Cal. Civ. Code § 9-119
Emergency subsidized housing eviction proceedings
Operative Text
Emergency subsidized housing eviction proceedings.
(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.Under 735 Ill. Comp. Stat. 5 § 9-119, Illinois law establishes a special expedited eviction process for subsidized housing — including Section 8, public housing authority units, and certain HUD-financed properties — when a tenant repeatedly refuses to allow legally authorized inspections. The process requires the landlord to document two refusals within 30 days, send a formal written warning, and then wait another 30 days before filing; only if the tenant still refuses may the landlord proceed. Once filed, the case moves on an accelerated schedule, with hearings set within 14 days and strict limits on continuances and stays of any resulting eviction order.
Plain English — not legal advice.
Operators of subsidized housing covered by 735 Ill. Comp. Stat. 5 § 9-119 who wish to use this expedited process must carefully follow each sequential step: documenting two inspection refusals within a 30-day window, issuing a compliant written notice, and waiting the full subsequent 30-day cure period before filing. The tenant's written lease must also contain language stating that these events can lead to emergency eviction proceedings, so operators generally review lease terms proactively to ensure that clause is present. Because the statute imposes tight procedural timelines — including a 14-day notice period before the hearing and a 7-day cap on any stay of an eviction order — compliant operators typically maintain thorough, dated records of each refusal and every notice sent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in subsidized housing should be aware that 735 Ill. Comp. Stat. 5 § 9-119 sets out specific conditions a landlord must satisfy before this accelerated eviction process can be used against them, including documented refusals, proper written notice, a 30-day opportunity to cure, and a lease clause authorizing such proceedings. If any of those conditions were not met, a tenant may be able to raise that procedural failure as a defense at the hearing, which is scheduled to occur quickly and generally cannot be postponed more than 7 days without both parties' agreement. Tenants facing proceedings under this section may benefit from contacting a local tenant-rights organization or legal aid office to understand available defenses and the compressed timeline involved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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