|
|
|||||||
| |||||||
| |||||||
| 1 | AN ACT in relation to property.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Residential Tenants' Right to Repair Act.
| ||||||
| 6 | Section 5. Repair; deduction from rent. If a repair is | ||||||
| 7 | required under a
residential lease
agreement or required under | ||||||
| 8 | a law, administrative rule, or local ordinance or
regulation,
| ||||||
| 9 | and the reasonable cost of the repair does not exceed the | ||||||
| 10 | lesser of $500 or
one-half of the
monthly rent, the tenant may | ||||||
| 11 | notify the landlord in writing by registered or certified mail | ||||||
| 12 | or other restricted delivery service to the address of the | ||||||
| 13 | landlord or an agent of the landlord as indicated on the lease | ||||||
| 14 | agreement; if an address is not listed, the tenant may send | ||||||
| 15 | notice to the landlord's last known address of the tenant's
| ||||||
| 16 | intention to
have the repair made at the landlord's expense.
If | ||||||
| 17 | the landlord fails to make the repair
within 14 days after | ||||||
| 18 | being notified by the tenant as provided above or more promptly
| ||||||
| 19 | as
conditions require in the case of an emergency, the tenant | ||||||
| 20 | may have the repair
made in
a
workmanlike manner and in | ||||||
| 21 | compliance with the appropriate law, administrative
rule, or
| ||||||
| 22 | local ordinance or regulation. Emergencies include conditions | ||||||
| 23 | that will cause irreparable harm to the apartment or any | ||||||
| 24 | fixture attached to the apartment if not immediately repaired | ||||||
| 25 | or any condition that poses an immediate threat to the health | ||||||
| 26 | or safety of any occupant of the dwelling or any common area. | ||||||
| 27 | After submitting to the landlord a paid bill
from an
| ||||||
| 28 | appropriate tradesman or supplier unrelated to the tenant, the | ||||||
| 29 | tenant may deduct from his or
her rent the
amount of the bill, | ||||||
| 30 | not to exceed the limits specified by this Section and not
to | ||||||
| 31 | exceed the
reasonable price then customarily charged for the | ||||||
| 32 | repair. If not clearly indicated on the bill submitted by the | ||||||
| |||||||
| |||||||
| 1 | tenant, the tenant shall also provide to the landlord in | ||||||
| 2 | writing, at the time of the submission of the bill, the name, | ||||||
| 3 | address, and telephone number for the tradesman or supplier | ||||||
| 4 | that provided the repair services. A tenant may not
repair at | ||||||
| 5 | the
landlord's expense if the condition was caused by the | ||||||
| 6 | deliberate or negligent
act or
omission of the tenant, a member | ||||||
| 7 | of the tenant's family, or another person on
the
premises with | ||||||
| 8 | the tenant's consent.
| ||||||
| 9 | Section 10. Exceptions.
| ||||||
| 10 | (a) This Act does not apply to public housing as defined in | ||||||
| 11 | Section 3(b) of
the
United States Housing Act of 1937, as | ||||||
| 12 | amended from time to time, and any
successor
Act.
| ||||||
| 13 | (b) This Act does not apply to condominiums.
| ||||||
| 14 | (c) This Act does not apply to not-for-profit corporations | ||||||
| 15 | organized for the
purpose of residential cooperative housing.
| ||||||
| 16 | (d) This Act does not apply to tenancies other than | ||||||
| 17 | residential tenancies. | ||||||
| 18 | (e) This Act does not apply to owner-occupied rental | ||||||
| 19 | property containing 6 or fewer dwelling units.
| ||||||
| 20 | (f) This Act does not apply to any dwelling unit that is | ||||||
| 21 | subject to the Mobile Home Landlord and Tenant Rights Act.
| ||||||
| 22 | Section 15. Tenant liabilities and responsibilities. The | ||||||
| 23 | tenant is responsible for ensuring that:
| ||||||
| 24 | (1) the repairs are performed in a workmanlike manner in | ||||||
| 25 | compliance with the appropriate law, administrative rule, or | ||||||
| 26 | local ordinance or regulation;
| ||||||
| 27 | (2) the tradesman or supplier that is hired by the tenant | ||||||
| 28 | to perform the repairs holds the appropriate valid license or | ||||||
| 29 | certificate required by State or municipal law to make the | ||||||
| 30 | repair; and
| ||||||
| 31 | (3) the tradesman or supplier is adequately insured to | ||||||
| 32 | cover any bodily harm or property damage that is caused by the | ||||||
| 33 | negligence or substandard performance of the repairs by the | ||||||
| 34 | tradesman or supplier.
| ||||||
| |||||||
| |||||||
| 1 | The tenant is responsible for any damages to the premises | ||||||
| 2 | caused by a tradesman or supplier hired by the tenant. A tenant | ||||||
| 3 | shall not be entitled to exercise the remedies provided for in | ||||||
| 4 | this Act if the tenant does not comply with the requirements of | ||||||
| 5 | this Section.
| ||||||
| 6 | Section 20. Defense to eviction. A tenant may not assert as | ||||||
| 7 | a defense to an action for rent or eviction that rent was | ||||||
| 8 | withheld under this Act unless the tenant meets all the | ||||||
| 9 | requirements provided for in this Act.
| ||||||
| 10 | Section 25. Mechanics lien laws. For purposes of mechanics | ||||||
| 11 | lien laws,
repairs
performed
or materials furnished pursuant to | ||||||
| 12 | this Act shall not be construed as having
been
performed or | ||||||
| 13 | furnished pursuant to authority of or with permission of the
| ||||||
| 14 | landlord.
| ||||||
| 15 | Section 30. Home rule. A home rule unit may not regulate | ||||||
| 16 | residential lease
agreements in
a manner that diminishes the | ||||||
| 17 | rights of tenants under this Act. This Section is
a limitation
| ||||||
| 18 | under subsection (i) of Section 6 of Article VII of the | ||||||
| 19 | Illinois Constitution
on the
concurrent exercise by home rule | ||||||
| 20 | units of powers and functions exercised by the
State.
| ||||||