Bill Text: IL SB1401 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of possession 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-27 - Rule 3-9(a) / Re-referred to Assignments [SB1401 Detail]
Download: Illinois-2015-SB1401-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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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 possession 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.
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5 | (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
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6 | Sec. 9-104.2.
Demand - Notice - Termination of Lease and | ||||||
7 | Possession of a
Condominium.
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8 | (a) Unless the Board of Managers is seeking to
terminate | ||||||
9 | the right of possession of a tenant or other occupant of a unit
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10 | under
an existing lease or other arrangement with the owner
of | ||||||
11 | a unit, no demand nor summons need be served upon the tenant or | ||||||
12 | other
occupant in connection
with an action brought under | ||||||
13 | paragraph (7) of subsection (a) of Section
9-102 of this | ||||||
14 | Article.
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15 | (a-5) The Board of Managers may seek to terminate
the right | ||||||
16 | of possession of a tenant or other occupant of a unit under an
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17 | existing lease or other arrangement between the tenant or other | ||||||
18 | occupant and
the defaulting owner of a unit, either within the | ||||||
19 | same action against the unit
owner under paragraph (7) of | ||||||
20 | subsection (a) of Section 9-102 of this Article or
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21 | independently thereafter under other paragraphs of that | ||||||
22 | subsection. If a
tenant or other occupant of a unit is joined | ||||||
23 | within
the same action against the defaulting unit owner under | ||||||
24 | paragraph (7),
only the unit owner and not the tenant or other | ||||||
25 | occupant
need to be served with 30 days prior written notice as
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1 | provided in this Article.
The tenant or other occupant may be | ||||||
2 | joined as additional defendants at the
time the suit is filed
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3 | or at any time thereafter prior to execution of judgment for | ||||||
4 | possession by
filing, with or without prior leave of the court, | ||||||
5 | an amended complaint and
summons for trial. If the complaint | ||||||
6 | alleges that the unit is occupied or may
be occupied by persons | ||||||
7 | other than or in addition to the unit owner of record,
that the | ||||||
8 | identities of the persons are concealed and unknown, they may | ||||||
9 | be named
and joined as defendant "Unknown Occupants". Summons | ||||||
10 | may be served on the
defendant "Unknown Occupants" by the | ||||||
11 | sheriff or court appointed process server
by leaving a copy at | ||||||
12 | the unit with any person residing at the unit of the age
of
13 | ||||||
13 | years or greater, and if the summons is returned without | ||||||
14 | service stating
that service cannot be obtained, constructive | ||||||
15 | service may be obtained pursuant
to Section 9-107 of this Code | ||||||
16 | with notice mailed to "Unknown Occupants" at the
address of the | ||||||
17 | unit. If prior to execution of judgment for possession the
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18 | identity of a defendant or defendants served in this manner is | ||||||
19 | discovered, his
or her name or names
and the record may be | ||||||
20 | corrected upon hearing pursuant to notice of motion
served upon | ||||||
21 | the identified defendant or defendants at the unit in the | ||||||
22 | manner
provided by
court rule for service of notice of motion.
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23 | If however an action under paragraph (7) was brought
against | ||||||
24 | the defaulting unit owner only, and after obtaining judgment | ||||||
25 | for
possession and expiration of the stay on enforcement the | ||||||
26 | Board of Managers
elects not to accept a tenant or occupant in |
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1 | possession as its own and to
commence a separate action, | ||||||
2 | written
notice of the judgment against the unit owner and | ||||||
3 | demand to quit the premises
shall be served on the tenant or | ||||||
4 | other occupant in the manner provided under
Section 9-211 at
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5 | least 10 days prior to bringing suit to recover possession from | ||||||
6 | the tenant or
other occupant.
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7 | (b) If a judgment for possession is granted to the Board of | ||||||
8 | Managers under
Section 9-111, any interest of the unit owner to | ||||||
9 | receive rents under any
lease arrangement shall
be deemed | ||||||
10 | assigned to the Board of Managers until such time as the | ||||||
11 | judgment is
vacated.
