About one third of all applications are filed by misdemeanants. Source: Illinois Prisoner Review Board. Springfield, IL Phone: Fax: ktupy prb. A prior conviction of any sort makes a person ineligible for expungement. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Ineligible offenses include DUI, sex crimes, animal crimes, and domestic battery. However, any felony offense committed after the date of the sealing may not be sealed. In addition, the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.
Upon entry of a disposition for an eligible record under the sealing authority, the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records. The same procedure applies to expungement and sealing. Procedure for sealing includes notice to DA, and a hearing upon objection filed.
This includes hospitals, schools, and other agencies dealing with vulnerable populations. Since expungement results in destruction of the record, provisions limiting their use seem redundant. Effective January 1, , a new provision Ill. Both the individual and the prosecutor must agree. Under Ill. Upon successful completion of probation, the person is discharged and the proceedings dismissed. People v. Goetz , N.
Expungement and sealing of juvenile records are governed by Ill. Juveniles must be informed orally and in writing of their right to expunge records if they are released without charges filed or during sentencing for an expungement-eligible offense. To expunge, the youth must complete and file a petition with the court clerk in the county of arrest. Dorene A. Following the filing of a petition, the juvenile or his attorney must attend a hearing, even if there is no opposition to the petition.
Juveniles have a right to records sealing, and any records that are not expunged are deemed to be sealed. The report shall be updated as appropriate to notify the principal of developments and the disposition of the matter. The purpose of the CRD is to facilitate licensing in 27 specified areas. Persons with out-of-state or federal convictions are eligible for relief from licensing restrictions through a CRD, but are not eligible for a CGC. For CRDs, see Ill. The court may issue order at time of sentence, or at any time thereafter. The court may also request investigation by probation or court services, and may hold a hearing.
The Department of Professional Regulation is required to report to the General Assembly each year the number of people with criminal records who applied for licenses, both with certificate of relief from disabilities and without, and the numbers of licenses granted and rejected. In lifting occupational bars, the law gives felony offenders access to licenses in fields which current legislation presumes denial of licensure, including those related to animal welfare, athletic training, cosmetology, boxing, interior design, land surveying, marriage and family therapy, professional counseling, real estate, and roofing.
The certificate may be limited to one or more disabilities or bars or may relieve the individual of all disabilities and bars. See infra. A CGC does not prevent any court or administrative body from considering the conviction, does not preclude use of the conviction for impeachment, and does not expunge or seal the record. The court may enlarge relief, and may also revoke the certificate upon a violation of supervision or a subsequent conviction. In general, Illinois limits consideration of conviction in connection with occupational licensing only for certain employments, and only where a person has received a certificate of rehabilitation.
In addition, the Illinois Human Rights Act prohibits employment inquiries about, or discrimination based on, criminal history records that have been ordered expunged, sealed or impounded. A claim of racial discrimination has also been sustained under this law where a criminal conviction was the articulated basis for a refusal to hire.
See Bd. Knight , N. See Public Accounting Act, Ill. The laws governing licensing for health care workers have undergone significant changes since , and have tightened restrictions on convicted individuals seeking to pursue a variety of health related licenses.
PEOPLE v. ESPINOZA
These additional restrictions have been steadily broadened, subsequently challenged, and are presently in an uncertain state of flux. The law governing the hiring of health care workers who are not subject to other licensing requirements requires criminal background checks, and while it disqualifies individuals from employment upon conviction of a long list of crimes, it permits a waiver by the agency that oversees the type of facility applicant is interested in working, and requires action on the waiver application within 30 days.
The statute sets forth nine mitigating circumstances e. At least two health care licensing agencies have adopted a two-tiered procedure for reviewing waiver applications. Casey Foundation July Agency staff are authorized to grant waivers that apply to the less serious offenses listed in the act, and the agency director reviews applications involving the most serious violent offenses including murder.
Neither the state law nor agency rules set forth any offense that bars a waiver. However, a waiver does not guarantee employment; it only allows the employment of an individual with a waiver by any of the facilities regulated by the agency that issued the waiver. Two agencies released their records of actions taken on waiver applications in connection with a request made by Linda Mills for her study of prisoner reentry issues for the Annie E.
Casey Foundation. Of the waivers granted by DHS over that period, only one person was later charged with abuse of a patient — and that person had only a conviction for retail theft. Of those, had no disqualifying convictions this is due, according to the DPH to name matches that are not actual person matches. Of the 5, with actual convictions, 4, Of those, 97 2.
