Bill Text: IL HB5502 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Provides that a landlord may evict a tenant under the Section concerning emergency housing eviction proceedings if the tenant has failed to make any payment of rent in over 90 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5502 Detail]

Download: Illinois-2013-HB5502-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5502 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the Code of Civil Procedure. Provides that a landlord may evict a tenant under the Section concerning emergency housing eviction proceedings if the tenant has failed to make any payment of rent in over 90 days.
LRB098 17533 HEP 52642 b
A BILL FOR
HB5502 LRB098 17533 HEP 52642 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 9-118 as follows:
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the
Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings
ascribed to those terms in the Illinois Controlled Substances
Act.
(b) This Section applies only if all of the following
conditions are met:
(1) The complaint seeks possession of premises that are
owned or managed by a housing authority established under
the Housing Authorities Act or privately owned and managed.
(2) The verified complaint alleges that there is direct
evidence of any of the following:
(A) unlawful possessing, serving, storing,
manufacturing, cultivating, delivering, using,
selling, giving away, or trafficking in cannabis,

HB5502 - 2 - LRB098 17533 HEP 52642 b
methamphetamine, narcotics, or controlled substances
within or upon the premises by or with the knowledge
and consent of, or in concert with the person or
persons named in the complaint; or
(B) the possession, use, sale, or delivery of a
firearm which is otherwise prohibited by State law
within or upon the premises by or with the knowledge
and consent of, or in concert with, the person or
persons named in the complaint; or
(C) murder, attempted murder, kidnapping,
attempted kidnapping, arson, attempted arson,
aggravated battery, criminal sexual assault, attempted
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
or criminal sexual abuse within or upon the premises by
or with the knowledge and consent of, or in concert
with, the person or persons named in the complaint; or
.
(D) failure of the tenant to make any payment of
rent in over 90 days.
(3) Notice by verified complaint setting forth the
relevant facts, and a demand for possession of the type
specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a hearing
on the complaint is held, and proof of service of the
complaint is submitted by the plaintiff to the court.

HB5502 - 3 - LRB098 17533 HEP 52642 b
(b-5) In all actions brought under this Section 9-118, no
predicate notice of termination or demand for possession shall
be required to initiate an eviction action.
(c) When a complaint has been filed under this Section, a
hearing on the complaint shall be scheduled on any day after
the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to present
any evidence on his or her behalf at that time.
If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for
dismissal of the complaint.
(d) If the defendant does not appear at the hearing,
judgment for possession of the premises in favor of the
plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed in
other proceedings for possession. The matter shall not be
continued beyond 7 days from the date set for the first hearing
on the complaint except by agreement of both the plaintiff and
the defendant. After a trial, if the court finds, by a
preponderance of the evidence, that the allegations in the
complaint have been proven, the court shall enter judgment for
possession of the premises in favor of the plaintiff and the
court shall order that the plaintiff shall be entitled to

HB5502 - 4 - LRB098 17533 HEP 52642 b
re-enter the premises immediately.
(d-5) If cannabis, methamphetamine, narcotics, or
controlled substances are found or used anywhere in the
premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine, narcotics, or controlled substances
were used or possessed by a tenant or occupant or (2) that a
tenant or occupant permitted the premises to be used for that
use or possession, and knew or should have reasonably known
that the substance was used or possessed.
(e) A judgment for possession entered under this Section
may not be stayed for any period in excess of 7 days by the
court. Thereafter the plaintiff shall be entitled to re-enter
the premises immediately. The sheriff or other lawfully
deputized officers shall give priority to service and execution
of orders entered under this Section over other possession
orders.
(f) This Section shall not be construed to prohibit the use
or possession of cannabis, methamphetamine, narcotics, or a
controlled substance that has been legally obtained in
accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.
(Source: P.A. 94-556, eff. 9-11-05.)