102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5390

 

Introduced 1/31/2022, by Rep. Edgar Gonzalez, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Tenant Protection Act. Provides that a landlord may increase the rent no more than once every 12 months, by an amount no greater than the percentage change in the Consumer Price Index for the same 12-month period or 3%, whichever is lower. Creates the Residential Rental Registry and requires a landlord to pay a rental registry fee. Requires a landlord to register all dwelling units with the Illinois Housing Development Authority by January 15th of each year. Creates the Right to Counsel Program and directs the Administrative Office of the Illinois Courts to contract with or enter a memorandum of agreement with an administering entity to administer the Right to Counsel Program. Creates the Small Rental Property Owner Repairs and Improvement Fund and provides that money in the Fund shall be used by the Illinois Housing Development Authority to provide financial support in the form of grants, zero-interest loans, or low-interest loans to owners with no more than 12 dwelling units. Provides that a landlord found liable for charging rent in excess of the Act shall pay the prevailing tenant damages. Creates the Tenant Bill of Rights, with provisions governing exclusions, the identification of an owner and agent, a landlord's right of access, prohibited harassment, required notices, a landlord's responsibility to maintain, a tenant's remedies, security deposits, notification of foreclosure actions, and the prohibition of retaliatory conduct by a landlord. Amends the Illinois Income Tax Act. Provides for a rental property capital improvement credit. Amends the Code of Civil Procedure. Adds provisions governing the refusal to renew and the termination of a tenancy for other good cause. Removes a provision regarding the notice to terminate a tenancy for less than a year. Makes other changes. Makes conforming changes in the State Finance Act and the Condominium Property Act. Repeals the Rent Control Preemption Act. Effective immediately.


LRB102 25999 LNS 35406 b

 

 

A BILL FOR

 

HB5390LRB102 25999 LNS 35406 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Tenant
5Protection Act.
 
6    Section 5. Findings. The General Assembly finds that:
7    (a) There is a significant shortage of safe, affordable,
8and healthy rental housing in the State, especially for
9hundreds of thousands of lower-income renters. One-third of
10residents, or nearly 1.6 million households, depend on rental
11housing.
12    (b) The rate at which rent has increased in the State has
13continued to outpace the increase in residents' real wages,
14resulting in an increasing rent burden borne by households,
15especially vulnerable populations. This growing burden
16threatens the quality and stability of housing available to
17renters.
18    (c) Many households that depend on rental housing are
19low-income and are rent-burdened, meaning that they pay more
20than 30% of the household income on rent. Additionally, some
21of these households are severely cost-burdened, meaning that
22the household must devote more than 50% of the household
23income to paying rent, leaving little for other household

 

 

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1necessities such as health care, education, vocational
2training, transportation, or utilities.
3    (d) An inability to find affordable housing negatively
4impacts tenants' economic stability, health and well-being,
5and capacity to participate in their communities. A lack of
6stable housing may limit a parent's ability to maintain
7employment, a child's capacity to succeed at school, and, for
8lower-income families, the potential to escape the cycle of
9poverty.
10    (e) Tenants' inability to find and retain affordable
11housing results in increased rates of involuntary
12displacement, eviction, and property turnover, creating
13additional burdens for landlords and property owners, social
14service agencies, local governments, and the judicial system,
15as well as renter households.
 
16    Section 10. Purpose. The purpose of this Act is to promote
17the maintenance and expansion of the supply of healthy,
18accessible, safe, and affordable rental housing, and to
19establish the rights and obligations of landlords and tenants
20in the rental of dwelling units in the State. This Act is
21remedial in its general purpose and shall be construed
22liberally to achieve its objectives.
 
23    Section 15. Definitions. As used in this Act:
24    "Administering entity" means the organization contracted

 

 

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1by or party to a memorandum of agreement with the
2Administrative Office of the Illinois Courts to administer the
3Right to Counsel Program in accordance with Section 30.
4    "Area median income" means the median income published
5annually for each metropolitan and nonmetropolitan area by the
6U.S. Department of Housing and Urban Development.
7    "Consideration" includes, but is not limited to, money and
8the fair market value of goods and services rendered for the
9benefit of the landlord under the rental agreement.
10    "Covered individual" means any party to a covered matter
11who is a tenant, lessee, or occupant, for residential
12purposes, of any land or building, any apartment in any
13building, any dwelling unit, any trailer or mobile
14manufactured home, or any land upon which a trailer or mobile
15manufactured home is used or stands.
16    "Covered matter" means any notice to quit or notice to
17terminate tenancy delivered to, or any summary process action
18instituted against, a covered individual under Article IX of
19the Code of Civil Procedure or any administrative proceeding
20against a covered individual necessary to preserve a State or
21federal housing subsidy or to prevent a proposed termination
22of the lease.
23    "Designated organization" means any not-for-profit legal
24services organization that provides legal representation in a
25covered matter to a covered individual.
26    "Dwelling" means any privately owned parcel of real

