Rep. Charles G. Morrow III
Filed: 3/19/2004
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1 | AMENDMENT TO HOUSE BILL 4856
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2 | AMENDMENT NO. ______. Amend House Bill 4856, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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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 signed and sworn affidavit | ||||||
11 | detailing any utility services to be paid for by the landlord. | ||||||
12 | The affidavit shall specifically declare that payment for the | ||||||
13 | indicated utility services is the obligation of the landlord | ||||||
14 | rather than the tenant and that the indicated utility services | ||||||
15 | will be turned on and functioning by the date of occupancy | ||||||
16 | under the lease. | ||||||
17 | Failure of the landlord to provide the required affidavit | ||||||
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. Provides, | ||||||
22 | however, that nothing in this Section shall be interpreted as | ||||||
23 | authorizing the resale of electric service. ".
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