2023 Illinois Compiled Statutes › Chapter 310 - HOUSING › 310 ILCS 50/ - Abandoned Housing Rehabilitation Act.

(310 ILCS 50/1) (from Ch. 67 1/2, par. 851)
Sec. 1. 
		
		This Act shall be known and may be cited as the Abandoned Housing Rehabilitation Act.
(Source: P.A. 85-862.)
(310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
Sec. 2. Definitions. As used in this Act:
(a) "Property" means any residential real estate which has been continuously unoccupied by
persons legally in possession for the preceding 1 year.
(b) "Nuisance" means any property which because of its physical
condition or use is a public nuisance, or any property
which constitutes a blight on the surrounding area, or any property which
is not fit for human habitation under the applicable fire, building and
housing codes.
"Nuisance" also means any property on which any illegal activity involving
controlled substances (as defined in the Illinois Controlled Substances Act), methamphetamine (as defined in the Methamphetamine Control and Community Protection Act), or
cannabis (as defined in the Cannabis Control Act) takes place or any property
on which any streetgang-related activity (as defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act) takes place.
(c) "Organization" means any Illinois corporation, agency, partnership,
association, firm or other entity consisting of 2 or more persons organized
and conducted on a not-for-profit basis with no personal profit inuring to
anyone as a result of its operation which
has among its purposes the improvement of housing.
(d) "Parties in interest" means any owner or owners of record, judgment
creditor,
tax purchaser, the applicable unit of local government where the property is located, or other party having any legal or equitable title or
interest in the property.
(e) "Last known address" includes
the address where the property
is located, or the address as listed in the tax records or as listed
pursuant to any owner's registration
ordinance duly adopted by a home rule unit of government.
(f) "Low or moderate income housing" means housing for persons and families
with low or moderate incomes, provided that the income limits for such
persons and families shall be the same as those established by rule by the
Illinois Housing Development Authority in accordance with
subsection (g) of Section 2 of the Illinois Housing Development Act, as
amended.
(g) "Rehabilitation" means the process of improving the property,
including, but not limited to, ensuring that the proposed improvements conform with a local government's comprehensive plan or other planning policies and bringing property into compliance with
the applicable unit of local government's fire, housing, licensing, zoning, and building codes.
(Source: P.A. 100-233, eff. 1-1-18.)
(310 ILCS 50/3) (from Ch. 67 1/2, par. 853)
Sec. 3. 
		Petition for temporary possession. 
		An organization may petition
for temporary possession of property if:
(a) the property has been continuously unoccupied by     persons legally in possession for the preceding year;
(b) the property is a nuisance;
(c) the organization intends to rehabilitate the     property and use the property as housing for low and moderate income persons and families; and
(d) the organization has sent notice to the parties     in interest of the property, by certified or registered mail, mailed to their last known address and posted on the property at least 30 days but not more than 60 days before the date the petition is filed, of the organization's intent to file a petition for possession under this Act.
(Source: P.A. 91-357, eff. 7-29-99; 91-807, eff. 1-1-01.)
(310 ILCS 50/4) (from Ch. 67 1/2, par. 854)
Sec. 4. 
		
		The proceeding shall be commenced by filing a verified petition
in the circuit court in
the county in which the property is located.  The petition shall
allege the conditions specified in Section 3.
All parties in interest
of the property shall be named as defendants in the petition and summons
shall be issued and service had as in other civil cases pursuant to Section
2-206 of the Code of Civil Procedure.
Any defendant may file as part of his answer, as an affirmative defense,
a plan for the rehabilitation of the property.
The court shall grant that defendant 90
days to bring the property into compliance with applicable fire, housing
and building codes.
The court may, for good cause shown, extend
the 90-day compliance period.  If the property is brought into such compliance
within the 90-day period or extension of time thereof, the petition shall
be dismissed.  If the defendant fails to bring the property into such compliance
within the 90-day period or extension of time thereof, or if the defendant's
plan is otherwise insufficient, the defendant's affirmative defense shall
be stricken.
At the hearing on the organization's petition, the organization shall submit
to the court a plan for the rehabilitation of the property and present evidence
that the organization has adequate resources to rehabilitate and thereafter
manage the property.  For the purpose of developing such a plan, representatives
of the organization may be permitted entry onto the property by the court
at such times and on such terms as the court may deem appropriate.
(Source: P.A. 85-862.)
(310 ILCS 50/5) (from Ch. 67 1/2, par. 855)
Sec. 5. 
		
		If the court approves the petition, the court shall enter an
order approving the rehabilitation plan and granting temporary possession
of the property to the organization.  The organization may, subject to
court approval, enter into leases or other agreements in relation to the property.
(Source: P.A. 85-862.)
(310 ILCS 50/6) (from Ch. 67 1/2, par. 856)
Sec. 6. 
		
		The organization shall file an annual report in relation to
the rehabilitation
and use of the property.  The court shall require
reports and status dates to be filed as it may deem appropriate
under the circumstances but no less frequently than one a year.  The report
shall include statements of all
expenditures made by the organization including but not limited to payments for
the rehabilitation, operation and maintenance of and repairs to the
property, and for real estate taxes, and payments to mortgagees and
lienholders during the preceding year, and shall include statements of all
income and receipts from the property for the preceding year.
(Source: P.A. 85-862.)
(310 ILCS 50/7) (from Ch. 67 1/2, par. 857)
Sec. 7. 
		
		The owner shall be entitled to regain possession of the
property by petitioning to the circuit court for restoration of possession
and, upon due notice to the plaintiff organization, for a hearing on such
petition.  At the hearing, the court shall determine proper compensation to
the organization for its expenditures, including management fees, based on
the organization's reports to the court.  The court, in determining the
proper compensation to the organization, may consider income or receipts
received from the property, and the increase in the market value of the
property resulting from the rehabilitation by the organization.  In no event
shall the amount paid be less than the amount spent by the organization plus
management fees plus interest.  After
the owner pays the compensation to the organization as determined by court,
the owner shall resume possession of the property, subject to all existing
rental agreements whether written or verbal, entered into by the organization.
(Source: P.A. 89-686, eff. 6-1-97.)
(310 ILCS 50/8) (from Ch. 67 1/2, par. 858)
Sec. 8. 
		
		If the property under this Act is sold for unpaid taxes, an
organization with temporary possession may redeem the property in the same
manner as the owner as permitted by the Property Tax Code, and amounts paid to
redeem the property shall be included as
expenditures in the organization's report to the court.
(Source: P.A. 88-670, eff. 12-2-94.)
(310 ILCS 50/9) (from Ch. 67 1/2, par. 859)
Sec. 9. 
		
		If an owner takes no action to regain possession of the
property in the 2-year period following entry of an order
granting
temporary possession of the property to the organization, the organization
may file a petition for judicial deed and upon due notice to the named
defendants, an order may be entered granting a quitclaim judicial deed to
the organization providing that the property shall be used for low and
moderate income housing for at least a 10-year period after the deed is
granted.
(Source: P.A. 89-686, eff. 6-1-97.)