 

 

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1property in the State that is assessed and taxed as an
2undivided whole with one or more dwelling units rented or
3available for rent for residential use and occupancy on or
4after the effective date of this Act. "Dwelling" includes a
5dwelling unit within a common-interest community, including a
6condominium or cooperative building, that is held out for rent
7and not occupied by the owner of record. "Dwelling" does not
8include a commercial unit in a mixed-use development, hospital
9or skilled nursing facility, transitory dwelling that is not
10ordinarily occupied by the same tenant for more than 31 days,
11convent or monastery, extended care facility, asylum or
12not-for-profit home for the aged, temporary overnight shelter,
13transitional shelter, dormitory owned and operated by an
14elementary school, high school, or institution of higher
15learning, student housing accommodation wherein a housing
16agreement or housing contract is entered into between the
17student and an institution of higher learning or student
18housing wherein the institution exercises control or
19supervision of the student, or student housing owned and
20operated by a tax-exempt organization affiliated with an
21institution of higher learning.
22    "Dwelling unit" refers to any building, structure, or part
23thereof, or land appurtenant thereto, or any other rental
24property rented or offered for rent for residential purposes,
25together with all common areas and recreational facilities
26held out for use by the tenant. For the purposes of Sections 20

 

 

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1and 25, "dwelling unit" does not include a subsidized housing
2unit or unit with rent that is controlled, regulated, or
3subsidized by any governmental unit, agency, or authority.
4    "Landlord" means an owner of record, agent, lessor, or
5sublessor, or the successor in interest of any of them, of a
6dwelling or dwelling unit.
7    "Legal representation" means representation in a covered
8matter provided by a designated organization to a covered
9individual, and all legal advice, advocacy, and assistance
10associated with the representation, subject to and in
11accordance with the Illinois Rules of Professional Conduct.
12    "Median area rent" means the median of rent charged for a
13residential dwelling unit with the same number of bedrooms in
14each county or the other unit of local government as defined by
15the Illinois Housing Development Authority.
16    "Percentage change in the Consumer Price Index" means the
17percentage change from April 1 of the prior year to April 1 of
18the current year in the regional Consumer Price Index for the
19region where the residential real property is located, as
20published by the United States Bureau of Labor Statistics. If
21a regional index is not available, the Consumer Price Index
22for All Urban Consumers, also known as the CPI-U, for the
23Midwest Region for all items, as determined by the Department
24of Industrial Relations, shall apply.
25    "Person with a disability" has the meaning given to that
26term in paragraph (2) of subsection 2FF of the Consumer Fraud

 

 

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1and Deceptive Business Practices Act.
2    "Rent" means the consideration demanded or received in
3connection with the use and occupancy of a dwelling unit.
4"Rent" does not include a security deposit or other fund held
5in trust for the tenant but includes other fees, costs, and
6consideration, regardless of whether they are denominated as
7rent.
8    "Rental agreement" means an agreement, oral, written, or
9implied, between a landlord and tenant for use or occupancy of
10a dwelling unit and associated services.
11    "Rental registry fee" means a fee payable not less than
12annually by landlords to fund operations and activities of the
13rental registry.
14    "Subsidized housing" has the meaning given to that term in
15Section 3 of the Subsidized Housing Joint Occupancy Act.
16    "Tenant" means a person entitled by a rental agreement,
17subtenancy approved by the landlord, or by sufferance, to
18occupy a dwelling unit.
 
