§ 5/9-107.10 Military personnel on active duty; action for possession
§ 9-107.10. Military personnel on active duty; action for possession.
(a) In this Section:
“Active duty” means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
“Service member” means a member of the armed services or reserve forces of the United States or a member of the Illinois National Guard.
(b) In an action for possession of residential premises of a tenant, including a tenant who is a resident of a mobile home park, who is a service member deployed on active duty, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's deployment on active duty:
(1) Stay the proceedings for a period of 90 days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time.
(2) Adjust the obligation under the rental agreement to preserve the interest of all parties to it.
(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the military or gubernatorial orders calling the service member to active duty and of any orders further extending the service member's period of active duty.
(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act.