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: (Failed) 2021-01-13 - Session Sine Die [SB0077 Detail]
Download: Illinois-2019-SB0077-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 eviction 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. Condominiums: demand, notice, termination of | ||||||
7 | lease, and eviction. | ||||||
8 | (a) Unless the Board of Managers is seeking to evict
a | ||||||
9 | tenant or other occupant of a unit
under
an existing lease or | ||||||
10 | other arrangement with the owner
of a unit, no demand nor | ||||||
11 | summons need be served upon the tenant or other
occupant in | ||||||
12 | connection
with an action brought under paragraph (7) of | ||||||
13 | subsection (a) of Section
9-102 of this Article.
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14 | (a-5) The Board of Managers may seek to evict a tenant or | ||||||
15 | other occupant of a unit under an
existing lease or other | ||||||
16 | arrangement between the tenant or other occupant and
the | ||||||
17 | defaulting owner of a unit, either within the same action | ||||||
18 | against the unit
owner under paragraph (7) of subsection (a) of | ||||||
19 | Section 9-102 of this Article or
independently thereafter under | ||||||
20 | other paragraphs of that subsection. If a
tenant or other | ||||||
21 | occupant of a unit is joined within
the same action against the | ||||||
22 | defaulting unit owner under paragraph (7),
only the unit owner | ||||||
23 | and not the tenant or other occupant
need to be served with 30 | ||||||
24 | days prior written notice as
provided in this Article.
The | ||||||
25 | tenant or other occupant may be joined as additional defendants |
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1 | at the
time the suit is filed
or at any time thereafter prior | ||||||
2 | to execution of the eviction order by
filing, with or without | ||||||
3 | prior leave of the court, an amended complaint and
summons for | ||||||
4 | trial. If the complaint alleges that the unit is occupied or | ||||||
5 | may
be occupied by persons other than or in addition to the | ||||||
6 | unit owner of record,
that the identities of the persons are | ||||||
7 | concealed and unknown, they may be named
and joined as | ||||||
8 | defendant "Unknown Occupants". Summons may be served on the
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9 | defendant "Unknown Occupants" by the sheriff or court appointed | ||||||
10 | process server
by leaving a copy at the unit with any person | ||||||
11 | residing at the unit of the age
of
13 years or greater, and if | ||||||
12 | the summons is returned without service stating
that service | ||||||
13 | cannot be obtained, constructive service may be obtained | ||||||
14 | pursuant
to Section 9-107 of this Code with notice mailed to | ||||||
15 | "Unknown Occupants" at the
address of the unit. If prior to | ||||||
16 | execution of the eviction order the
identity of a defendant or | ||||||
17 | defendants served in this manner is discovered, his
or her name | ||||||
18 | or names
and the record may be corrected upon hearing pursuant | ||||||
19 | to notice of motion
served upon the identified defendant or | ||||||
20 | defendants at the unit in the manner
provided by
court rule for | ||||||
21 | service of notice of motion.
If, however, an action under | ||||||
22 | paragraph (7) was brought
against the defaulting unit owner | ||||||
23 | only, and after obtaining an eviction order and expiration of | ||||||
24 | the stay on enforcement the Board of Managers
elects not to | ||||||
25 | accept a tenant or occupant in possession as its own and to
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26 | commence a separate action, written
notice of the eviction |
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1 | order against the unit owner and demand to quit the premises
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2 | shall be served on the tenant or other occupant in the manner | ||||||
3 | provided under
Section 9-211 at
least 10 days prior to bringing | ||||||
4 | suit to evict the tenant or
other occupant.
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5 | (b) If an eviction order is granted to the Board of | ||||||
6 | Managers under
Section 9-111, any interest of the unit owner to | ||||||
7 | receive rents under any
lease arrangement shall
be deemed | ||||||
8 | assigned to the Board of Managers until such time as the | ||||||
9 | judgment is
vacated.
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10 | (b-1) If a case filed under this Section names a tenant or | ||||||
11 | joins a tenant of the condominium unit, that tenant's name | ||||||
12 | shall be permanently suppressed by order of the court. | ||||||
13 | (c) If an eviction order is entered, the Board of Managers | ||||||
14 | may
obtain from the clerk of the court an informational | ||||||
15 | certificate notifying any
tenants
not parties to the proceeding | ||||||
16 | of the assignment of the unit owner's interest
in the lease | ||||||
17 | arrangement to the Board of Managers
as a result of the entry | ||||||
18 | of the eviction order and stating that
any rent hereinafter due | ||||||
19 | the unit owner or his agent under the lease
arrangement should | ||||||
20 | be paid to the Board of Managers until further order of
court. | ||||||
21 | If the tenant pays his rent to the association pursuant to the
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22 | entry of such an eviction order, the unit owner may not sue | ||||||
23 | said
tenant for any such amounts the tenant pays the | ||||||
24 | association.
Upon service of the certificate on the tenant in | ||||||
25 | the manner provided by
Section 9-211 of this Code, the tenant | ||||||
26 | shall be obligated to pay the rent under
the lease arrangement |
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1 | to the Board of Managers as it becomes due. If the
tenant | ||||||
2 | thereafter fails and refuses to pay the rent, the Board of | ||||||
3 | Managers may
bring an eviction action after making a demand for | ||||||
4 | rent in accordance
with Section 9-209 of this Code.
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5 | (c-5) In an action against the unit owner and lessee to | ||||||
6 | evict a lessee for
failure of the lessor/owner of the | ||||||
7 | condominium unit to comply with the leasing
requirements | ||||||
8 | prescribed by subsection (n) of Section 18 of the Condominium
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9 | Property Act or by
the declaration, bylaws, and rules and | ||||||
10 | regulations of the condominium, or
against a lessee for any | ||||||
11 | other breach by the lessee of any covenants, rules,
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12 | regulations, or bylaws of the condominium, the demand shall | ||||||
13 | give the lessee at
least 10 days to quit and vacate the unit. | ||||||
14 | The notice shall be substantially
in the following form:
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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.".
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1 | The demand shall be signed by the Board of Managers, its | ||||||
2 | agent, or attorney
and shall be served either personally upon | ||||||
3 | the lessee with a copy to the unit
owner or by sending the | ||||||
4 | demand thereof by registered or certified mail with
return | ||||||
5 | receipt requested to the unit occupied by the lessee and to the | ||||||
6 | last
known address of the unit owner, and no other demand of | ||||||
7 | termination of such
tenancy shall be required. To be effective | ||||||
8 | service under this Section, a
demand sent by certified mail, | ||||||
9 | return receipt requested, to the unit occupied
by the lessee | ||||||
10 | and to the last known address of the unit owner need not be
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11 | received by the lessee or condominium unit owner.
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12 | (d) Nothing in this Section 9-104.2 is intended to confer | ||||||
13 | upon a Board of
Managers any greater authority with respect to | ||||||
14 | possession of a unit after a
judgment than was previously | ||||||
15 | established by this Act.
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16 | (Source: P.A. 100-173, eff. 1-1-18 .)
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17 | Section 99. Effective date. This Act takes effect 90 days | ||||||
18 | after becoming law.
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