Real Estate Law

(Link, D-Lake Bluff; Zalewski, D-Chicago) allows court to award attorney’s fees for the prevailing party in certain administrative-review actions. It applies only to the decision of a code-hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation relating to the condition or use of that residential property. It is limited to municipalities with a population of 500,000 or less. The court may award the plaintiff all reasonable costs, including court costs and attorney’s fees, if the court finds that (1) the hearing officer’s decision was arbitrary and capricious; or (2) the defendant failed to file a record under Section 3-108 of the Code of Civil Procedure that is sufficient to allow the court to determine whether the hearing officer’s decision was arbitrary and capricious. The court may award the municipality the same damages if the court finds that the plaintiff’s action seeking administrative review is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law. Passed both chambers.

(Monique Davis, D-Chicago) amends the Forcible Entry and Detainer section of the Code of Civil Procedure to do three things. (1) Limits the number of motions a tenant may file to stay the enforcement of an order for possession to two unless good cause is shown by written motion. (2) Allows a "peace officer" to execute an order for possession. (3) Also allows service of an order of possession by an off-duty peace officer who is employed on a part-time basis by a licensee under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In the House on third reading.

(Nekritz, D-Buffalo Grove) creates the Condominium and Common-Interest Community Ombudsperson Act. It creates a state office entitled the Office of the Condominium and Common-Interest Community Ombudsperson within the Department of Financial and Professional Regulation. After July 1, 2017, the ombudsperson shall offer training, educational materials, and courses to unit owners, associations, board of managers, and boards of directors in subjects relevant to the operation and management of condominiums and common interest communities and the respective Acts under each. It requires each association to adopt a written policy for resolving complaints made by unit owners. Unit owners may make a written request under this Act to the ombudsperson for assistance in resolving a dispute between a unit owner and an association that involves a violation of either the Condominium Property Act or the Common-Interest Community Property Act. The assistance of the section is available only to unit owners. The department must promulgate a rule assessing nonrefundable fees for the administration and enforcement of this act. House Bill 4204 passed the House on a 60-38 vote and is now in the Senate.

(Harmon, D-Oak Park) creates a new section in the Probate Act entitled “presumptively void transfers.” It applies to caregivers who, either as a result of family relationship, voluntarily, or in exchange for compensation, have assumed responsibility for all or a portion of the care of another person who needs assistance with activities of daily living. It applies to “transfer instruments” that includes a will, trust, deed, form designated as payable on death, contract, or other beneficiary designation form. It presumes, with some exceptions, that a transfer instrument is presumed to be void if the transferee is a caregiver, or a person related to a caregiver, and the fair market value of the transferred property exceeds $20,000. It has some exceptions, which are as follows: (1) if the transferee establishes by clear and convincing evidence that the transfer was not the product of fraud, duress, or undue influence. But it prohibits the court from making that determination solely upon the testimony of the caregiver. (2) If the transfer instrument was reviewed by an “independent attorney” who signs and delivers a statutory certificate of review. (3) If the transferee’s share under the transfer instrument is less than the share the transferee was entitled to under the transferor’s testamentary plan in effect before the transferee became a caregiver. If the caregiver attempts and fails to overcome the presumption under this section, the caregiver must bear the cost of the proceedings, including, without limitation, reasonable attorney’s fees. Assigned to Senate Judiciary Committee.