2023 Articles

Local Governance of Rental Communities in Cook and Collar Counties Via RTLOs That Identify Rights and Protections of Tenants vs. Landlords By Sharon L. Eiseman February 2023 An overview of the ordinances in Chicago and suburban Cook County that identify the rights and responsibilities of landlords and tenants.

Medicaid Update By Leonard Berg September 2023 Illinois can no longer file a lien against real estate to recover Medicaid benefits.

Mitigation of Damages in Illinois Commercial Lease Disputes By R. Kymn Harp April 2023 An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.

The Negotiation Process a Government Entity Must Follow, Pursuant to State Statute, in Seeking to Acquire Private Property From Its Owner for Public Use in a Construction Project for the Benefit of the Public By Sharon Eiseman June 2023 In the typical situation where a state agency is seeking to acquire all or part of a piece of real estate that is privately owned, a negotiation process must be followed in keeping with a statutory mandate found in the Illinois Compiled Statutes.

New Changes to the Illinois Radon Gas Awareness Act By Nicky Sonntag December 2023 The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.

New Law: Public Act 103-0132 July 2023 The amended text of the Landlord and Tenant Act.

A New Statutory Special Warranty Deed—and More By Richard F. Bales February 2023 The real estate attorney now has three options when it comes to preparing and accepting special warranty deeds—two statutory deeds and a customized deed.

A Note From the Chair By Emily Vivian August 2023 A note from the chair.

Notices June 2023 Important updates of interest to real estate practitioners.

Overview of Bulk Sales Laws for Commercial Real Estate Transactions By Nicky Sonntag May 2023 To avoid later disputes between parties, issues related to obtaining bulk sales releases, payment of taxes owed by the seller, and the creation of any escrow required for payment of the bulk sales taxes should be addressed and negotiated in the terms of the purchase and sale agreement.

1 comment (Most recent May 17, 2023)

An Overview of the Illinois Electric Vehicle Charging Act By Nicky Sonntag September 2023 Thanks to the recently enacted Electric Vehicle Charging Act, owners and tenants of residences in certain types of residential buildings constructed after January 1, 2024, will have the right to install and use charging equipment for electric vehicles if certain conditions are met.

Practice Notes By Michael J. Maslanka December 2023 Two brief caselaw summaries of interest to real estate law practitioners.

Practice Tip July 2023 A practice tip for real estate practitioners.

Practitioner Reminder: Illinois Housing Development Authority’s New Homebuyer Assistance Program By Nicky Sonntag July 2023 The Illinois Housing Development Authority has a new homebuyer assistance program offering a flat $10,000 towards a qualifying borrower's home purchase.

Practitioner Reminder: Publication of the Federal Reserve Board’s Final Rule on LIBOR Benchmark Replacements By Nicky Sonntag February 2023 The London Interbank Offered Rate—used in consumer and business loans, bonds, securitizations, and nonfinancial corporate contracts as a benchmark interest rate in financial transactions—is being discontinued.

Practitioner Reminder: Updated Guidance for Section 8 Project-Based Rental Assistance Program By Nicky Sonntag April 2023 The U.S. Department of Housing and Urban Development’s Office of Multifamily Housing Programs has published updated guidance for owners of properties participating in its Section 8 Project-Based Rental Assistance Program.

The Real Estate P.O.A. By Michael J. Maslanka February 2023 Many real estate attorneys have their clients sign powers of attorney for property to allow the attorneys to sign various real estate transaction documents for them. If this occurs, the attorney must be aware of some crucial points.

Residential Real Property Disclosure Act Amended By Philip Vacco September 2023 A summary of the recent Illinois Residential Real Property Disclosure Act amendments.

1 comment (Most recent September 29, 2023)

Salient Points From Reverse Mortgage Funding, LLC v. Catchins, et al., 2023 IL App (1st) 221197 By Michael J. Maslanka June 2023 A brief summary and analysis of Reverse Mortgage Funding, LLC v. Catchins, et al.

Second District Appellate Court Holds That Bankruptcy Does Not Extend the Redemption Period to Pay Delinquent Taxes Under the Revenue Code By James V. Noonan March 2023 A summary and analysis of In re County Treasurer & Ex Officio County Collector of Lake County.

‘The Sellers Must Have Known!’: A Material Defects Lawsuit Ends in Buyer Being Ordered to Pay Sellers’ Attorneys’ Fees—A Case Summary and Cautionary Tale for Buyers By Stephen Sotelo December 2023 In Hahn v. McElroy, a home buyer’s lawsuit alleging that the sellers failed to disclose mold resulted in an order affirmed by the appellate court that the buyer pay the sellers’ attorneys’ fees of more than $27,000.

Thank You & Welcome June 2023 A thank you to the outgoing chair and warm welcoming to the incoming chair.

This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney February 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.

Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.

When the Owner of the Servient Estate Just Doesn’t Want to ‘Get It’ By Michael J. Rooney July 2023 A recent Illinois appellate court case restates what is basic to most real estate practitioners: An access easement appurtenant allows the folks owning the dominant estate to use a portion of the premises that are the servient estate to access other property.