Bill Text: IL SB0077 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of eviction 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 3-0)

Status: (Introduced) 2019-03-28 - Rule 3-9(a) / Re-referred to Assignments [SB0077 Detail]

Download: Illinois-2019-SB0077-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0077

Introduced 1/23/2019, by Sen. Patricia Van Pelt

SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-102.5 new
735 ILCS 5/9-104.2 from Ch. 110, par. 9-104.2

Amends the Eviction Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of eviction 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.
LRB101 07113 LNS 52150 b

A BILL FOR

SB0077LRB101 07113 LNS 52150 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 9-104.2 and by adding Section 9-102.5 as
6follows:
7 (735 ILCS 5/9-102.5 new)
8 Sec. 9-102.5. Sealing of records. Once an action under this
9Article is initiated, the clerk shall hold under seal all
10records under the action. The records shall be unsealed if the
11court enters a final order of eviction in favor of the
12plaintiff or plaintiffs and against the defendant or
13defendants. Once the records are unsealed, they shall remain
14part of the public record for a period of 7 years, at which
15time the clerk shall place the records under seal. The clerk
16shall 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

SB0077- 2 -LRB101 07113 LNS 52150 b
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.
5 (735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
6 Sec. 9-104.2. Condominiums: demand, notice, termination of
7lease, and eviction.
8 (a) Unless the Board of Managers is seeking to evict a
9tenant or other occupant of a unit under an existing lease or
10other arrangement with the owner of a unit, no demand nor
11summons need be served upon the tenant or other occupant in
12connection with an action brought under paragraph (7) of
13subsection (a) of Section 9-102 of this Article.
14 (a-5) The Board of Managers may seek to evict a tenant or
15other occupant of a unit under an existing lease or other
16arrangement between the tenant or other occupant and the
17defaulting owner of a unit, either within the same action
18against the unit owner under paragraph (7) of subsection (a) of
19Section 9-102 of this Article or independently thereafter under
20other paragraphs of that subsection. If a tenant or other
21occupant of a unit is joined within the same action against the
22defaulting unit owner under paragraph (7), only the unit owner
23and not the tenant or other occupant need to be served with 30
24days prior written notice as provided in this Article. The
25tenant or other occupant may be joined as additional defendants

SB0077- 3 -LRB101 07113 LNS 52150 b
1at the time the suit is filed or at any time thereafter prior
2to execution of the eviction order by filing, with or without
3prior leave of the court, an amended complaint and summons for
4trial. If the complaint alleges that the unit is occupied or
5may be occupied by persons other than or in addition to the
6unit owner of record, that the identities of the persons are
7concealed and unknown, they may be named and joined as
8defendant "Unknown Occupants". Summons may be served on the
9defendant "Unknown Occupants" by the sheriff or court appointed
10process server by leaving a copy at the unit with any person
11residing at the unit of the age of 13 years or greater, and if
12the summons is returned without service stating that service
13cannot be obtained, constructive service may be obtained
14pursuant to Section 9-107 of this Code with notice mailed to
15"Unknown Occupants" at the address of the unit. If prior to
16execution of the eviction order the identity of a defendant or
17defendants served in this manner is discovered, his or her name
18or names and the record may be corrected upon hearing pursuant
19to notice of motion served upon the identified defendant or
20defendants at the unit in the manner provided by court rule for
21service of notice of motion. If, however, an action under
22paragraph (7) was brought against the defaulting unit owner
23only, and after obtaining an eviction order and expiration of
24the stay on enforcement the Board of Managers elects not to
25accept a tenant or occupant in possession as its own and to
26commence a separate action, written notice of the eviction

SB0077- 4 -LRB101 07113 LNS 52150 b
1order against the unit owner and demand to quit the premises
2shall be served on the tenant or other occupant in the manner
3provided under Section 9-211 at least 10 days prior to bringing
4suit to evict the tenant or other occupant.
5 (b) If an eviction order is granted to the Board of
6Managers under Section 9-111, any interest of the unit owner to
7receive rents under any lease arrangement shall be deemed
8assigned to the Board of Managers until such time as the
9judgment is vacated.
10 (b-1) If a case filed under this Section names a tenant or
11joins a tenant of the condominium unit, that tenant's name
12shall be permanently suppressed by order of the court.
13 (c) If an eviction order is entered, the Board of Managers
14may obtain from the clerk of the court an informational
15certificate notifying any tenants not parties to the proceeding
16of the assignment of the unit owner's interest in the lease
17arrangement to the Board of Managers as a result of the entry
18of the eviction order and stating that any rent hereinafter due
19the unit owner or his agent under the lease arrangement should
20be paid to the Board of Managers until further order of court.
21If the tenant pays his rent to the association pursuant to the
22entry of such an eviction order, the unit owner may not sue
23said tenant for any such amounts the tenant pays the
24association. Upon service of the certificate on the tenant in
25the manner provided by Section 9-211 of this Code, the tenant
26shall be obligated to pay the rent under the lease arrangement

SB0077- 5 -LRB101 07113 LNS 52150 b
1to the Board of Managers as it becomes due. If the tenant
2thereafter fails and refuses to pay the rent, the Board of
3Managers may bring an eviction action after making a demand for
4rent in accordance with Section 9-209 of this Code.
5 (c-5) In an action against the unit owner and lessee to
6evict a lessee for failure of the lessor/owner of the
7condominium unit to comply with the leasing requirements
8prescribed by subsection (n) of Section 18 of the Condominium
9Property Act or by the declaration, bylaws, and rules and
10regulations of the condominium, or against a lessee for any
11other breach by the lessee of any covenants, rules,
12regulations, or bylaws of the condominium, the demand shall
13give the lessee at least 10 days to quit and vacate the unit.
14The notice shall be substantially in the following form:
15 "TO A.B. You are hereby notified that in consequence of
16 (here insert lessor-owner name) failure to comply with the
17 leasing requirements prescribed by Section 18(n) of the
18 Condominium Property Act or by the declaration, bylaws, and
19 rules and regulations of the condominium, or your default
20 of any covenants, rules, regulations or bylaws of the
21 condominium, in (here insert the character of the default)
22 of the premises now occupied by you, being (here described
23 the premises) the Board of Managers of (here describe the
24 condominium) Association elects to terminate your lease,
25 and you are hereby notified to quit and vacate same within
26 10 days of this date.".

SB0077- 6 -LRB101 07113 LNS 52150 b
1 The demand shall be signed by the Board of Managers, its
2agent, or attorney and shall be served either personally upon
3the lessee with a copy to the unit owner or by sending the
4demand thereof by registered or certified mail with return
5receipt requested to the unit occupied by the lessee and to the
6last known address of the unit owner, and no other demand of
7termination of such tenancy shall be required. To be effective
8service under this Section, a demand sent by certified mail,
9return receipt requested, to the unit occupied by the lessee
10and to the last known address of the unit owner need not be
11received by the lessee or condominium unit owner.
12 (d) Nothing in this Section 9-104.2 is intended to confer
13upon a Board of Managers any greater authority with respect to
14possession of a unit after a judgment than was previously
15established by this Act.
16(Source: P.A. 100-173, eff. 1-1-18.)
17 Section 99. Effective date. This Act takes effect 90 days
18after becoming law.
feedback