19    Section 20. Establishment of annual rent increase limit.
20    (a) This Section is designed to ensure that rent increases
21match general economic trends and a tenant's ability to pay by
22connecting annual rent increases to the annual percentage
23change in the cost of living, as measured by the Consumer Price
24Index. The rent annual limit on rent increases established by
25this Section applies to a rental unit, rather than an

 

 

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1individual tenant household.
2    (b) A landlord may increase the rent no more than once
3every 12 months. A landlord may not increase the rent beyond
4what is permitted by this Section, regardless of whether a
5tenant moves out of, or is otherwise displaced from, the
6dwelling unit, or ownership or management of the dwelling unit
7has changed. If a landlord has not increased the rent within 12
8months before a tenant moves into the dwelling unit, the
9landlord may only increase the rent to the extent allowed by
10this Section.
11    (c) No more than once every 12 months, upon a 90-day
12written notice, a landlord may increase the rent for a
13dwelling unit in which a tenant resides by a rate no greater
14than the percentage change in the Consumer Price Index for the
15same 12-month period or 3%, whichever is lower. The
16permissible percentage change shall be calculated using the
17lowest gross rental rate charged for that dwelling unit at any
18time during the 12 months prior to the effective date of the
19increase.
20    (d) A landlord who has not paid the rental registry fee
21within the past 12 months for a particular dwelling unit may
22not increase the rent charged for the dwelling unit until the
23landlord pays, in full, the rental registry fee currently due
24for the dwelling unit.
25    (e) A landlord who temporarily removes a dwelling unit
26from the rental market and later relists the property for rent

 

 

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1may only increase the rental rate charged for the unit in
2accordance with this Section, regardless of how long the
3dwelling unit is vacant. If the unit is vacant for more than 12
4months, the permissible percentage change shall be calculated
5using the gross rental rate charged when the unit was last
6occupied.
 
7    Section 25. Establishment of Residential Rental Registry.
8    (a) The State hereby establishes the Residential Rental
9Registry and finds and declares that the rental of a dwelling
10unit constitutes a business or activity which impacts the
11public health, safety, and general welfare of the people of
12the State. The intent of this Section is to protect the public
13health, safety, and general welfare of the people of the State
14and to further achieve the beneficial purposes of:
15        (1) protecting the character and stability of
16    residential areas;
17        (2) augmenting the correction and prevention of
18    housing conditions that adversely affect or are likely to
19    adversely affect the health, life, safety, and general
20    welfare, including the physical, mental, and social
21    well-being of a person occupying a dwelling;
22        (3) gathering information to enable the State, tenant,
23    and the public to have a better understanding of and
24    transparency concerning the State's rental housing stock,
25    its ownership, and condition;

 

 

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1        (4) further educating a landlord regarding the
2    landlord's obligations; and
3        (5) creating a fund from which these and other
4    residential rental housing-related purposes may be
5    promoted or accomplished, including the reimbursement of a
6    landlord under subsection (e) of Section 9-207 of the Code
7    of Civil Procedure.
8    (b) No person shall allow to be occupied, or rent to
9another for occupancy, or charge, accept, or retain rent for
10any dwelling unit unless the landlord has duly registered the
11dwelling unit with the Illinois Housing Development Authority.
12Each landlord of one or more dwelling unit, including a
13condominium and cooperative unit, in the State shall register
14each dwelling unit by January 15th of each year with the
15Illinois Housing Development Authority. For a condominium and
16cooperative, the property required to be registered shall be
17the individual dwelling unit being rented or offered for rent,
18and not the entire building or development. Within 15 days
19after a change in ownership of a dwelling unit, the new
20landlord shall notify the Illinois Housing Development
21Authority of the change.
22    (c) The Illinois Housing Development Authority shall
23prepare and make available an Internet registration web form
24for a landlord to complete that collects information the
25Illinois Housing Development Authority deems desirable and
26necessary to fulfill the purposes of this Section. The data

 

 

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1collected pursuant to this Section shall be made publicly
2available in the form of a searchable and exportable database.
3The information collected from a landlord includes, but is not
4limited to:
5        (1) the street address and property index number of
6    the building within which any dwelling unit is located;
7        (2) the number of dwelling units in the building, the
8    number of floors in the building, the floor number and
9    unit number or letter designation for each dwelling unit
10    that is or may be available for rent at any time, and the
11    number of bedrooms in each dwelling unit;
12        (3) the rental rate charged at the time of
13    registration for each dwelling unit;
14        (4) the name, street address, email, and telephone
15    number of the landlord;
16        (5) if the landlord is a corporation, partnership,
17    limited partnership, limited liability company, or other
18    entity, the name, title, street address, telephone number,
19    associated website address, if any, and email of a
20    responsible individual partner, member, or officer, and of
21    any partner, member, or officer holding a 20% or greater
22    interest in the entity. If no one person holds 20% or
23    greater interest in the entity, the foregoing information
24    for each of the 5 persons holding the most interest in the
25    entity shall be disclosed;
26        (6) the name, street address, email, associated

