103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2562

 

Introduced 2/15/2023, by Rep. Hoan Huynh

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-71 new
765 ILCS 605/18.11 new
765 ILCS 705/20 new

    Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires an common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees, and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions.


LRB103 24796 LNS 51125 b

 

 

A BILL FOR

 

HB2562LRB103 24796 LNS 51125 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act
5is amended by adding Section 1-71 as follows:
 
6    (765 ILCS 160/1-71 new)
7    Sec. 1-71. Temperature threshold requirement.
8    (a) An association shall keep the temperature of all
9common areas between 67 and 73 degrees. If a unit owner does
10not have control of temperature settings in the unit owner's
11living area, the association shall keep the temperature of all
12living areas between 67 and 73 degrees.
13    (b) This Section applies only to property where: (1) 75%
14of the unit owners are 65 years of age or older if the property
15has 25 units or less; or (2) 50% of the unit owners are 65
16years of age or older if the property has 26 units or more.
17    (c) If an association violates this Section, a unit owner
18may bring an action for damages, injunctive relief, or other
19appropriate relief. A court may award a prevailing unit owner
20actual damages and reasonable costs and attorney's fees. A
21court may also issue a civil penalty of $750 for each day the
22association violates this Section.
 

 

 

HB2562- 2 -LRB103 24796 LNS 51125 b

1    Section 10. The Condominium Property Act is amended by
2adding Section 18.11 as follows:
 
3    (765 ILCS 605/18.11 new)
4    Sec. 18.11. Temperature threshold requirement.
5    (a) An association shall keep the temperature of all
6common areas between 67 and 73 degrees. If a unit owner does
7not have control of temperature settings in the unit owner's
8living area, the association shall keep the temperature of all
9living areas between 67 and 73 degrees.
10    (b) This Section applies only to property where: (1) 75%
11of the unit owners are 65 years of age or older if the property
12has 25 units or less; or (2) 50% of the unit owners are 65
13years of age or older if the property has 26 units or more.
14    (c) If an association violates this Section, a unit owner
15may bring an action for damages, injunctive relief, or other
16appropriate relief. A court may award a prevailing unit owner
17actual damages and reasonable costs and attorney's fees. A
18court may also issue a civil penalty of $750 for each day the
19association violates this Section.
 
20    Section 15. The Landlord and Tenant Act is amended by
21adding Section 20 as follows:
 
22    (765 ILCS 705/20 new)
23    Sec. 20. Temperature threshold requirement.

 

 

HB2562- 3 -LRB103 24796 LNS 51125 b

1    (a) A landlord shall keep the temperature of all common
2areas between 67 and 73 degrees. If a tenant does not have
3control of temperature settings in the tenant's living area,
4the landlord shall keep the temperature of all living areas
5between 67 and 73 degrees.
6    (b) This Section applies only to residential premises
7where: (1) 75% of the tenants are 65 years of age or older if
8the residential premises has 25 dwelling units or less; or (2)
950% of the tenants are 65 years of age or older if the
10residential premises has 26 dwelling units or more.
11    (c) If a landlord violates this Section, a tenant may
12bring an action for damages, injunctive relief, or other
13appropriate relief. A court may award a prevailing tenant
14actual damages and reasonable costs and attorney's fees. A
15court may also issue a civil penalty of $750 for each day the
16landlord violates this Section.