SB2988 93RD GENERAL ASSEMBLY

LRB093 20652 WGH 46501 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2988

Introduced 2/6/2004, by Jacqueline Y. Collins - Miguel del Valle - Don Harmon, Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

New Act

Creates the Residential Tenants' Right to Repair Act. Provides that, if a repair is required under a residential lease agreement or required under a law, rule, or ordinance and the reasonable cost of the repair does not exceed the lesser of $500 or one-half of the monthly rent, the tenant may notify the landlord in writing of the tenant's intention to have the repair made at the landlord's expense. Provides that, if the landlord fails to make the repair within 14 days or more promptly in an emergency the tenant may have the repair made and, after submitting a paid bill to the landlord, deduct from his or her rent the amount of the bill, subject to specified limitations. Sets forth exceptions and provisions concerning mechanics lien laws. Provides that a home rule unit may not regulate residential lease agreements in a manner that diminishes the rights of tenants under the Act.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to property.

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

Section 1. Short title. This Act may be cited as the Residential Tenants' Right to Repair Act.

Section 5. Repair; deduction from rent. If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation, and the reasonable cost of the repair does not exceed the lesser of $500 or one-half of the monthly rent, the tenant may notify the landlord in writing of the tenant's intention to have the repair made at the landlord's expense. If the landlord fails to make the repair within 14 days after being notified by the tenant in writing, or more promptly as conditions require in the case of an emergency, the tenant may have the repair made in a workmanlike manner and in compliance with the appropriate law, administrative rule, or local ordinance or regulation and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier unrelated to the tenant, deduct from his or her rent the amount of the bill, not to exceed the limits specified by this Section and not to exceed the reasonable price then customarily charged for the repair. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or another person on the premises with the tenant's consent.

Section 10. Exceptions.

(a) This Act does not apply to public housing as defined in Section 3(b) of the United States Housing Act of 1937, as amended from time to time, and any successor Act.

(b) This Act does not apply to condominiums.

(c) This Act does not apply to not-for-profit corporations organized for the purpose of residential cooperative housing.

(d) This Act does not apply to tenancies other than residential tenancies.

Section 15. Mechanics lien laws. For purposes of mechanics lien laws, repairs performed or materials furnished pursuant to this Act shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.

Section 20. Home rule. A home rule unit may not regulate residential lease agreements in a manner that diminishes the rights of tenants under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.