 

 

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1    website address, if any, and telephone number of the
2    property manager, if different from the landlord; and
3        (7) the name, street address, telephone number, and
4    email of the person or entity the tenant is to contact when
5    requesting repairs be made to the tenant's dwelling unit,
6    and the contact person's business relationship to the
7    owner.
8    For purposes of this Section, a post office box or
9commercial mail receiving service shall not be accepted as the
10landlord's or property manager's address. The building and
11dwelling unit being registered shall not be accepted as the
12landlord's address, unless it is the principal place of
13business or residence of the landlord.
14    Failure to provide required information or to pay the
15registration fee shall be grounds for Illinois Housing
16Development Authority to disallow registration.
17    (d) Registration fees and fines collected under this
18Section shall not become part of the general fund, nor shall
19registration fees and fines be used to substitute, replace, or
20diminish funds to other housing or homelessness programs,
21except as provided in this Section.
22        (1) All landlords of residential dwelling units shall
23    pay an annual registration fee in the amount of $100 per
24    dwelling unit, except that:
25            (A) A local housing authority shall be exempt from
26        paying a registration fee for a dwelling unit it owns.

 

 

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1            (B) An owner-occupied building of one to 3 units
2        shall be exempt from paying a registration fee.
3            (C) An owner-occupied building of 4 to 6 dwelling
4        units shall pay $30 per dwelling unit.
5        (2) Registration fees and fines collected under this
6    Section shall be first applied to the direct costs of
7    establishing and administering the registry, then to fund
8    the Small Rental Property Owner Repairs and Improvement
9    Fund, and then to the reimbursement of relocation
10    assistance pursuant to subsection (e) of Section 9-207 of
11    the Code of Civil Procedure.
12    (e) Unless otherwise provided, any person who violates
13this Section, or provides false or misleading information to
14the Illinois Housing Development Authority, or violates any
15rule adopted hereunder, shall be barred and prohibited from
16filing an eviction action or other action under the Code of
17Civil Procedure seeking possession of any dwelling unit within
18the building for which the false or misleading information was
19provided, and shall be fined $100 per dwelling unit. Each day
20that a violation exists shall constitute a separate and
21distinct offense. If the failure of a landlord to register a
22dwelling unit is willful or a landlord knowingly provides
23false information in a registration statement, then the State
24shall, in addition to other remedies, claw back or recover any
25financial benefit given, awarded, or credited to the landlord
26for the 7 years preceding the landlord's act or omission.

 

 

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1Liability for a violation of this Section shall be joint and
2several among owners. The remedies available under this
3Section are cumulative and not exclusive.
4    (f) The Illinois Housing Development Authority shall
5administer this Section and shall adopt rules for the
6effective administration of this Section within 90 days of the
7effective date of this Act. The Illinois Housing Development
8Authority shall consult and cooperate with other pertinent
9State departments and agencies in the implementation,
10administration, and enforcement of the provisions of this
11Section. The Illinois Housing Development Authority shall
12establish and maintain the rental registry on a user-friendly,
13publicly accessible, searchable website, and shall include, in
14addition to the registration forms submitted by an owner,
15records of registration violations. This website shall
16maintain public access to these records for 10 years. The
17Illinois Housing Development Authority shall enforce any
18provision of this Section through an injunction or any other
19suit, action, or proceeding at law or in equity in a court of
20competent jurisdiction.
 
21    Section 30. Right to Counsel Program.
22    (a) There is established the Right to Counsel Program for
23the purpose of providing any covered individual with legal
24representation at no cost in a covered matter, effective one
25year after the effective date of this Act.

 

 

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1    (b) The Administrative Office of the Illinois Courts shall
2contract with or enter a memorandum of agreement with an
3administering entity to administer the Right to Counsel
4Program. The administering entity, within the funding
5available to it for the Right to Counsel Program, shall fund
6the provision of legal representation by designated
7organizations under this Section. A designated organization
8may subcontract with a nonprofit or community organization to
9provide legal representation to a covered individual, and to
10provide tenant outreach and education. A designated
11organization shall, at a minimum:
12        (1) have substantial expertise in housing law and
13    landlord tenant law and substantial experience furnishing
14    free legal assistance to an eligible individual;
15        (2) have a demonstrated history of serving the
16    low-income community;
17        (3) identify the geographic area in which the
18    organization provides legal representation;
19        (4) have a plan to reach and provide legal
20    representation to an income-eligible person with limited
21    English proficiency; and
22        (5) provide appropriate supervision and training.
23    (c) The administering entity may receive funds or services
24from the State or federal government, corporations,
25associations, or individuals to fund:
26        (1) the provision of legal representation to a covered

