Bill Status of SB 2601   103rd General Assembly

Short Description:  LANDLORD/TENANT-FLOOD DISCLOSE

Senate Sponsors
Sen. Mike Porfirio, Mary Edly-Allen and Robert Peters

House Sponsors
(Rep. Abdelnasser Rashid, Elizabeth "Lisa" Hernandez and Edgar Gonzalez, Jr.)


Last Action  View All Actions

DateChamber Action
  8/2/2024SenatePublic Act . . . . . . . . . 103-0754

Statutes Amended In Order of Appearance
765 ILCS 705/25 new

Synopsis As Introduced
Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the bill as introduced with these additions: (1) Provides that the new provisions do not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources. (2) Provides that the new provisions may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit renting, leasing, or subleasing of such units. Makes changes in cross-references.

Actions 
DateChamber Action
  10/18/2023SenateFiled with Secretary by Sen. Mike Porfirio
  10/18/2023SenateFirst Reading
  10/18/2023SenateReferred to Assignments
  1/24/2024SenateAssigned to Judiciary
  3/5/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Porfirio
  3/5/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/6/2024SenatePostponed - Judiciary
  3/12/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/12/2024SenateSenate Committee Amendment No. 1 Adopted
  3/13/2024SenateDo Pass as Amended Judiciary; 007-000-000
  3/13/2024SenatePlaced on Calendar Order of 2nd Reading March 14, 2024
  3/14/2024SenateSecond Reading
  3/14/2024SenatePlaced on Calendar Order of 3rd Reading March 20, 2024
  4/10/2024SenateThird Reading - Passed; 057-000-000
  4/10/2024HouseArrived in House
  4/10/2024SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  4/12/2024HouseChief House Sponsor Rep. Abdelnasser Rashid
  4/12/2024HouseFirst Reading
  4/12/2024HouseReferred to Rules Committee
  4/24/2024HouseAssigned to Housing
  5/1/2024HouseDo Pass / Short Debate Housing; 011-006-000
  5/1/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/6/2024HouseSecond Reading - Short Debate
  5/6/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2024HouseAdded Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  5/14/2024HouseAdded Alternate Co-Sponsor Rep. Edgar Gonzalez, Jr.
  5/14/2024HouseThird Reading - Short Debate - Passed 070-039-000
  5/14/2024SenatePassed Both Houses
  5/14/2024SenateAdded as Co-Sponsor Sen. Robert Peters
  6/12/2024SenateSent to the Governor
  8/2/2024SenateGovernor Approved
  8/2/2024SenateEffective Date January 1, 2025
  8/2/2024SenatePublic Act . . . . . . . . . 103-0754

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