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DPH also has been generous with its waivers of the most serious, recent or violent offenses that need director approval. In May , Mayor Richard Daley created the Mayoral Policy Caucus on Prisoner Reentry, bringing together government and community leaders to address the challenges facing 20, people each year who return to Chicago after being released from prison.
In January , the Caucus issued a major report calling for broad ranging reforms of City policy. Put more simply, this change means that City hiring will be fairer and more common sense.
Juror's Bills of Rights
We cannot ask private employers to consider hiring former prisoners unless the City practices what it preaches. Prior to , the only remedy of any sort for a conviction was to receive a gubernatorial pardon authorizing expungement. Whether it was a felony conviction or an ordinance violation, a pardon was the only way to obtain relief.
Absent that extraordinary remedy, a person could never remove a criminal record and the stigma surrounding it from public view. The sealing law now authorizes the courts to make decisions on whether to seal minor misdemeanor offenses and limited felony offenses. Skip to content I. The lessor may claim nonpayment of rent as the lease violation in a ten-day notice to quit, but the tenant can avoid eviction by tendering the rent due in the ten-day period. Westerman v.
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Gilmore , 17 Ill. Municipal Code of Chicago, Section b. Under the Chicago ordinance, a landlord may give the tenant a ten-day notice if the tenant is in material non-compliance with the rental agreement or with the tenant's responsibilities under section of the ordinance. In contrast to the state statute, the ordinance requires that the tenant be given the opportunity to remedy the violation within the ten-day period.
The ten-day notice must include the following:. If the tenant has created a disturbance to neighbors, the ten-day notice must give the tenant the opportunity to remedy the violation. However, if the tenant has created another disturbance within 60 days after receipt of the notice, the landlord may terminate the rental agreement by giving a second ten-day notice. The second notice does not have to provide the tenant with the right to remedy the violation. An oral month to month tenancy may be terminated on a written day notice.
The notice need not state a reason for the termination of the tenancy. The notice must be served at least 30 days before the date of termination and must state the last date of the rental period. Erickson , 73 N. Any notice of termination of tenancy, including a five-day or thirty-day notice must be served by one of the following means:. In Prairie Mgmt. Bell , Ill. Furthermore, a tenant's acknowledged receipt of the notice cures any defect in the landlord's manner of service. However, in construing the posting section of the statute, the Appellate Court found that there was no jurisdiction over a tenant who was in actual possession of the premises and whom the landlord served by posting.
Figueroa v. Deacon , Ill. Lessors must evict tenants through judicial proceedings. The judicial eviction proceeding is called an Eviction Action. An eviction action is an action to determine the right to possession of the premises at issue. It is a summary proceeding; matters not germane to possession may not be joined, but the statute specifically allows a claim for rent to be joined.
Practitioners in Cook County should be aware that the courts narrowly construe germaneness. In any event, if at all possible, any germane counterclaims should also be pled as affirmative defenses. Examples of relevant matters are:. The complaint need only allege that the plaintiff is entitled to possession of the premises and that the defendant unlawfully withholds possession of the premises. Service of summons must be made by the general requirements of the Code of Civil Procedure.
There must be strict compliance with the statutory requirements for service. Chiaro v. Lemberis, 28 Ill. It provides that service shall be made:. Judgment for rent may not be entered in such cases. A landlord must make a due and diligent inquiry into the whereabouts of the tenant before relying on constructive service. Equity Residential Properties Management Corp. Nasolo , Ill.
Horton , 59 Ill. Nalaso Ill. If these statutorily mandated due and diligent inquiries are not completed by the plaintiff, the court has no jurisdiction over that defendant and a default judgment entered against him, or her is void. Summons must be served at least three days before the date the defendant is required to appear.
Illinois Supreme Court Rule b. The defendant no longer must file a special and limited appearance with the motion. If the reasons for the objection do not appear on the face of the pleadings on file, an affidavit must support the motion. A defendant in an eviction action must appear at the time and place specified in the summons. Supreme Court Rule b 2. The defendant need not file an answer unless ordered to do so by the court.
When no answer is ordered, the allegations in the complaint are deemed denied, and any defense may be proved as if it were specifically pleaded. Practitioners in Cook County may wish to file affirmative defenses to avoid allegations of surprise, and preclusion of affirmative defenses, at trial. A defendant in an eviction action has a right to a jury trial. The demand must be made when the defendant makes a first appearance to preserve the right. Since no answer is required in an eviction action, the jury demand should be filed on or before the first appearance date.
