IL
Illinois House Bill HB0065

Illinois 2025-2026 Regular Session

Illinois House Bill HB0065 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0065 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/17-5.8 new720 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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0065 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/17-5.8 new720 ILCS 5/21-3.1 new 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 LRB104 02915 LNS 12931 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0065 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 New Act720 ILCS 5/17-5.8 new720 ILCS 5/21-3.1 new New Act 720 ILCS 5/17-5.8 new 720 ILCS 5/21-3.1 new
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77 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.
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1313 1 AN ACT concerning real property.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the Remedy
1717 5 to Remove Unauthorized Persons from Residential Real Estate
1818 6 Act.
1919 7 Section 5. Findings. The General Assembly finds that the
2020 8 right to exclude others from entering and the right to direct
2121 9 others to immediately vacate residential real property are the
2222 10 most important real property rights. The General Assembly
2323 11 further finds that existing remedies regarding unauthorized
2424 12 persons who unlawfully remain on residential real property
2525 13 fail to adequately protect the rights of the property owner
2626 14 and fail to adequately discourage theft and vandalism. The
2727 15 intent of this Act is to quickly restore possession of
2828 16 residential real property to the lawful owner of the property
2929 17 when the property is being unlawfully occupied and to preserve
3030 18 property rights while limiting the opportunity for criminal
3131 19 activity.
3232 20 Section 10. Conditions of removal and statutory form.
3333 21 (a) A property owner or authorized agent may request a law
3434 22 enforcement officer to remove a person or persons unlawfully
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0065 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3939 New Act720 ILCS 5/17-5.8 new720 ILCS 5/21-3.1 new New Act 720 ILCS 5/17-5.8 new 720 ILCS 5/21-3.1 new
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4141 720 ILCS 5/17-5.8 new
4242 720 ILCS 5/21-3.1 new
4343 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.
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7373 1 occupying a residential dwelling under this Act if all of the
7474 2 following conditions are met:
7575 3 (1) The requesting person is the property owner or
7676 4 authorized agent of the property owner.
7777 5 (2) The real property that is being occupied includes
7878 6 a residential dwelling.
7979 7 (3) An unauthorized person or persons have unlawfully
8080 8 entered and remain or continue to reside on the property
8181 9 owner's property.
8282 10 (4) The real property was not open to members of the
8383 11 public at the time the unauthorized person or persons
8484 12 entered.
8585 13 (5) The property owner has directed the unauthorized
8686 14 person to leave the property.
8787 15 (6) The unauthorized person or persons are not current
8888 16 or former tenants under a written or oral rental agreement
8989 17 authorized by the property owner.
9090 18 (7) The unauthorized person or persons are not
9191 19 immediate family members of the property owner.
9292 20 (8) There is no pending litigation related to the real
9393 21 property between the property owner and any known
9494 22 unauthorized person.
9595 23 (b) To request the removal of an unlawful occupant of a
9696 24 residential dwelling, the property owner or authorized agent
9797 25 must submit a complaint by presenting a completed and verified
9898 26 Complaint to Remove Persons Unlawfully Occupying Residential
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109109 1 Real Property to a law enforcement officer. The submitted
110110 2 complaint must be in substantially the following form:
111111 3 COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
112112 4 RESIDENTIAL REAL PROPERTY
113113 5 I, the owner or authorized agent of the owner of the real
114114 6 property located at ... ..., declare under the penalty of
115115 7 perjury that (initial each box):
116116 8 1. .... I am the owner of the real property or the
117117 9 authorized agent of the owner of the real property.
118118 10 2. .... I purchased the property on .....
119119 11 3. .... The real property is a residential dwelling.
120120 12 4. .... An unauthorized person or persons have
121121 13 unlawfully entered and are remaining or residing
122122 14 unlawfully on the real property.
123123 15 5. .... The real property was not open to members of
124124 16 the public at the time the unauthorized person or persons
125125 17 entered.
126126 18 6. .... I have directed the unauthorized person or
127127 19 persons to leave the real property, but they have not done
128128 20 so.
129129 21 7. .... The person or persons are not current or
130130 22 former tenants under any valid lease authorized by the
131131 23 property owner, and any lease that may be produced by an
132132 24 occupant is fraudulent.
133133 25 8. .... The unauthorized person or persons sought to
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144144 1 be removed are not an owner or a co-owner of the property
145145 2 and have not been listed on the title to the property
146146 3 unless the person or persons have engaged in title fraud.
147147 4 9. .... The unauthorized person or persons are not
148148 5 immediate family members of the property owner.
149149 6 10. .... There is no litigation related to the real
150150 7 property pending between the property owner and any person
151151 8 sought to be removed.
152152 9 11. .... I understand that a person or persons removed
153153 10 from the property under this procedure may bring an action
154154 11 against me for any false statements made in this complaint
155155 12 or for wrongfully using this procedure, and that as a
156156 13 result of such action I may be held liable for actual
157157 14 damages, penalties, costs, and reasonable attorney's fees.
158158 15 12. .... I am requesting the law enforcement officer
159159 16 to remove the unauthorized person or persons from the
160160 17 residential property.
161161 18 13. .... A copy of my valid government-issued
162162 19 identification is attached, or I am an agent of the
163163 20 property owner, and documents evidencing my authority to
164164 21 act on the property owner's behalf are attached.
165165 22 I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND
166166 23 EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
167167 24 STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY
168168 25 OF PERJURY.
169169 26 ...(Signature of Property Owner or Agent of Owner)
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180180 1 Section 15. Law enforcement officer's duties and fees.