 

 

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1    individual in a covered matter;
2        (2) the administration of the Right to Counsel Program
3    for the administering entity and designated organization;
4    and
5        (3) tenant outreach and education.
6    (d) The Administrative Office of the Illinois Courts, in
7consultation with the administering entity and designated
8organization, shall approve a one-page, plain language notice
9to inform a tenant of the rights under the Right to Counsel
10Program. Not later than one year after the effective date of
11this Act, the notice shall be made available on the
12Administrative Office of the Illinois Courts' website and
13available to the public. The notice shall include a phone
14number for accessing information and applying for assistance.
15    On and after October 1, 2022, an owner, lessor, landlord,
16legal representative, or agent of an owner, lessor, or
17landlord, a housing authority, or a housing subsidy program
18administrator, as applicable, shall attach a copy of the
19notice described to:
20        (1) a notice to quit delivered to a covered individual
21    pursuant to Article IX of the Code of Civil Procedure;
22        (2) a summons and complaint for an eviction action
23    pursuant to Article IX of the Code of Civil Procedure;
24        (3) a lease termination notice, including for a public
25    or subsidized housing unit; and
26        (4) a notice to terminate a State or federal housing

 

 

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1    subsidy.
2    Any court notice scheduling a mediation or hearing that is
3sent to a self-represented party in a covered matter shall
4include plain language information about the availability of
5legal representation through the Right to Counsel Program and
6a phone number for accessing information and applying for
7assistance.
8    (e) The administering entity, in consultation with the
9designated organization, shall determine how to phase in the
10Right to Counsel Program based on all relevant factors,
11including, but not limited to:
12        (1) the prioritization of certain groups of
13    individuals by income, zip codes, census tracts, or other
14    priority criteria developed in consultation with the
15    designated organization;
16        (2) the availability of program funding;
17        (3) the number of trained legal services attorneys
18    available to provide legal representation; and
19        (4) the scope of the need for legal representation.
20    (f) Nothing in this Section shall be construed to
21establish any right enforceable by a covered individual
22against a designated organization or the administering entity.
23    (g) No later than one year after the effective date of this
24Act, and annually thereafter, the administering entity shall
25submit a report to the joint standing committees of the
26General Assembly having cognizance of matters relating to

 

 

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1housing and the Judicial Department. The report shall include:
2        (1) the number of covered individuals provided legal
3    representation pursuant to this Section;
4        (2) the extent of legal representation provided;
5        (3) any outcomes achieved, such as the rates of tenant
6    representation, tenant retention of housing, or other
7    appropriate outcome measures; and
8        (4) the engagement and education of tenants.
 
9    Section 35. Small Rental Property Owner Repairs and
10Improvement Fund.
11    (a) The Illinois Housing Development Authority shall
12establish a fund supported by the rental registry fee that
13provides financial support in the form of grants,
14zero-interest loans, or low-interest loans, to an owner who
15owns no more than 12 dwelling units, at least one of which is
16occupied by the owner as the owner's principal residence, who
17seek to conduct capital improvements or significant repairs
18that would bring one or more dwelling unit into material
19compliance with habitability and healthy homes standards. To
20be eligible to receive financial support through the Small
21Rental Property Owner Repairs and Improvement Fund, the owner
22shall not charge rent that exceeds the applicable median area
23rent.
24    (b) When considering and prioritizing applications for the
25Small Rental Property Owner Repairs and Improvement Fund, the

 

 

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1Illinois Housing Development Authority may prioritize, among
2other factors, applications from a landlord who:
3        (1) has not increased rent within the past 12 months;
4        (2) has paid the rental registry fee for the current
5    year;
6        (3) has not received funding from the Small Landlord
7    Repairs and Improvement Fund in the 3 years prior to
8    submitting the landlord's application;
9        (4) has maintained a reserve account for maintenance
10    and repairs;
11        (5) lacks insurance coverage for the repairs to be
12    conducted;
13        (6) has encountered unexpected repairs that
14    significantly reduce the habitability, health, or safety
15    of the dwelling; or
16        (7) meets other criteria as the Illinois Housing
17    Development Authority requires.
 
