Bill Text: IL HB1532 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: 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.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1532 Detail]

Download: Illinois-2013-HB1532-Amended.html

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Sen. Thomas Cullerton

Filed: 5/21/2014

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AMENDMENT TO HOUSE BILL 1532
AMENDMENT NO. ______. Amend House Bill 1532 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
adding Section 9-120.5 as follows:
(735 ILCS 5/9-120.5 new)
Sec. 9-120.5. Offensive use of property.
(a) As used in this Section, "offensive use of property"
means 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. 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:
(A) a felony or a Class A misdemeanor;
(B) a violation of subsection (a)(1) of Section

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26-1 of the Criminal Code of 2012; or
(C) a violation of a public order regulation
adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the
Illinois Municipal Code;
(2) a lessee or his or her guest used the premises,
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, a criminal charge or a complaint
or notice alleging an ordinance violation was filed or
issued for the commission of the act.
(b) If a lessee, occupant, or any person lawfully upon the
property calls the police for assistance and as a result of
that call a criminal charge or citation is issued, any such
charge or citation shall not constitute a qualifying act for
purposes of this Section.
(c) A tenant or occupant may not be the subject of a
forcible detainer under this Section in conjunction with a
qualifying act in which that tenant or occupant is the victim
of domestic violence, dating violence, sexual assault, or
stalking.
(d) 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 under this Section.
(e) If an owner, lessor, or agent terminates a tenancy

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under this Section, the owner, lessor, or agent shall be
required to deliver a 5-day notice to quit to the lessee,
specifying the alleged acts and the date of occurrence for
each. The notice shall be substantially in the following form:
"To .........(names of tenants) and all other unknown
occupants. Because of the repeated use of the residence you
rent at ............ (location of the premises) in a manner
that disturbs your neighbors or threatens the health and
safety of your neighbors, I have chosen to terminate your
right to remain in the property. The specific acts, which
took place in a 60-day period and resulted in a criminal
charge or a complaint or notice alleging an ordinance
violation, are: ................. (insert the alleged acts
and the date of occurrence for each). You are hereby
notified to return possession of your residence to me
within 5 days of this date ............ (date of delivery
of notice).
Any person identified in this notice who, because of an
act listed in this notice, is a victim of domestic
violence, dating violence, sexual assault, or stalking may
present the court documentation to defend the victim's
right to retain possession of the residence. Documentation
may include, but is not limited to, medical, court, or
police records documenting the violence or a statement from
either an employee of a victim service organization or a
medical professional from whom the victim sought services.

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This demand is being made pursuant to Illinois law
(Section 9-120.5 of the Code of Civil Procedure, 735 ILCS
5/9-120.5, which can be found online for further
information)."
The notice shall be signed by the owner, lessor, or agent.
No other notice or demand of possession or termination of the
tenancy is necessary.
(f) A hearing shall be held not more than 14 days after
filing of the forcible entry and detainer action. If the court
finds that the standard for offensive use of property has been
met, it shall enter judgment for possession of the premises in
favor of the plaintiff. The plaintiff shall be entitled to
re-enter the premises immediately, or no later than within 7
days of the entry of the judgment for possession of the
premises if the court determines such a stay is appropriate to
preserve the peace.
(g) The court may stay a judgment for possession for up to
6 months, provided:
(1) all parties agree to the stay;
(2) the court determines the lessee is willing and able
to prevent the offensive use of the property from
continuing; and
(3) none of the qualifying acts were of a violent
nature.
The stay shall be lifted and judgment for possession shall
be enforced if, prior to the expiration of the stay, the

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plaintiff petitions the court to terminate the stay and the
court finds that, subsequent to the issuance of the stay, an
act has been committed on the property which qualifies as
offensive use of property under subsection (a) of this Section.
The judgment for possession shall otherwise be automatically
vacated at the end of the period of the stay. Upon the lifting
of the stay, the plaintiff shall be entitled to re-enter the
premises immediately.
(h) The sheriff or other lawfully deputized officer shall
execute an order under this Section within 7 days of its entry
or within 7 days of the expiration of a stay of judgment.
(i) Nothing in this Section 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.
(j) The governmental agencies in whose jurisdiction the
leased premises are located shall provide the owner, lessor, or
agent with the information reasonably necessary to
substantiate the required elements of an action filed under
this Section. A municipality or other governmental entity may
not require an owner, lessor, or agent to bring a forcible
entry and detainer action under this Section or impose a
penalty on the owner, lessor, or agent for failure to evict
when notification is made.".