181181 2 (a) Upon receipt of the complaint, the law enforcement
182182 3 officer shall verify that the person submitting the complaint
183183 4 is the record owner of the real property or the authorized
184184 5 agent of the owner and appears otherwise entitled to relief
185185 6 under this Act. If verified, the law enforcement officer
186186 7 shall, without delay, serve a notice to vacate on all the
187187 8 unlawful occupants and shall put the owner in possession of
188188 9 the real property. Service may be accomplished by hand
189189 10 delivery of the notice to an occupant or by posting the notice
190190 11 on the front door or entrance of the dwelling. The law
191191 12 enforcement officer shall also attempt to verify the
192192 13 identities of all persons occupying the dwelling and note the
193193 14 identities on the return of service.
194194 15 (b) The law enforcement officer is entitled to the same
195195 16 fee for service of the notice to vacate as if the law
196196 17 enforcement officer were serving an eviction order under
197197 18 Article IX of the Code of Civil Procedure. After the law
198198 19 enforcement officer serves the notice to vacate and after the
199199 20 3-day waiting period described in Section 20, the property
200200 21 owner or authorized agent may request that the law enforcement
201201 22 officer stand by to keep the peace while the property owner or
202202 23 agent of the owner changes the locks and removes the personal
203203 24 property of the unlawful occupants from the premises to or
204204 25 near the property line. When such a request is made, the law
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215215 1 enforcement officer may charge a reasonable hourly rate to the
216216 2 person requesting the law enforcement officer's services. The
217217 3 law enforcement officer is not liable to the unlawful occupant
218218 4 or any other party for loss, destruction, or damage of
219219 5 property. The property owner or his or her authorized agent is
220220 6 not liable to an unlawful occupant or any other party for the
221221 7 loss, destruction, or damage to the personal property unless
222222 8 the removal was wrongful.
223223 9 Section 20. Time limit to vacate after notice. Any person
224224 10 who receives a notice to vacate from a law enforcement officer
225225 11 under Section 15 shall vacate the real property within 3
226226 12 business days of receiving the notice. If any person fails to
227227 13 vacate the real property within 3 business days of receiving
228228 14 such notice, the law enforcement officer shall remove such
229229 15 person. If appropriate, the law enforcement officer may arrest
230230 16 any person found in the dwelling for trespass, outstanding
231231 17 warrants, or any other legal cause.
232232 18 Section 25. Action for wrongful removal; counter
233233 19 affidavit.
234234 20 (a) A person may bring a civil action for wrongful removal
235235 21 under this Act by filing a complaint that is accompanied by an
236236 22 affidavit which establishes that the person was wrongfully
237237 23 removed. A person harmed by a wrongful removal under this Act
238238 24 may be restored to possession of the real property and may
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249249 1 recover actual costs and damages incurred, statutory damages
250250 2 equal to triple the fair market rent of the dwelling, court
251251 3 costs, and reasonable attorney's fees. The court is requested
252252 4 to give such an action priority on its calendar. This Act does
253253 5 not limit the rights of a property owner or limit the authority
254254 6 of a law enforcement officer to arrest an unlawful occupant
255255 7 for trespassing, vandalism, theft, or other crimes.
256256 8 (b) The property owner who submitted the complaint to have
257257 9 the person removed may file an answer contesting the claims of
258258 10 the person bringing an action under subsection (a). The court,
259259 11 upon review of both affidavits, shall make a finding of who is
260260 12 the most likely and true lawful possessor of the real
261261 13 property.
262262 14 Section 90. The Criminal Code of 2012 is amended by adding
263263 15 Sections 17-5.8 and 21-3.1 as follows:
264264 16 (720 ILCS 5/17-5.8 new)
265265 17 Sec. 17-5.8. Unlawful listing or advertising of
266266 18 residential real property. A person who lists or advertises
267267 19 residential real property for sale knowing that the purported
268268 20 seller has no legal title or authority to sell the property, or
269269 21 rents or leases the property to another person knowing that he
270270 22 or she has no lawful ownership in the property or leasehold
271271 23 interest in the property, commits a Class 4 felony.
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282282 1 (720 ILCS 5/21-3.1 new)
283283 2 Sec. 21-3.1. Unlawful squatting.
284284 3 (a) A person commits unlawful squatting when he or she
285285 4 enters upon the land or premises of another and resides on such
286286 5 land or premises for any period of time knowingly acting
287287 6 without the knowledge or consent of the owner, rightful
288288 7 occupant, or an authorized representative of the owner. For
289289 8 the purposes of this Section, "resides" means to inhabit or
290290 9 live on or within any land or premises.
291291 10 (b) Any person who commits or is accused of committing
292292 11 unlawful squatting shall receive a citation advising him or
293293 12 her that he or she must present to the issuing law enforcement
294294 13 agency, within 3 business days of receipt of the citation,
295295 14 properly executed documentation, including a properly executed
296296 15 lease or rental agreement or proof of rental payments, that
297297 16 authorizes the person's entry on such land or premises or
298298 17 submit proof that the person has obtained adverse possession
299299 18 of the land or premises under Section 13-101, 13-107,
300300 19 13-107.1, 13-109, or 13-109.1 of the Code of Civil Procedure.
301301 20 If the person is unable to provide the documentation or proof
302302 21 required under this subsection, he or she shall be subject to
303303 22 arrest for unlawful squatting. If the person is able to
304304 23 provide the documentation or proof required under this
305305 24 subsection, a hearing shall be set within 7 days of submission
306306 25 of such documentation and if the court finds that the
307307 26 submitted documentation was not properly executed or is not
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