18    Section 40. Private enforcement.
19    (a) A landlord who is found liable in a judicial or
20administrative proceeding, including an eviction action, to a
21tenant of a dwelling unit for charging an amount of rent for
22that dwelling unit in excess of that allowed under this Act
23shall pay the prevailing tenant damages equal to 3 times the
24total monthly rent charged, together with the actual damages,
25the tenant's costs, and reasonable attorney's fees.

 

 

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1    (b) It is an affirmative defense and counterclaim in any
2eviction action that the landlord has charged rent in excess
3of the amount allowed under this Act.
4    (c) No landlord may terminate or threaten to terminate a
5tenancy, refuse to renew a tenancy, increase rent, or decrease
6services for a dwelling unit on the ground that the tenant has
7complained to the landlord, any governmental authority,
8community organization, or media organization of a bona fide
9violation of this Act, or worked collectively to organize a
10tenant association or other group to advocate for the tenant's
11rights under this Act. Any provision in a rental agreement or
12other agreement or understanding purporting to waive the
13protection provided by this subsection is void and
14unenforceable. If a landlord is found to have acted in
15violation of this subsection, the tenant is entitled to
16recover damages in the amount of 3 times the monthly rent
17charged, together with the tenant's actual damages, the
18tenant's costs, and reasonable attorney's fees. In an action
19brought under this subsection, the tenant may also seek to
20recover possession of the dwelling unit or terminate the
21rental agreement.
 
22    Section 45. Tenant Bill of Rights.
23    (a) The rental of the following dwelling units shall not
24be governed by this Act, unless the rental agreement thereof
25is created to avoid the application of this Act:

 

 

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1        (1) a dwelling unit in a hotel, motel, inn, bed-
2    and-breakfast establishment, rooming house, and boarding
3    house, but only until the dwelling unit has been occupied
4    by a tenant for 32 or more continuous days and the tenant
5    pays a monthly rent, exclusive of any period of wrongful
6    occupancy contrary to agreement with an owner. No landlord
7    shall bring an action to recover possession of the unit or
8    avoid renting monthly in order to avoid the application of
9    this Act. Any willful attempt to avoid application of this
10    Act by an owner may be punishable by a criminal or civil
11    action;
12        (2) a housing accommodation in any hospital, convent,
13    monastery, extended care facility, asylum or
14    not-for-profit home for the aged, temporary overnight
15    shelter, transitional shelter, dormitory owned and
16    operated by an elementary school, high school, or
17    institution of higher learning, student housing
18    accommodation wherein a housing agreement or housing
19    contract is entered into between the student and an
20    institution of higher learning or student housing wherein
21    the institution exercises control or supervision of the
22    student, or student housing owned and operated by a
23    tax-exempt organization affiliated with an institution of
24    higher learning;
25        (3) a dwelling unit that is occupied by a purchaser
26    pursuant to a real estate purchase contract prior to the

 

 

HB5390- 21 -LRB102 25999 LNS 35406 b

1    transfer of title to the property to the purchaser, or by a
2    seller of property pursuant to a real estate purchase
3    contract subsequent to the transfer of title from the
4    seller;
5        (4) a dwelling unit occupied by an employee of a
6    landlord whose right to occupancy is conditional upon
7    employment in or about the premises; and
8        (5) a dwelling unit in a cooperative occupied by a
9    holder of a proprietary lease.
10    (b) Identification of owner and agent.
11        (1) A landlord or any person authorized to enter into
12    an oral or written rental agreement on the landlord's
13    behalf shall disclose to the tenant in writing at or
14    before the commencement of the tenancy the name, address,
15    and telephone number of:
16            (A) the owner or person authorized to manage the
17        premises; and
18            (B) a person authorized to act for and on behalf of
19        the owner for the purpose of service of process and for
20        the purpose of receiving and receipting for notices
21        and demands.
22        (2) A person who enters into a rental agreement and
23    fails to comply with the requirements of this Section
24    becomes an agent of the landlord for the purpose of:
25            (A) service of process and receiving and
26        receipting for notices and demands; and

 

 

