93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4856


 
Introduced 02/04/04, by Charles G. Morrow III
 
SYNOPSIS AS INTRODUCED:
 		













765 ILCS 740/3 new










    Amends the Tenant Utility Payment Disclosure Act.  Requires a landlord to  provide to the prospective tenant a separate statement detailing any utility services to be paid for by the landlord. Provides that failure of the landlord to provide the required statement does not invalidate the lease, but gives rise to a rebuttable presumption of the landlord's bad faith in any action against the landlord based in whole or in part on the landlord's failure to provide utility services.
















LRB093 20933 EFG 46911 b

















 


 


A BILL FOR









 











HB4856

LRB093 20933 EFG 46911 b






1
    AN ACT concerning disclosure of utility services to be 
2
provided by landlords.

 
3
    Be it enacted by the People of the State of Illinois,
 
4
represented in the General Assembly:


 
5
    Section 5. The Tenant Utility Payment Disclosure Act is 
6
amended  by adding Section 3 as follows:
 
7
    (765 ILCS 740/3  new)
8
    Sec. 3. Disclosure of utility services to be provided by 
9
landlord.   Before executing a lease, the landlord shall provide 
10
to the prospective tenant a separate statement detailing any 
11
utility services to be paid for by the landlord.  The statement 
12
shall specifically declare that payment for the indicated 
13
utility services is the obligation of the landlord rather than 
14
the tenant and that the indicated utility services will be 
15
turned on and functioning by the date of occupancy under the 
16
lease.
17
    Failure of the landlord to provide the required statement 
18
does not invalidate the lease, but shall give rise to a 
19
rebuttable presumption of the landlord's bad faith in any 
20
action against the landlord based in whole or in part on the 
21
landlord's failure to provide utility services.