First Bank of Oak Park v. Carswell , Ill. Kesner , Ill. Plaintiff has the burden to show its right to possession by a preponderance of the evidence. Connery v. Van Thournout , Ill. The plaintiff must also show strict adherence to the procedural requirements, including notice requirements, of the eviction provisions of the Code of Civil Procedure. Title VII. The PTFA requires that tenants residing in foreclosed residential properties be provided notice to vacate at least 90 days in advance of the date by which the immediate successor, generally the purchaser, seeks to have the tenants vacate the property.
Furthermore, the term of any bona fide lease also remains in effect for the full length of the lease, and the tenant is entitled to 90 days notice before the end of the lease. Bona fide leaseholders may not be removed by filing a supplemental petition for succession in the original foreclosure suit.
The Illinois law states that the purchaser may not file an eviction action against the occupant of the mortgaged real estate until 90 days after a notice of intent to file the action has been properly served upon the occupant. The purchaser may not file a supplemental petition for succession against a bona fide leaseholder. The purchaser may not file an eviction action against a bona fide leaseholder until 90 days before the end of the lease, up to one year. The court file relating to an eviction action brought against a tenant who would have lawful possession of the premises but for the foreclosure on the property, or a bona fide leaseholder, shall be sealed under Section RLTO A landlord must provide existing tenants written notice of a foreclosure complaint within 7 days of being served.
Notice must be given to any third party who regularly pays rent on behalf of a tenant. Notice of an existing foreclosure action must be given to new tenants.
In re M.I., IL – yxicavicox.ml
Within 7 days of being served a foreclosure notice, an owner or landlord of the premises that are subject to the complaint shall disclose, in writing, to all tenants of the foreclosed premises that a foreclosure action has been filed. RLTO e. RLTO h. Sets forth the definition of "successor landlord. KCRO No later than 21 days after a person becomes the owner of a foreclosed rental property, the owner shall make a good faith effort to ascertain the identities and addresses of all tenants of the rental units in the foreclosed property and notify, in writing, all known tenants of such rental units that, under certain circumstances, the tenant may be eligible for relocation assistance.
The notice shall be given in English, Spanish, Polish, and Chinese. A tenant in a foreclosed rental property on the day that a person becomes the owner of that property; and is a bona fide leaseholder, see definition above. A lessor who by any action recognizes the continued existence of a tenancy after the lessor has knowledge of a breach of the lease waives the right to assert forfeiture of the lease due to that lease violation.
Helgason , Ill. Such acts include:. When a landlord has promised in the lease to make needed repairs and does not after a tenant has given landlord notice of conditions and a reasonable amount of time to make repairs, the tenant has three options:. If landlord sues tenant for eviction for nonpayment of rent after tenant makes repairs, the tenant can argue that rent is not owed because of costs of repairs.
However, the tenant must meet the following requirements:. This does not apply to public housing, condominiums, not-for-profit cooperative homes, or owner-occupied dwellings with six or fewer units. Also, if you make repairs, you should be aware that you are responsible for the following:. Section c gives tenants the right to repair and deduct under the following circumstances:. Tenants should be warned that it is risky to withhold rent.
However, every residential lease includes an implied warranty of habitability. Some leases also contain express warranties of habitability. Breach of an express or implied warranty of habitability is a defense germane to an eviction action. Glasoe v. The claim may be made by the affirmative defense and by counterclaim. In Glasoe v. The court may consider the agreed monthly rent as the fair rental value. If rent is still due to the lessor after appropriate reduction due to a breach of the warranty of habitability, the tenant is entitled to a set-off, but the lessor may still gain possession of the premises.
Under section d , the following conditions must be met:. Tenants may deduct from rent due payments they make for utility services that the landlord was obligated to make but failed to make to avoid interruption of service. A tenant shall not be required to pay utilities for any common area or other units unless, before entering into a lease or taking a security deposit, the landlord provides a specific written statement of the arrangement and 12 months of utility bills. The tenant may waive this provision in writing. A landlord may not cause utility service to tenants to be interrupted or terminated by nonpayment of utility bills for which the landlord is responsible or by tampering with equipment.
If a landlord terminates service in violation of section 1.
In re M.I., 2013 IL 113776
A lessor cannot terminate or refuse to renew a lease or tenancy because the tenant complained to a governmental authority of a bona fide violation of a building code, health ordinance, or similar regulation. Any lease provision to the contrary is void. In Clore v. Fredman , 59 Ill. The lessor can rebut the prima facie case of retaliatory eviction by establishing that the eviction was in fact motivated by other reasons.
