Illinois 95th Regular Session Status: In Committee 1 R cosponsors

SB 2139 — RESID LANDLORD TENANT COURT

Last action — Session Sine Die

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Counties Code. Provides that a county board may establish a residential landlord-tenant court and make appropriations to operate it. Provides that this authorization is not a limitation on or a prohibition of the exercise of a home rule county's powers. Amends the Circuit Courts Act. Provides that the chief judge of a judicial circuit may establish a residential landlord-tenant court in a county if the county board has approved the establishment of such a court. Provides that the chief judge may appoint to this court licensed attorneys as hearing officers to preside over cases, take evidence, and report findings of fact and legal conclusions to a judge and these shall constitute a part of the proceedings upon which a judge makes rulings. Amends the Code of Civil Procedure. Provides that in actions filed for repossession due to illegal drug use on the premises, an emergency housing eviction, or voiding a lease for use of the premises in furtherance of a crime, the court shall schedule a hearing on the complaint on any day before the expiration of 7 days after the complaint is filed and the court may waive the filing fee if the plaintiff shows that in advance of the lease a good faith effort was made, by properly accessing public and credit records, to determine whether the defendant had a criminal conviction or eviction record or an adverse credit history. Provides that a credit worthiness inquiry may only access income level, credit history, or another pertinent element of credit worthiness. Reduces time limits to 5 days (instead of 7 days) for stays of judgment for possession and for the sheriff to execute an order for possession. Reduces other time limits for continuances and other matters. Makes other changes.

Bill Text

How this bill changes current law

5 changes Share ↗

Compared against the Illinois Compiled Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes a process for counties to create residential landlord-tenant courts and defines associated powers for county boards and circuit judges.

  • 55 ILCS 5/5-1130

    Sec. 5-1130. Residential landlord-tenant court. A county board may approve the establishment of a residential landlord-tenant court and if that type of court is established under Section 29 of the Circuit Courts Act, the county board shall appropriate from the county treasury, from year to year, the sums it may deem necessary and reasonable to defray the expenses of the residential landlord-tenant court in the performance of its duties. For the purposes of this Section, the county board is authorized to expend moneys not appropriated for other purposes. This Section shall not constitute a limitation on or a prohibition of the exercise of powers of a home rule county.

    This adds a new section allowing county boards to establish landlord-tenant courts.

  • 705 ILCS 35/29

    Sec. 29. Residential landlord-tenant court. The chief judge of each judicial circuit may establish a residential landlord-tenant court as provided by this Section in any county in the circuit if the county board has approved, as provided in Section 5-1129 of the Counties Code, the establishment of a residential landlord-tenant court. The chief judge shall establish the format under which the residential landlord-tenant court operates under the Code of Civil Procedure. The chief judge may appoint to the residential landlord-tenant court one or more licensed attorneys to act as hearing officers to preside over the initial case proceedings and trials in that court. A residential landlord-tenant court hearing officer may also take evidence and report the same to a judge with the hearing officer’s findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the judge’s determination and order shall be made.

    This adds provisions for the establishment and operation of residential landlord-tenant courts by the chief judge.

  • 735 ILCS 5/5-104.5

    Sec. 5-104.5. Credit worthiness inquiry. In an action filed under Section 9-109.7, 9-118, or 9-120 of this Code, the court may order that the filing fee paid by the plaintiff be waived and refunded by the circuit clerk if the plaintiff shows that in advance of leasing the residential premises to the defendant a good faith effort was made by properly accessing public records and credit reporting agency records to determine whether the defendant was ever convicted of a crime or evicted from residential premises and whether the defendant is credit worthy. For purposes of this Section, a credit worthiness inquiry shall be limited to determining the amount and probable continuance of income levels, credit history, or another pertinent element of credit worthiness.

    This establishes a new rule for waiving filing fees based on a credit worthiness inquiry.

  • 735 ILCS 5/9-109.7

    may not be stayed for any period in excess of 5 7 days → may not be stayed for any period in excess of 5 days

    This reduces the time limit for stays of judgment in drug-related eviction actions from 7 days to 5 days.

  • 735 ILCS 5/9-118

    on any day before after the expiration of 7 14 days following the filing of the complaint → on any day before the expiration of 7 days following the filing of the complaint

    This shortens the time frame for scheduling a hearing in emergency housing eviction cases from 14 days to 7 days.

Action History

  1. Session Sine Die

  2. Senate Floor Amendment No. 2 Re-referred to Rules; Pursuant to Senate Rule 3-9(b)

  3. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  4. Senate Floor Amendment No. 2 Held in Judiciary Civil Law

  5. Senate Floor Amendment No. 2 Rules Refers to Judiciary Civil Law

  6. Senate Floor Amendment No. 2 Referred to Rules

  7. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Dave Syverson

  8. Placed on Calendar Order of 2nd Reading April 1, 2008

  9. Do Pass as Amended Judiciary Civil Law; 009-000-000

  10. Senate Committee Amendment No. 1 Adopted

  11. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  12. Senate Committee Amendment No. 1 Referred to Rules

  13. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Dave Syverson

  14. Assigned to Judiciary Civil Law

  15. Added as Chief Co-Sponsor Sen. Dale A. Righter

  16. Referred to Rules

  17. First Reading

  18. Filed with Secretary by Sen. Dave Syverson

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2139 do?
Amends the Counties Code. Provides that a county board may establish a residential landlord-tenant court and make appropriations to operate it. Provides that this authorization is not a limitation on or a prohibition of the exercise of a home rule county's powers. Amends the Circuit Courts Act. Provides that the chief judge of a judicial circuit may establish a residential landlord-tenant court in a county if the county board has approved the establishment of such a court. Provides that the chief judge may appoint to this court licensed attorneys as hearing officers to preside over cases, take evidence, and report findings of fact and legal conclusions to a judge and these shall constitute a part of the proceedings upon which a judge makes rulings. Amends the Code of Civil Procedure. Provides that in actions filed for repossession due to illegal drug use on the premises, an emergency housing eviction, or voiding a lease for use of the premises in furtherance of a crime, the court shall schedule a hearing on the complaint on any day before the expiration of 7 days after the complaint is filed and the court may waive the filing fee if the plaintiff shows that in advance of the lease a good faith effort was made, by properly accessing public and credit records, to determine whether the defendant had a criminal conviction or eviction record or an adverse credit history. Provides that a credit worthiness inquiry may only access income level, credit history, or another pertinent element of credit worthiness. Reduces time limits to 5 days (instead of 7 days) for stays of judgment for possession and for the sheriff to execute an order for possession. Reduces other time limits for continuances and other matters. Makes other changes.
Who sponsors SB 2139?
SB 2139 is sponsored by Dave Syverson (Republican).
What is the current status of SB 2139?
This bill died with 95th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2139?
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