(765 ILCS 735/2) (from Ch. 80, par. 63)
Sec. 2.
Receivership; utility service termination.
(a) Tenants, upon receiving notice of utility service termination pursuant
to Section 1, and utility companies may petition the circuit court, or any
court having jurisdiction, for appointment of a receiver of rents due for
use and occupancy of the building. No one building may be the subject of
more than 2 such petitions in any consecutive 12 month period. The
petition shall be served upon the landlord at his or her last
known address and upon the utility company which has rendered notice of
termination of utility service, except when the utility company is the
petitioner. Upon a finding that the tenants' utility service is subject
to termination or has been terminated as a result of an amount due and
owing by the landlord to the utility company, the court shall appoint a
receiver who shall be authorized to collect rents due from the tenants for
use and occupancy of the building. The court shall also design
a payment plan through which the receiver shall be required to remit to
the utility company such portion of the funds as are necessary for payment
of current utility bills incurred during the term of the receivership,
including any security deposit requested by the utility in accordance with
the rules and regulations of the Illinois Commerce Commission. The
receiver shall remit the remainder of the collected rents as the court
shall direct, taking into consideration the ordinary and necessary expenses
of the property including, but not limited to, repair, maintenance, other
utility bills, property taxes, arrearages which were the subject of the
petition, and any capital expenditures deemed necessary by the court. The
landlord or his or her agent shall be liable for arrearages due to the
utility company which the court in its payment plan determines cannot
feasibly be remitted by the receiver from the collected rents within 12 months.
(b) Within 10 days of the appointment of the receiver,
during which time the utility company shall not discontinue service to
the building for reason of nonpayment, such receiver shall
make a determination as to whether or not the rents due for the use and
occupancy of the building can reasonably be expected to be sufficient to
pay current bills and to pay any security deposit which may be requested by
the utility. Upon a determination by the court that
the rents due for the use and occupancy of the building cannot reasonably
be expected to be sufficient to pay current bills and to pay any security
deposit which may be requested by the utility, such receivership shall be
terminated.
(c) In the event that a petition for receivership is filed after utility
service has been terminated, service shall be restored as soon as the
utility company receives notice that a receiver has been appointed. The
receiver shall make all reasonable efforts to provide to the utility access
to the building at all times.
(d) Any receivership established pursuant to this Section shall be terminated
by the court upon its finding that the arrearage which was the subject of the
petition has been satisfied or upon its finding that the income from the
building has become insufficient to pay current utility bills and retire
the arrearages as ordered by the court and shows no reasonable likelihood
of becoming sufficient.
(Source: P.A. 87-177.)
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