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File #: 16-2617    Version: 1 Name: PROHIBITION ON RETALIATORY MOTIONS FOR USE AND OCCUPANCY
Type: Ordinance Amendment Status: Filed
File created: 4/7/2016 In control: Workforce, Housing & Community Development Committee
On agenda: 4/13/2016 Final action: 11/21/2018
Title: PROPOSED ORDINANCE AMENDMENT PROHIBITION ON RETALIATORY MOTIONS FOR USE AND OCCUPANCY WHEREAS, the 1970 Illinois Constitution, Article VII, Section 6 designates Cook County as a Home Rule Unit of Government; and WHEREAS, Cook County may exercise powers and perform functions as they relate to government, including the authority to regulate for the protection of the public health, safety, morals and welfare; and including the power to tax; and WHEREAS, Cook County may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State's exercise to be exclusive; and WHEREAS, the General Assembly has not specifically limited the power of Cook County to enact laws regarding Forcible Entry and Detainer; and WHEREAS, the General Assembly has not specifically declared that the State's exercise over Forcible Entry and Det...
Sponsors: RICHARD R. BOYKIN
title
PROPOSED ORDINANCE AMENDMENT

PROHIBITION ON RETALIATORY MOTIONS FOR USE AND OCCUPANCY

WHEREAS, the 1970 Illinois Constitution, Article VII, Section 6 designates Cook County as a Home Rule Unit of Government; and

WHEREAS, Cook County may exercise powers and perform functions as they relate to government, including the authority to regulate for the protection of the public health, safety, morals and welfare; and including the power to tax; and

WHEREAS, Cook County may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State's exercise to be exclusive; and

WHEREAS, the General Assembly has not specifically limited the power of Cook County to enact laws regarding Forcible Entry and Detainer; and

WHEREAS, the General Assembly has not specifically declared that the State's exercise over Forcible Entry and Detainer laws to be exclusive to the State; and

WHEREAS, allowing landlords who initiate Forcible Entry and Detainer Actions in the Circuit Court of Cook County to file Motions for Use and Occupancy during the pendency of trial is punitive to defendants seeking to protect their rights; and

WHEREAS, a disproportionate number of defendants in Forcible Entry and Detainer actions live in poverty; and

WHEREAS, a Motion for Use and Occupancy during pendency of a jury trial may discourage defendants from protecting their rights and be prohibitive of finding legal counsel; and

WHEREAS, penalizing individuals for exercising their right to a jury trial is an important access to justice issue;

NOW THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 42 - Human Relations, Article II - Human Rights, Section 42-38-Housing, subsection (b) of the Cook County Code be amended as follows:

Sec. 42-38. - Housing.

(b) Prohibitions.

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(8) ...

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