Marks v. Vanderventer
Annotate this CasePlaintiffs challenged the constitutionality of a $10 Rental Housing Support Program surcharge collected by the recorder of deeds for the recordation of any real estate-related document in a county, 55 ILCS 5/3-5018. Originally $1 was retained by the county in which it was collected. During the litigation, the section was amended to impose a $9 surcharge to fund the Rental Housing Support Program and a separate $1 recordation fee to be paid to the county. The trial court held both versions of the statute to be unconstitutional. The Illinois Supreme Court reversed. The General Assembly has no evidentiary burden and is not required to produce facts to justify the statute. Plaintiffs failed to establish that the section violated the uniformity clause. The court found a rational basis for the fee: By helping provide affordable housing to low-income families throughout the state, the statute provides needed housing security and financial stability to vulnerable residents and a more stable income stream to landlords. It decreases the number of vacant and abandoned buildings and increases the opportunities for building owners to maintain their property.
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