Public Act 093-0994
 
HB4856 Enrolled LRB093 20933 EFG 46911 b

    AN ACT concerning disclosure of utility services to be
provided by landlords.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Rental Property Utility Service Act is
amended by changing Section 1 as follows:
 
    (765 ILCS 735/1)  (from Ch. 80, par. 62)
    Sec. 1. Utility payments; termination and restoration of
service. Whenever, pursuant to any agreement, either written or
verbal, a landlord or his or her agent is required to pay for
any water, gas or electrical service, the landlord shall pay
for the services to ensure that the services are available to
the tenant throughout the term of the lease and shall pay for
the services in a timely manner so as not to cause an
interruption of the services. If and the landlord or his or her
agent does not pay for such service, the tenant, or tenants in
the event more than one tenant is served by a common system of
water, gas or electrical service, including electrical service
to common areas, which goes through a common meter in a single
building, may either (i) terminate the lease; however, the
termination of the lease under this Section does not absolve
the landlord or tenant from any obligations that have arisen
under the lease prior to its termination under this Section; or
(ii) pay for such service if the nonpayment jeopardizes the
continuation of the service to the tenant or tenants, as the
case may be. The utility company shall not terminate service
for such nonpayment until the utility company mails, delivers
or posts a notice as specified in Section 3 to all tenants of
buildings with 3 or more residential apartments. Upon receipt
of such payment of the past due cost of such water, gas or
electrical service owed by the landlord, the provider of such
service shall immediately restore service to such tenant or
tenants. In the alternative, the provider of such service shall
immediately restore and continue such service to any tenant who
(a) requests that the utility put the bill in his or her name;
(b) establishes satisfactory credit references or provides for
and pays a security deposit pursuant to the rules and
regulations of the Illinois Commerce Commission applicable to
applicants for new utility service; and (c) agrees to pay
future bills. Any sums the tenant or tenants, as the case may
be, pay for water, gas or electrical service that the landlord
or his or her agent was required to pay may be deducted from
the rent due by the tenant or tenants, and the total rent is
diminished by the amount the tenant or tenants, as the case may
be, have paid for the continuation of the water, gas or
electrical service.
(Source: P.A. 87-177.)