Public Act 100-1048
Wetzel v. Glen St. Andrew Living Community, LLC
Federal 7th Circuit Court
Civil Court
Fair Housing Act
Dist. Ct. erred in granting defendant-landlord’s motion to dismiss plaintiff-tenant’s action under Fair Housing Act (FHA) action, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for making complaints of discrimination, where plaintiff asserted that other tenants in instant senior living community subjected her to series of verbal and physical abuse based on her lesbian sexual orientation, and that defendant failed to take appropriate action to stop said harassment. FHA extends liability for landlords who have actual notice of tenant-on-tenant harassment based on protected status, and yet chooses not to take any reasonable steps within its control (such as disciplining harassing tenants) to stop said harassment. Moreover, plaintiff alleged viable harassment claim, where plaintiff asserted that: (1) certain residents called her “fucking dyke,” “fucking faggot,” and “homosexual bitch,” while others either knocked plaintiff off her scooter with their walker, bashed their wheelchairs into plaintiff’s dining table, and uttered slurs on elevator. Plaintiff also alleged that: (1) she routinely reported said verbal and physical harassment to defendant’s staff, who either dismissed said complaints, attributed said incidents as accidents or told plaintiff that she was liar; and (2) defendant took steps in retaliation by barring her from various common areas of housing complex. Ct. also found that plaintiff had viable post-acquisition discrimination claim because alleged discrimination affected provision of services and facilities connected to her rental.
MidFirst Bank v. Riley
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Bank initiated foreclosure action. Plaintiff's complaint establishes prima facie case that Plaintiff has standing, as Plaintiff produced original note, and document of assignment of mortgage and note. No genuine issue of material fact as to Defendant's consumer fraud claim Defendant did not attach any documentation showing what she submitted to Plaintiff, and failed to cite to anything to substantiate her claim. (PIERCE and MIKVA, concurring.)
Public Act 100-1044
1002 E. 87th Street, LLC v. Midway Broadcasting Corp.
Illinois Appellate Court
Civil Court
Leases
(Court opinion corrected 8/21/18.) A new landlord does not have a right to recover rent due from before it owned the property. A nonwaiver clause in lease does not allow new landlord to demand compliance with obligations that were owed to original landlord. New landlord cannot file suit for breach of guaranty or collect under guaranty for failure to pay past due rent because it does not have standing to sue.(MASON and PUCINSKI, concurring.)
Public Act 100-920
Public Act 100-880
Topic:
Administrative Procedure Act
(Tracy, R-Quincy; Wheeler, R-North Aurora) creates authorization and requirements for using email as a method of service under this Act. Effective Jan. 1, 2019.
Public Act 100-786
Topic:
Trust and Trustees Act
(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Effective January 1, 2019.
Public Act 100-722
(Althoff, R-McHenry; Martwick, D-Chicago) amends the State Tax Lien Registration Act to provide that the notice of tax lien must also include the county or counties where the real property of the debtor to which the lien will attach is located. Provides that a tax lien that is filed in the registry must be attached to all of the existing and after-acquired real and personal property of the debtor. Effective August 3, 2018.