Help Stop Anti-Landlording Laws
With Voluntary Contribution to IRPOA-PAC (Political Action Committee)
Over the past years many
laws have been proposed in Springfield that would effect landlords negatively
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Make landlords responsible for
tenant's actions. |
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County Boards can regulate and
license landlords at their discretion |
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Municipality
may collect the reasonable cost of maintaining vacant and abandoned
properties |
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No
contractor shall perform electrical work unless
he or she is licensed |
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No judgment for possession obtained in a
forcible entry action
may be enforced more than 120 (instead of 90) days after judgment is
entered. |
How much
would it cost you to be a rental-housing provider if these become law?
Would your investments in rental housing change? You can help Stop bad laws!
Make a Contribution to IRPOA-PAC today!
LANDLORD TENANT ISSUES 96th GENERAL ASSEMBLY
The following are
Bills IRPOA has been keeping an eye on this year. See how your public
official voted on the following items. To find your state Senator &
Representative go to
http://www.elections.il.gov/DistrictLocator/SelectSearchType.aspx?NavLink=1
Glossary of Government Terms
Here are the latest bills we are watching closely:
Current bills
to watch: Click on bill to go to Illinois
General Assembly page for current bill information
Bills We
Are Fighting
HB 1195 -
Illinois Land Banking Act
Deletes everything after the enacting
clause. Amends the Illinois Municipal Code. In Sections
concerning the removal of nuisances by the corporate
authorities of a municipality, provides for a uniform method
of filing a lien to recover the costs of removing specified
nuisances. Includes the removal costs of (i) cutting and
removing neglected weeds, grass, trees, and bushes, (ii)
controlling pests, (iii) removing infected trees, and (iv)
removing garbage and debris. Sets forth a lien procedure for
the removal of specified nuisances from an abandoned
residential property. Provides that provisions concerning
specified liens are inoperative or repealed on the earlier
of December 31, 2013, or upon certification by the Secretary
of the Illinois Department of Financial and Professional
Regulation that the Mortgage Electronic Registration System
program is effectively registering mortgaged residential
properties located within the State, is available, without
charge, by municipalities in the State, and includes the
mortgage servicer's telephone number. Amends the Code of
Civil Procedure. Requires that notice of foreclosure be
provided to the municipality within the boundary of which
the property is located or to the county under specified
circumstances. Sets forth notice requirements. Contains
other provisions. Effective 60 days after becoming law.
Why IRPOA opposes this bill.
HB1195 will create problems because:
1) The bill does not define what is nuisance greenery.
2) The bill does define what is reasonable notice and
provides for no due
process. If the municipality decides it needs to be done
then you must
comply.
3) This bill covers pest control inside an occupied
property. It will
include all pests like spiders and centipedes.
4) Requires the removal of trees infected with disease.
There is no
requirement that government remove disease trees from
publicly owned land.
We should not be held to a more strict standard than the
state.
5) Allows for the removal of garbage. It does not specify
garbage on the
exterior. What the municipality considers garbage our
tenant may consider a
possession. This component of the law will create all types
of conflict.
6) Allows the government one year to file a lien to cover
costs and there
is no requirement to document what work was done and why it
was justified.
This will create problems for buyers of distressed property.
IRPOA informed the bill's proponent that legislation like
this should only
apply to abandoned property. It does not.
IRPOA
LEGISLATIVE BRIEFING
June 5, 2009
IRPOA End of Session Update
When the two Houses adjourned in the early hours of June
1, 2009, both chambers are to be available to reconvene
at the call of the chair. In addition there is no Veto
Session calendar, since the legislature is presumed to
return in the future to find solutions to the
budget shortfall.
When they do return any legislation that needs an
immediate effective date (like the budget) it will take
a super majority for passage.
In the House, this is 71 and in the Senate, it is
36. That means in both Democratic controlled chambers,
the Republicans now have more power, as some must
support any proposal in order to get the super majority
vote required.
To date the number of bills introduced is 7041, with 837
passing both chambers.
Bills of Interest Still in Limbo:
·
HB1195 Illinois Land Banking Act to amend the
Illinois Municipal Code; concerning the removal of
nuisances by the corporate authorities of a
municipality, provides for a uniform method of filing a
lien to recover the costs of removing specified
nuisances.
·
SB1783 Quad Cities Development Authority Expanded
amendment 3 amends the Illinois Municipal Code by allows
corporate authorities of any municipality to regulate
landlords, as defined by the corporate authorities of
the municipality.
Bills of Interest that Passed:
·
HB3934 Criminal Code Rent Theft - amends the
Criminal Code of 1961 to enhance penalties if one
posses as a landlord.
Bills of Interest that Did Not Pass:
·
HB2679 Utilities-Termination-Renters and
companion bill
SB1597 to amend the
public
utilities act to include that when establishing
service for a customer, the utility co. must ask for the
name and address, in addition to the service address, of
the owner of the property. (IRPOA Sponsored bill)
·
HB4086 Security Deposit Interest-Accrue
sponsored by Representative Dan Brady to amend the
Security
Deposit Interest Act.
·
HB593 County & Municipality Code-Regulate Landlord
allowed counties boards to license and regulate
landlords.
·
HB3690 Civil Procedure-Forcible Entry Enforcement
amends the
Code of Civil Procedure; no judgment for
possession obtained in a
forcible
entry action may be enforced more than 120
(instead of 90) days after judgment is entered.
·
HB936 Landlord Advance Entry Noticed introduced
by Representative Naomi Jakobsson to amend the
Landlord and Tenant Act.
·
HB3857 Rental Housing-Nuisance which would have
created the Rental Housing Nuisance Act.
·
HB3962 Criminal Code-Public Nuisance to amended
the Criminal Code and would have declared properties as
a nuisance based on the criminal behavior of the
occupants.
·
SB1352 County & Municipality Code Regulate Landlord
introduced by Senator Viverito to amend the Counties
Code and the
Illinois
Municipal Code in order to license and regulate
landlords.
·
SB2101 Illinois Land Banking Act created the
Land Banking Act.
More information on all of
these bills is available at
www.ilga.gov/legislation
Legislators information
available at www.ilga.gov look under “Legislator Lookup”
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