9-119.Emergency subsidized housing eviction proceedings.

Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026

In one sentenceSection 9-119 gives owners of subsidized housing a fast-track eviction process against a tenant who repeatedly refuses to allow a required inspection, after a specific sequence of two refusals, a written warning, and 30 more days to comply.

Full Text of 735 ILCS 5/9-119

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(a) As used in this Section: "FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program. "HUD" means the United States Department of Housing and

Urban Development, or the Federal Housing Administration or a local housing authority administering a HUD program.

"Section 8 contract" means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).

"Subsidized housing" means: (1) any housing or unit of housing subject to a

Section 8 contract; (2) any housing or unit of housing owned, operated,

or managed by a housing authority established under the Housing Authorities Act; or

(3) any housing or unit of housing financed by a loan or mortgage held by the Illinois Housing Development Authority, a local housing authority, or the federal Department of Housing and Urban Development ("HUD") that is:

(i) insured or held by HUD under Section 221(d)(3) of the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937;

(ii) insured or held by HUD and bears interest at a rate determined under the proviso of Section 221(d)(3) of the National Housing Act;

(iii) insured, assisted, or held by HUD under Section 202 or 236 of the National Housing Act;

(iv) insured or held by HUD under Section 514 or 515 of the Housing Act of 1949; (v) insured or held by HUD under the United

States Housing Act of 1937; or (vi) held by HUD and formerly insured under a program listed in subdivision (i), (ii), (iii), (iv), or (v). (b) This Section applies only if all of the following conditions are met: (1) The verified complaint seeks possession of premises that are subsidized housing as defined under this Section. (2) The verified complaint alleges that there is direct evidence of refusal by the tenant to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises, provided that all of the following conditions have been met:

(A) on 2 separate occasions within a 30 day period the tenant, or another person on the premises with the consent of the tenant, refuses to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises;

(B) the landlord then sends written notice to the tenant stating that (i) the tenant, or a person on the premises with the consent of the tenant, failed twice within a 30 day period to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises and (ii) the tenant must allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within the next 30 days or face emergency eviction proceedings under this Section;

(C) the tenant subsequently fails to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within 30 days of receiving the notice from the landlord; and

(D) the tenant's written lease states that the occurrence of the events described in items (A), (B), and (C) may result in eviction. (3) Notice, by verified complaint setting forth the relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court. (c) When a complaint has been filed under this Section, a hearing on the complaint shall be scheduled on any day after the expiration of 14 days following the filing of the complaint. The summons shall advise the defendant that a hearing on the complaint shall be held at the specified date and time, and that the defendant should be prepared to present any evidence on his or her behalf at that time. (d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by default. If the defendant appears, a trial shall be held immediately as is prescribed in other eviction proceedings. The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. (e) An eviction order entered under this Section may not be stayed for any period in excess of 7 days by the court. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall give priority to service and execution of orders entered under this Section over other possession orders.

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Plain-English Summary

"Subsidized housing" covers housing subject to a Section 8 contract, housing owned, operated, or managed by a housing authority, and certain housing financed by loans or mortgages held by HUD, FmHA, or the Illinois Housing Development Authority. To use this fast track, the tenant, or someone on the premises with the tenant's consent, must have refused to allow an authorized inspection on 2 separate occasions within a 30-day period; the landlord must then send written notice of those refusals warning of eviction proceedings; the tenant must fail to allow the inspection within 30 days of that notice; and the tenant's written lease must state that this sequence can lead to eviction.

Once those conditions are met, a verified complaint with a Section 9-104-type demand is served at least 14 days before the hearing, in place of any separate predicate notice. The hearing is set for any day after that 14-day period runs from filing, and the summons must alert the defendant to be ready with evidence.

A defendant who skips the hearing gets a default order; one who appears gets an immediate trial that can't be pushed more than 7 days past the first hearing date without agreement, decided by a preponderance of the evidence. Any stay is capped at 7 days, after which the plaintiff can re-enter right away, and the sheriff gives this kind of order priority over others.

Frequently Asked Questions

What counts as "subsidized housing" under this section?

Housing subject to a Section 8 contract, housing owned, operated, or managed by a housing authority, and certain housing financed by loans or mortgages held by HUD, FmHA, or the Illinois Housing Development Authority.

How many times does a tenant have to refuse an inspection before this fast-track eviction applies?

Two separate refusals within a 30-day period, followed by a written warning notice and a final 30-day chance to comply.

Does the lease have to say anything specific for this to apply?

Yes, the tenant's written lease must state that failing to allow inspection after that sequence of events may lead to eviction.

How much notice does the tenant get before the hearing?

At least 14 days, through the verified complaint and demand, and the hearing is set for any day after 14 days from the filing date.

How long can the court stay enforcement of an eviction order entered under this section?

No more than 7 days.

Amendment History

(Source: P.A. 100-173, eff. 1-1-18.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: subsidized housing eviction illinoissection 8 eviction refusal inspection illinoisHUD housing eviction illinoisemergency eviction inspection refusal illinois