Sen. Jacqueline Y. Collins
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 4856
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2 | AMENDMENT NO. ______. Amend House Bill 4856 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rental Property Utility Service Act is | ||||||
5 | amended by changing Section 1 as follows:
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6 | (765 ILCS 735/1) (from Ch. 80, par. 62)
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7 | Sec. 1. Utility payments; termination and restoration of | ||||||
8 | service. Whenever, pursuant to any agreement, either written or | ||||||
9 | verbal, a landlord
or his or her agent is required to pay for | ||||||
10 | any water, gas or electrical
service, the landlord shall pay | ||||||
11 | for the services to ensure that the services are available to | ||||||
12 | the tenant throughout the term of the lease and shall pay for | ||||||
13 | the services in a timely manner so as not to cause an | ||||||
14 | interruption of the services. If
and the landlord or his or her | ||||||
15 | agent does not pay for such
service, the tenant, or tenants in | ||||||
16 | the event more than one tenant is served
by a common system of | ||||||
17 | water, gas or electrical service, including
electrical service | ||||||
18 | to common areas, which goes through a common meter in a
single | ||||||
19 | building, may either (i) terminate the lease; however, the | ||||||
20 | termination of the lease under this Section does not absolve | ||||||
21 | the landlord or tenant from any obligations that have arisen | ||||||
22 | under the lease prior to its termination under this Section; or | ||||||
23 | (ii) pay for such service if the nonpayment jeopardizes the
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24 | continuation of the service to the tenant or tenants, as the |
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1 | case may be.
The utility company shall not terminate service | ||||||
2 | for such nonpayment until
the utility company mails, delivers | ||||||
3 | or posts a notice as specified in
Section 3 to all tenants of | ||||||
4 | buildings with 3 or more residential apartments.
Upon receipt | ||||||
5 | of such payment of the past due cost of such water,
gas or | ||||||
6 | electrical service owed by the landlord, the provider of such
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7 | service shall immediately restore service to such tenant or | ||||||
8 | tenants.
In the alternative, the provider of such service shall | ||||||
9 | immediately restore
and continue such service to any tenant who | ||||||
10 | (a) requests that the utility
put the bill in his or her name; | ||||||
11 | (b) establishes satisfactory credit
references or provides for | ||||||
12 | and pays a security deposit pursuant to the
rules and | ||||||
13 | regulations of the Illinois Commerce Commission applicable to
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14 | applicants for new utility service; and (c) agrees to pay | ||||||
15 | future bills. Any
sums the tenant or tenants, as the case may | ||||||
16 | be, pay for water, gas or
electrical service that the landlord | ||||||
17 | or his or her agent was required to
pay may be deducted from | ||||||
18 | the rent due by the tenant or tenants, and the
total rent is | ||||||
19 | diminished by the amount the tenant or tenants, as the case
may | ||||||
20 | be, have paid for the continuation of the water, gas or | ||||||
21 | electrical service.
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22 | (Source: P.A. 87-177.)".
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