Real Estate Law

(Coladipietro, R-Bloomingdale; Dillard, R-Hinsdale) makes a deadline for filing a motion to dismiss or to quash service that objects to the court's jurisdiction over the person within 60 days after the earlier of the following: (1) the date that the moving party filed an appearance or (2) the date that the moving party participated in a hearing without filing an appearance. The court may extend this for good cause shown. If the objecting party files a responsive pleading or a motion before filing a motion objecting to personal jurisdiction, that party waives all objections to the court's jurisdiction over the party's person. Effective August 12, 2011.

(Mathias, R-Buffalo Grove; Silverstein, D-Chicago) does three things. (1) Allows a continuing lien on personal property, including beneficial interests in a land trust. (2) Allows service of a citation or nonwage garnishment against an LLC so that the court may enter a charging order. (3) Construes a foreign judgment to be an original Illinois judgment for enforcement or revival from the date it is filed with the clerk. Effective January 1, 2012.

(Ford, D-Chicago; Martinez, D-Chicago) allows the plaintiff to include in a forcible entry and detainer complaint a request for the pro rata amount of rent due for any period that a judgment is stayed. Effective January 1, 2012.

(Williams, D-Chicago; Wilhelmi, D-Joliet) makes a number of changes to the Home Repair and Remodeling Act some of which are as follows. (1) Prohibits a contractor from advertising or promising to pay or rebate all or any portion of any insurance deductible. (2) Prohibits a contractor from accepting money or any form of compensation in exchange for allowing an out-of-area contractor to use its business name or license. (3) Allows a person to cancel a written contract with a contractor to be paid from the proceeds of a property and casualty insurance policy. Cancellation is allowed before midnight on the earlier of the fifth business day after the insured has received written notice from the insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or the 30th business day after receipt of a properly executed proof of loss by the insurer from the insured. (4) Imposes a $250 civil penalty for a roofing contractor for failing to put the licensing number and licensee’s name on its commercial vehicles. No penalty is imposed if this is corrected before the hearing on the civil penalty. Effective January 1, 2012.

(Wilhelmi, D-Joliet; DeLuca, D-Crete) makes two changes to leases and evictions. (1) Requires written leases to notify lessees that if the they use or permit activity that is a felony or Class A misdemeanor, they can be evicted. (Failure to do so doesn’t impair the lessor’s right to evict because of criminal activity.) (2) Allows a municipality’s corporation counsel to evict under this statute as well. Effective August 2, 2011.

(Frerichs, D-Gifford; Holbrooke, D-Belleville) exempts from the Residential Mortgage License Act of 1987 any person or entity who originates with private funds less than three residential mortgage loans in a calendar year that are not in the ordinary course of business. Effective July 14, 2011.

(Sente, D-Lincolnshire; Althoff, R-Crystal Lake) renames the “Homeowners' Solar Rights Act” to now be the “Homeowners' Energy Policy Statement Act.” Requires that any “energy policy statement” that an association of homeowners or condominium-unit owners adopts must also address whether there is any requirements for composting, rainwater collection, or wind-energy collection, and if so, what are those requirements. Effective January 1, 2012.

(Reitz, D-Sparta; Haine, D-Alton) changes the disclosure requirements under this Act and also expands it to leased property. If a lessee notifies a lessor that a radon test indicates a radon hazard in the dwelling unit, then the lessor must disclose that risk to any prospective lessee of that unit unless a later test indicates that it no longer exists. If a lessor’s test indicates a radon hazard, then the lessor must notify current and prospective tenants of that unit. This Act does not apply to dwelling units located on the third floor or higher story or if the lessor has undertaken mitigation activities and a later test indicates that a radon hazard no longer exists. Effective January 1, 2012.