104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0065

 

Introduced 1/9/2025, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/17-5.8 new
720 ILCS 5/21-3.1 new

    Creates the Remedy to Remove Unauthorized Persons from Residential Real Property Act. Allows a property owner or authorized agent to request a law enforcement officer to remove an unlawful occupant of a residential dwelling if certain conditions are met. Creates a complaint form for the property owner to complete and give to a law enforcement officer to use when requesting the removal of an unlawful occupant. Provides that if the law enforcement officer verifies the information in the form, the law enforcement officer must serve a notice on the unlawful occupant to vacate the dwelling. Requires the unlawful occupant to vacate the dwelling within 3 business days of receiving the notice. Authorizes the law enforcement officer, if appropriate, to arrest any person for trespass, outstanding warrants, or any other legal cause. Authorizes the property owner to request the law enforcement officer to remain on the premises to keep the peace while the locks are changed or the personal property of the unlawful occupant is removed. Authorizes the law enforcement officer to charge reasonable fees to provide notice and remain on the premises. Allows a person to bring an action for wrongful removal, and allows the property owner to file an answer contesting the claims of the person bringing the action. Amends the Criminal Code of 2012. Provides that a person commits a Class 4 felony if he or she lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property. Provides that a person commits a Class A misdemeanor when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.


LRB104 02915 LNS 12931 b

 

 

A BILL FOR

 

HB0065LRB104 02915 LNS 12931 b

1    AN ACT concerning real property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Remedy
5to Remove Unauthorized Persons from Residential Real Estate
6Act.
 
7    Section 5. Findings. The General Assembly finds that the
8right to exclude others from entering and the right to direct
9others to immediately vacate residential real property are the
10most important real property rights. The General Assembly
11further finds that existing remedies regarding unauthorized
12persons who unlawfully remain on residential real property
13fail to adequately protect the rights of the property owner
14and fail to adequately discourage theft and vandalism. The
15intent of this Act is to quickly restore possession of
16residential real property to the lawful owner of the property
17when the property is being unlawfully occupied and to preserve
18property rights while limiting the opportunity for criminal
19activity.
 
20    Section 10. Conditions of removal and statutory form.
21    (a) A property owner or authorized agent may request a law
22enforcement officer to remove a person or persons unlawfully

 

 

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1occupying a residential dwelling under this Act if all of the
2following conditions are met:
3        (1) The requesting person is the property owner or
4    authorized agent of the property owner.
5        (2) The real property that is being occupied includes
6    a residential dwelling.
7        (3) An unauthorized person or persons have unlawfully
8    entered and remain or continue to reside on the property
9    owner's property.
10        (4) The real property was not open to members of the
11    public at the time the unauthorized person or persons
12    entered.
13        (5) The property owner has directed the unauthorized
14    person to leave the property.
15        (6) The unauthorized person or persons are not current
16    or former tenants under a written or oral rental agreement
17    authorized by the property owner.
18        (7) The unauthorized person or persons are not
19    immediate family members of the property owner.
20        (8) There is no pending litigation related to the real
21    property between the property owner and any known
22    unauthorized person.
23    (b) To request the removal of an unlawful occupant of a
24residential dwelling, the property owner or authorized agent
25must submit a complaint by presenting a completed and verified
26Complaint to Remove Persons Unlawfully Occupying Residential

 

 

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1Real Property to a law enforcement officer. The submitted
2complaint must be in substantially the following form:
 
3
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
4
RESIDENTIAL REAL PROPERTY
5    I, the owner or authorized agent of the owner of the real
6property located at ... ..., declare under the penalty of
7perjury that (initial each box):
8        1. .... I am the owner of the real property or the
9    authorized agent of the owner of the real property.
10        2. .... I purchased the property on .....
11        3. .... The real property is a residential dwelling.
12        4. .... An unauthorized person or persons have
13    unlawfully entered and are remaining or residing
14    unlawfully on the real property.
15        5. .... The real property was not open to members of
16    the public at the time the unauthorized person or persons
17    entered.
18        6. .... I have directed the unauthorized person or
19    persons to leave the real property, but they have not done
20    so.
21        7. .... The person or persons are not current or
22    former tenants under any valid lease authorized by the
23    property owner, and any lease that may be produced by an
24    occupant is fraudulent.
25        8. .... The unauthorized person or persons sought to

 

 

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1    be removed are not an owner or a co-owner of the property
2    and have not been listed on the title to the property
3    unless the person or persons have engaged in title fraud.
4        9. .... The unauthorized person or persons are not
5    immediate family members of the property owner.
6        10. .... There is no litigation related to the real
7    property pending between the property owner and any person
8    sought to be removed.
9        11. .... I understand that a person or persons removed
10    from the property under this procedure may bring an action
11    against me for any false statements made in this complaint
12    or for wrongfully using this procedure, and that as a
13    result of such action I may be held liable for actual
14    damages, penalties, costs, and reasonable attorney's fees.
15        12. .... I am requesting the law enforcement officer
16    to remove the unauthorized person or persons from the
17    residential property.
18        13. .... A copy of my valid government-issued
19    identification is attached, or I am an agent of the
20    property owner, and documents evidencing my authority to
21    act on the property owner's behalf are attached.
22    I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND
23EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
24STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY
25OF PERJURY.
26     ...(Signature of Property Owner or Agent of Owner)
 

