Real Estate Law

(Althoff, R-Crystal Lake; Mautino, D-Spring Valley) prohibits a deed restriction, restrictive covenant, or similar provision from waiving or restricting the statutory rights to notice of a public hearing or the right to object, oppose, or challenge (1) the creation of a special-service area; (2) the levy of any tax of a special-service area; or (3) the issuance of bonds of a special service area. Passed both chambers.

(Tryon, R-Crystal Lake; Althoff, R-Crystal Lake) removes the Municipal Code requirement for a metes and bounds legal description in a notice concerning annexation, special uses, variations, or specified zoning hearings if the notice includes: (1) the common street address or addresses; and (2) the PIN number or numbers of all the parcels of real property contained in the affected area. Passed both chambers.

(Hernandez, D-Cicero; Collins, D-Chicago) requires the mortgagor must transfer to the purchaser any security deposit and accrued interest paid by a current occupant if the mortgaged real estate contains five or more dwelling units. Requires that the purchaser must post a notice that informs the occupant of the security deposit at each dwelling unit for which the purchaser has a security deposit within 21 days after the purchaser’s receipt of the security deposits. Passed both chambers.

(Mayfield, D-Chicago; Jones, D-Chicago) requires landlords to “change or rekey” locks of rental property after a renter moves out if the new renter has a written lease agreement. If the landlord doesn’t do this, the landlord is liable for any damages for theft that occur. It exempts (1) apartment buildings with four units or less if the owner occupies one of the units or (2) the rented room is in a private home also occupied by the owner. Passed both chambers.

(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. Passed both chambers.

(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. But 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. Passed both chambers.

(Coladipietro, R-Bloomingdale; Dillard, R-Westmont) makes a deadline for filing a motion to dismiss or to quash service that objects to the court's jurisdiction over the person, unless extended by the court for good cause shown, is 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.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.Passed both chambers.