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12 | (b-1) If a case filed under this Section names a tenant or | ||||||
13 | joins a tenant of the condominium unit, that tenant's name | ||||||
14 | shall be permanently suppressed by order of the court. | ||||||
15 | (c) If a judgment for possession is entered, the Board of | ||||||
16 | Managers may
obtain from the clerk of the court an | ||||||
17 | informational certificate notifying any
tenants
not parties to | ||||||
18 | the proceeding of the assignment of the unit owner's interest
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19 | in the lease arrangement to the Board of Managers
as a result | ||||||
20 | of the entry of the judgment for possession and stating that
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21 | any rent hereinafter due the unit owner or his agent under the | ||||||
22 | lease
arrangement should be paid to the Board of Managers until | ||||||
23 | further order of
court. If the tenant pays his rent to the | ||||||
24 | association pursuant to the
entry of such a judgement for | ||||||
25 | possession, the unit owner may not sue said
tenant for any such | ||||||
26 | amounts the tenant pays the association.
Upon service of the |
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1 | certificate on the tenant in the manner provided by
Section | ||||||
2 | 9-211 of this Code, the tenant shall be obligated to pay the | ||||||
3 | rent under
the lease arrangement to the Board of Managers as it | ||||||
4 | becomes due. If the
tenant thereafter fails and refuses to pay | ||||||
5 | the rent, the Board of Managers may
bring an action for | ||||||
6 | possession after making a demand for rent in accordance
with | ||||||
7 | Section 9-209 of this Code.
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8 | (c-5) In an action against the unit owner and lessee to | ||||||
9 | evict a lessee for
failure of the lessor/owner of the | ||||||
10 | condominium unit to comply with the leasing
requirements | ||||||
11 | prescribed by subsection (n) of Section 18 of the Condominium
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12 | Property Act or by
the declaration, bylaws, and rules and | ||||||
13 | regulations of the condominium, or
against a lessee for any | ||||||
14 | other breach by the lessee of any covenants, rules,
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15 | regulations, or bylaws of the condominium, the demand shall | ||||||
16 | give the lessee at
least 10 days to quit and vacate the unit. | ||||||
17 | The notice shall be substantially
in the following form:
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18 | "TO A.B. You are hereby notified that in consequence of | ||||||
19 | (here insert
lessor-owner name) failure to comply with the | ||||||
20 | leasing requirements prescribed
by Section 18(n) of the | ||||||
21 | Condominium Property Act or by the declaration, bylaws,
and | ||||||
22 | rules and regulations of the condominium, or your default | ||||||
23 | of any covenants,
rules, regulations or bylaws of the | ||||||
24 | condominium, in (here insert the character
of the default) | ||||||
25 | of the premises now occupied by you, being (here described | ||||||
26 | the
premises) the Board of Managers of (here describe the |
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1 | condominium) Association
elects to terminate your lease, | ||||||
2 | and you are hereby notified to quit and vacate
same within | ||||||
3 | 10 days of this date.".
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4 | The demand shall be signed by the Board of Managers, its | ||||||
5 | agent, or attorney
and shall be served either personally upon | ||||||
6 | the lessee with a copy to the unit
owner or by sending the | ||||||
7 | demand thereof by registered or certified mail with
return | ||||||
8 | receipt requested to the unit occupied by the lessee and to the | ||||||
9 | last
known address of the unit owner, and no other demand of | ||||||
10 | termination of such
tenancy shall be required. To be effective | ||||||
11 | service under this Section, a
demand sent by certified mail, | ||||||
12 | return receipt requested, to the unit occupied
by the lessee | ||||||
13 | and to the last known address of the unit owner need not be
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14 | received by the lessee or condominium unit owner.
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15 | (d) Nothing in this Section 9-104.2 is intended to confer | ||||||
16 | upon a Board of
Managers any greater authority with respect to | ||||||
17 | possession of a unit after a
judgment than was previously | ||||||
18 | established by this Act.
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19 | (Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
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20 | Section 99. Effective date. This Act takes effect 90 days | ||||||
21 | after becoming law.
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