The mere existence of another independent reason to evict is not sufficient. Clore v. Fredman, N. Municipal Code of Chicago, Section The CRLTO broadens the scope of the retaliatory eviction defense by protecting any of the following types of tenant conduct:. A landlord may not knowingly terminate a tenancy or refuse to renew a lease because the tenant has engaged in one of the forms of protected activity. In an eviction action, if the tenant presents evidence that the tenant engaged in protected conduct within one year before the alleged act of retaliation, such evidence creates a rebuttable presumption that the landlord's conduct was retaliatory.
The Fair Housing Act prohibits various forms of discrimination in a wide variety of housing and real estate practices. It proscribes discrimination based on race, color, national origin, disability, religion, sex, and familial status. Also, the housing provider cannot discriminate in the terms, conditions or privileges of the sale or rental of a property, or in the provision of services or facilities.
Concerning persons with disabilities, a housing provider has an affirmative duty to provide reasonable accommodations to its rules, policies, practices, or services when necessary to ensure an equal opportunity to use and enjoy a dwelling and to permit reasonable modifications such as physical improvements that ensure access to units and common areas.
Familial status is defined as one or more individuals under 18 who are domiciled with a parent or other person designated by the parent or other person having custody with the written permission of such parent or another person. Families also include pregnant women, persons in the process of adopting a minor child, and families with foster children.
Gorski v. Troy , F. A lessor cannot require a larger security deposit from families with children, or evict a family solely because the family has a child. Reasonable local, state, or federal regulations on the maximum number of occupants permitted to occupy a dwelling are lawful provided that they do not discriminate against a class protected by the Act.
The Act does not address occupancy standards imposed by private landlords. An accommodation is not reasonable if it imposes undue financial or administrative burdens. Davis , U. The ordinance provides redress to housing discrimination based on age, marital status, sexual orientation, a source of income, and military discharge status.
A landlord can defeat the above defense if they can show that the tenant's presence would create a threat to other residents, the landlord, or their employees. Even if the municipality has a crime-free or nuisance ordinance, the landlord is still required to follow federal and state laws protecting victims of domestic violence. Lessors must enforce a judgment of possession within days unless the court grants an extension.
The tenant should be sure to wait until the day period has elapsed. Lessors sometimes accept rent accruing after the eviction order is entered. If such rent is accepted, a new lease is created. The tenant may bring an action to recognize the new tenancy. However, the landlord may accept rent that accrues between the entry of the judgment and the expiration of the stay, if the landlord has obtained the court's approval. Tell the client to be on time for court and speak up before anyone else if he has defenses. Say "I have a defense! A client who is 10 minutes late may already be evicted before he arrives.
A judge may allow a day extension to move. If the notice demands full payment of rent and the landlord accepts a partial payment, the landlord has not waived the right to evict. If a landlord recovers both rent and possession in joint action and the client pays the amount owed, the landlord can still evict. Through the use of a 5-day notice, the landlord can claim back rent only. Damage to property must be deducted from the security deposit or may be claimed in a day notice. Skip to main content. Want free legal help? Log in or register to text this information to yourself On a mobile device?
Rate 5. Average: 5 1 vote. Leases Leases may be oral or written. Duration Where no lease term is specified in an oral or written lease, courts imply renewable lease terms for the periods for which rental payments are paid, e. Construction of leases Generally, contract rules of construction apply. Penalty Clauses Lease provisions that permit penalties may be unenforceable. Warranty of habitability A warranty of habitability is implied in every residential lease. Covenant of quiet enjoyment Every tenant is entitled to the covenant of quiet enjoyment. The receipt shall be signed by the person receiving the security deposit.
Failure to comply with this subsection shall entitle the tenant to immediate return of the security deposit Certain exceptions apply for electronic funds transfer; A landlord must pay interest on a deposit held more than 6 months, see below within 30 days after the end of each month period; and A successor owner or landlord becomes responsible for the security deposit Note: Many landlords are no longer collecting a security deposit to avoid the possibility of violating RLTO security deposit requirements. Among other things, the following language regarding the penalty for violation of Section now appears: f 1 Subject to subsection f 2 , if the landlord fails to comply with any provision of Section a - e , the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined by Section It should be argued that the reference to Section is a typographical error because: The preceding language says that a tenant can recover other damages under this chapter presumably , and Section does not authorize damages it refers merely to the method by which interest is calculated.
Under this argument, the tenant should seek twice the deposit for each violation that occurs. Requirements for return of the deposit under the ordinance. Notice to terminate All tenants are entitled to a notice of termination of tenancy or demand for rent before the lessor may bring an eviction action.
Exceptions No notice of termination of tenancy is required at the expiration of the lease period.
Written notice Notices of termination must be in writing and describe the premises with reasonable certainty.