 

 

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1    Section 15. Law enforcement officer's duties and fees.
2    (a) Upon receipt of the complaint, the law enforcement
3officer shall verify that the person submitting the complaint
4is the record owner of the real property or the authorized
5agent of the owner and appears otherwise entitled to relief
6under this Act. If verified, the law enforcement officer
7shall, without delay, serve a notice to vacate on all the
8unlawful occupants and shall put the owner in possession of
9the real property. Service may be accomplished by hand
10delivery of the notice to an occupant or by posting the notice
11on the front door or entrance of the dwelling. The law
12enforcement officer shall also attempt to verify the
13identities of all persons occupying the dwelling and note the
14identities on the return of service.
15    (b) The law enforcement officer is entitled to the same
16fee for service of the notice to vacate as if the law
17enforcement officer were serving an eviction order under
18Article IX of the Code of Civil Procedure. After the law
19enforcement officer serves the notice to vacate and after the
203-day waiting period described in Section 20, the property
21owner or authorized agent may request that the law enforcement
22officer stand by to keep the peace while the property owner or
23agent of the owner changes the locks and removes the personal
24property of the unlawful occupants from the premises to or
25near the property line. When such a request is made, the law

 

 

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1enforcement officer may charge a reasonable hourly rate to the
2person requesting the law enforcement officer's services. The
3law enforcement officer is not liable to the unlawful occupant
4or any other party for loss, destruction, or damage of
5property. The property owner or his or her authorized agent is
6not liable to an unlawful occupant or any other party for the
7loss, destruction, or damage to the personal property unless
8the removal was wrongful.
 
9    Section 20. Time limit to vacate after notice. Any person
10who receives a notice to vacate from a law enforcement officer
11under Section 15 shall vacate the real property within 3
12business days of receiving the notice. If any person fails to
13vacate the real property within 3 business days of receiving
14such notice, the law enforcement officer shall remove such
15person. If appropriate, the law enforcement officer may arrest
16any person found in the dwelling for trespass, outstanding
17warrants, or any other legal cause.
 
18    Section 25. Action for wrongful removal; counter
19affidavit.
20    (a) A person may bring a civil action for wrongful removal
21under this Act by filing a complaint that is accompanied by an
22affidavit which establishes that the person was wrongfully
23removed. A person harmed by a wrongful removal under this Act
24may be restored to possession of the real property and may

 

 

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1recover actual costs and damages incurred, statutory damages
2equal to triple the fair market rent of the dwelling, court
3costs, and reasonable attorney's fees. The court is requested
4to give such an action priority on its calendar. This Act does
5not limit the rights of a property owner or limit the authority
6of a law enforcement officer to arrest an unlawful occupant
7for trespassing, vandalism, theft, or other crimes.
8    (b) The property owner who submitted the complaint to have
9the person removed may file an answer contesting the claims of
10the person bringing an action under subsection (a). The court,
11upon review of both affidavits, shall make a finding of who is
12the most likely and true lawful possessor of the real
13property.
 
14    Section 90. The Criminal Code of 2012 is amended by adding
15Sections 17-5.8 and 21-3.1 as follows:
 
16    (720 ILCS 5/17-5.8 new)
17    Sec. 17-5.8. Unlawful listing or advertising of
18residential real property. A person who lists or advertises
19residential real property for sale knowing that the purported
20seller has no legal title or authority to sell the property, or
21rents or leases the property to another person knowing that he
22or she has no lawful ownership in the property or leasehold
23interest in the property, commits a Class 4 felony.
 

 

 

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1    (720 ILCS 5/21-3.1 new)
2    Sec. 21-3.1. Unlawful squatting.
3    (a) A person commits unlawful squatting when he or she
4enters upon the land or premises of another and resides on such
5land or premises for any period of time knowingly acting
6without the knowledge or consent of the owner, rightful
7occupant, or an authorized representative of the owner. For
8the purposes of this Section, "resides" means to inhabit or
9live on or within any land or premises.
10    (b) Any person who commits or is accused of committing
11unlawful squatting shall receive a citation advising him or
12her that he or she must present to the issuing law enforcement
13agency, within 3 business days of receipt of the citation,
14properly executed documentation, including a properly executed
15lease or rental agreement or proof of rental payments, that
16authorizes the person's entry on such land or premises or
17submit proof that the person has obtained adverse possession
18of the land or premises under Section 13-101, 13-107,
1913-107.1, 13-109, or 13-109.1 of the Code of Civil Procedure.
20If the person is unable to provide the documentation or proof
21required under this subsection, he or she shall be subject to
22arrest for unlawful squatting. If the person is able to
23provide the documentation or proof required under this
24subsection, a hearing shall be set within 7 days of submission
25of such documentation and if the court finds that the
26submitted documentation was not properly executed or is not

 

 

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1meritorious, he or she shall be subject to demand for
2possession, removal, and arrest, and, upon conviction, shall
3be assessed an additional fine based on the fair market
4monthly rental rate of the land or premises.
5    (c) Sentence. A violation of this Section is a Class A
6misdemeanor.