Legislative Issues Brief (pdf) - Illinois Association of REALTORS

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ILLINOIS ASSOCIATION OF REALTORS ®Licensing, Regulatory, and Transactional Issues SUPPORT Senate Bill 2266 (Haine), an IAR initiative to amendthe Real Estate License Act to clarify and update several provisions of the Act.We are working with the Department of Financial and Professional Regulation and others on this bill.There is no known opposition. Passed the Senate, pending in the House. OPPOSE House Bill 2832 (Lang) in its current form, but work with Rep. Langand Cook County Recorder Yarbrough on legislation and/or policies which assist CountyRecorders in helping to address fraudulent activity perpetrated through the recording process. The IAR,the State Bar Association, and the Land Title Association are all concerned that because this bill enablesrecorders to decide which documents are recorded in the normal process, and which are placed on a“review registry,” the bill would lead to uncertainty, confusion, and delays in real estate closings. Weare all for fighting fraud, but it is essential that the recording process not become a subjective processdetermined by each county recorder. SUPPORT Senate Bill 92 (Sullivan) and House Bill 1232 (Sacia), which is acompromise worked out last year with the Auctioneers Association to allow auctioneers to collaboratewith real estate licensees in real estate auctions, but maintains the provision that the auctioning of realestate is a licensed activity under the Real Estate License Act. The bill passed the Senate last year, butdid not advance in the House. SUPPORT House Bill 2764 (Scherer) to amend the Highway Advertising Control Act toclarify the regulation of signs advertising the sale or lease of real estate or on premise business signs.Affordable Housing/Foreclosure/Vacant Property Issues SUPPORT House Bill 2646 (McAsey), which amends the Condominium Property Act tobring much-needed clarity and certainty as to the amount of past-due condominium assessments that abuyer of a foreclosed condominium must pay. Under current law, agents and buyers are sometimes notaware of amounts owed until a few days before the closing. HB 2646 caps the maximum amount thatthe buyer would have to pay at the equivalent of 9 months of regular assessments, and this amountwould include any attorney’s fees (attorney’s fees could not be added on top of this). OPPOSE Senate Bill 1244 (Link), amends the Counties Code to authorize Lake County toenact a $3 surcharge on the recording of real estate related documents to fund an affordable housingtrust fund. We fundamentally OPPOSE turning once again to a real estate transfer fee - which makeshousing LESS affordable - to fund an “affordable housing” initiative. There are significant state andfederal resources that currently exist without doing ANOTHER local fee. SUPPORT Senate Bill 1740 (Trotter), an initiative of the Illinois Housing DevelopmentAuthority, that provides for a reduction of the assessed value of improvements made to foreclosedproperty if certain criteria are met.www.illinoisrealtor.orgFighting for Our Industry, Homeowners, and Property Rights!
ILLINOIS ASSOCIATION OF REALTORS ® Continue to monitor and discuss Senate Bill 1602 (Collins),which would extend current federal protections for tenants following foreclosure,which are set to expire in 2014, by adding provisions to Illinois law. The provisionsrequire tenant leases to be honored after a foreclosure, and require a 90-day notice to evict tenantsfollowing foreclosure. The bill also seeks to regulate “cash-for-keys” agreements with tenants followingforeclosure. Continue to monitor and discuss House Bill 2572 (Jones), which enacts the LocalGovernment Stabilization Authority Act to enable townships within House Districts 28 (Rita ), 29(Jones), or 30 (Will Davis) to acquire, maintain, rehabilitate, and transfer property for the purpose ofreturning vacant, abandoned, and tax delinquent properties to productive use. This is a pilot programsimilar to the pilot program recently enacted by Cook County with the input of local REALTORS®.Commercial, Multi-Family, and Condominium Issues OPPOSE legislation to empower non-home-rule units to impose landlordlicensing and so-called “crime free housing” requirements on landlords (Senate Bill1155 and House Bill 2437 are not currently active). We have serious issues with some of theseordinances that home rule units currently enact. This approach puts landlords at risk of losing theirproperty due to the actions of their tenants, and is unfair to both landlords and tenants. Tenant groupsalso oppose these bills. We SUPPORT alternative approaches like House Bill 1532(DeLuca), which provide landlords with greater ability to handle recurrent disruptive and criminalactivity on their premises, and we also encourage broader discussions on a comprehensive approach thatbrings fairness and uniformity to both home rule and non-home-rule regulations in this area. OPPOSE House Bill 595 (Nekritz) in its current form, but work with the sponsor, theCondominium Managers Association, and the IDFPR to address our concerns. As written, the billamends the Community Association Manager Licensing Act to establish a new “supervisor” license, andimposes additional requirements on real estate licensees who are condominium manager licensees. SUPPORT Senate Bill 1961 (Haine) to consolidate the inspection and enforcement ofasbestos-related functions at the IEPA. The Department of Public Health will continue to licenseasbestos occupations. OPPOSE Senate Bill 2375 (Haine), which would extend the Criminal HousingManagement offense in the Criminal Code to commercial properties. The offense applies topersons who manage or control real estate (whether an owner or manager), if he or she recklesslypermits the physical condition or facilities of the real estate to become or remain in any conditionwhich endangers the health or safety of a person other than the defendant. We are working withthe sponsor and proponents to help address the situations they are concerned with in amanner that addresses our concerns.www.illinoisrealtor.orgFighting for Our Industry, Homeowners, and Property Rights!
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Legislative Issues Brief (pdf) - Illinois Association of REALTORS

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