land trust holding real estate
14 certified by a municipality or by a law enforcement agency to
15 be a derelict vacant building as defined in Section 6 of the
16 Premises Liability Act shall disclose in writing, to any
17 person who submits a written request for the identity of the
18 beneficiaries of the land trust, the name, address, and
19 beneficial interest of each actual beneficiary of the land
20 trust, regardless of the size of the beneficiary's beneficial
21 interest. The trustee shall also disclose, whether or not
22 specifically requested, the name and address of each person
23 to be notified by the trustee regarding any inquiry about the
24 land trust.
25 (b) Each trustee of a land trust shall promptly comply
26 with a request under subsection (a) within 7 working days
27 after receipt of the written request. Failure to respond to
28 the written request within 7 working days after its receipt
29 shall be considered a denial of the request.
30 (c) The trustee of a land trust, in his or her capacity
31 as trustee, shall verify or affirm the written disclosure of
32 information provided to any person pursuant to a request
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1 under this Section. If the trustee is a corporation or other
2 business entity, the information shall be verified or
3 affirmed by an authorized officer of the entity.
4 (d) The trustee of the land trust shall include as part
5 of any document transferring any of the principal of the
6 trust a copy of any written request for information about the
7 identities of the beneficiaries of the trust that was
8 received by the trustee within 60 days of the transfer.
9 (e) Any subsequent trustee of a land trust that receives
10 notice of a written request for the identities of the
11 beneficiaries of the land trust pursuant to this Section
12 shall disclose the identities of the trust beneficiaries in
13 the same manner as if the original written request was served
14 on that subsequent trustee.
15 (f) The time limits prescribed in subsection (b) may be
16 extended in each case for not more than 7 additional working
17 days for any of the following reasons:
18 (1) The requested information is stored in whole or
19 part at locations other than the office having charge of
20 the requested information.
21 (2) The requested information has not been located
22 in the course of a routine search, and additional efforts
23 are being made to locate the information.
24 (3) The request for information cannot be complied
25 with by the trustee within the time limits prescribed by
26 subsection (b) without unduly burdening or interfering
27 with the operations of the trustee.
28 (g) When additional time is required for any reason
29 specified in subsection (f), the trustee shall, by letter
30 mailed within the time limits specified by subsection (b),
31 notify the person making the written request of the reason
32 for the delay and the date by which the information will be
33 made available. In no instance may the delay in disclosing
34 the information last longer than 7 working days. A failure to
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1 disclose the requested information within those additional 7
2 working days shall be considered a denial of the request.
3 (h) Any person denied information concerning
4 beneficiaries of a land trust by the trustee of the land
5 trust may file suit for injunctive relief or declaratory
6 relief in the circuit court of the county where the trustee
7 has its principal office or location or where the person who
8 was denied the information resides.
9 (i) The circuit court shall have jurisdiction to enjoin
10 the trustee of the land trust from withholding the requested
11 information and to order the production of any records
12 relating to the requested information improperly withheld
13 from the person seeking the information.
14 (j) The burden shall be on the trustee of the land trust
15 to establish that the failure of the trustee to provide the
16 requested information is not a violation of this Section.
17 (k) If a person seeking to receive information
18 concerning the beneficiaries of the land trust from the
19 trustee of the land trust prevails in a proceeding under this
20 Section, the court shall award that person reasonable
21 attorney's fees and court costs if the court finds that the
22 trustee lacked any reasonable basis in law for withholding
23 the information.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.