We believe that a certification and checklist would suffice to meet the safe harbor for entering and securing abandoned residential property. We do not currently offer a checklist or certification form, though the definition of “abandoned residential property” should be helpful in preparing a checklist. 735 ILCS 5/125-1200.5. We would recommend consulting with the property management companies that your organization works with to determine the form and documentation procedures. Your organization may also want to retain additional documentation for certain items on the checklist (such as evidence that utility services have been terminated, a written statement of the mortgagor indicating a clear intent to abandoned the property, an order declaring that the property is unfit for occupancy and requiring that it remain vacant, or a local authority’s declaration that the property poses an imminent danger to public health, safety, and welfare).

Also, note that subsections (d) and (e) in 720 ILCS 5/21-3 already provide safe harbors from criminal liability and from civil actions for money damages when your organization or an agent “beautifies” an unoccupied and abandoned residential property. Beautifying activities include landscaping, cleaning up litter, and repairing or boarding up windows and doors.