HB5390- 22 -LRB102 25999 LNS 35406 b

1            (B) performing the obligations of the landlord
2        under this Act and under the rental agreement.
3        (3) The information required under this Section shall
4    be kept current and this Section extends to and is
5    enforceable against any successor landlord, owner, or
6    manager.
7        (4) If the landlord fails to comply with this Section,
8    the tenant may terminate the rental agreement under the
9    notice provisions of paragraph (2) of subsection (e). If
10    the landlord fails to comply with the requirements of this
11    Section after receipt of written notice under paragraph
12    (2) of subsection (e), the tenant shall recover one
13    month's rent or actual damages, whichever is greater.
14    (c) Landlord's right of access.
15        (1) A tenant shall not unreasonably withhold consent
16    to the landlord to enter the dwelling unit:
17            (A) to make a necessary or agreed repair,
18        decoration, alteration, or improvement;
19            (B) to supply a necessary or agreed service;
20            (C) to conduct an inspection authorized or
21        required by any governmental agency;
22            (D) to exhibit the dwelling unit to a prospective
23        or actual purchaser, mortgagee, workman, or
24        contractor;
25            (E) to exhibit the dwelling unit to a prospective
26        tenant 60 days or less prior to the expiration of the

 

 

HB5390- 23 -LRB102 25999 LNS 35406 b

1        existing rental agreement;
2            (F) for practical necessity where repairs or
3        maintenance elsewhere in the building unexpectedly
4        require access;
5            (G) to determine a tenant's compliance with
6        provisions in the rental agreement; and
7            (H) in case of an emergency.
8        (2) A landlord shall not abuse the right of access or
9    use it to harass the tenant.
10        (3) Except in cases where access is authorized by
11    subsection (f) or (h), the landlord shall give the tenant
12    notice of the landlord's intent to enter of no less than 2
13    days.
14            (A) The notice shall be provided directly to each
15        dwelling unit by mail, telephone, written notice to
16        the dwelling unit, or by other reasonable means
17        designed in good faith to provide notice to the
18        tenant.
19            (B) If access is required because of repair work
20        for a common facility or other apartment, a general
21        notice may be given by the landlord to all potentially
22        affected tenants that entry may be required.
23            (C) In a case where access is authorized by
24        subsection (f) or (h), the landlord may enter the
25        dwelling unit without notice or consent of the tenant.
26        The landlord shall give the tenant notice of entry

 

 

HB5390- 24 -LRB102 25999 LNS 35406 b

1        within 2 days after entry.
2            (D) The landlord may enter only at a reasonable
3        time, except in the case of an emergency. Entry
4        between 8:00 a.m. and 8:00 p.m. or at any other time
5        expressly requested by the tenant is presumed
6        reasonable.
7    (d) The landlord shall maintain the premises in compliance
8with all applicable provisions of the relevant law and shall
9promptly make any and all repairs necessary to fulfill this
10obligation.
11    (e) Tenant remedies.
12        (1) For purposes of this subsection, material
13    noncompliance with subsection (d) includes, but is not
14    limited to, the:
15            (A) failure to maintain the structural integrity
16        of the building or structure or parts thereof;
17            (B) failure to maintain floors in compliance with
18        the safe load-bearing requirements;
19            (C) failure to comply with the applicable
20        requirements for the number, width, construction,
21        location, or accessibility of exits;
22            (D) failure to maintain exit, stairway, fire
23        escape, or directional signs where required;
24            (E) failure to provide smoke alarms, smoke
25        detectors, sprinkler systems, standpipe systems, fire
26        alarm systems, automatic fire detectors, or fire

 

 

HB5390- 25 -LRB102 25999 LNS 35406 b

1        extinguishers where required;
2            (F) failure to maintain elevators as required by
3        law;
4            (G) failure to provide or maintain in good working
5        order a flush water closet, lavatory basin, bathtub or
6        shower, or kitchen sink;
7            (H) failure to maintain heating facilities or
8        gas-fired appliances as required by law;
9            (I) failure to provide heat or hot water in such
10        amounts and at such levels and times as required by
11        law;
12            (J) failure to provide hot and cold running water
13        as required by law;
14            (K) failure to provide adequate hall or stairway
15        lighting as required by law;
16            (L) failure to maintain the foundation, exterior
17        walls, or exterior roof in sound condition and repair,
18        substantially watertight, and protected against
19        rodents;
20            (M) failure to maintain floors, interior walls, or
21        ceilings in sound condition and good repair;
22            (N) failure to maintain windows, exterior doors,
23        or basement hatchways in sound condition and repair
24        and substantially tight, and to provide locks or
25        security devices as required by law, including
26        deadlatch locks, deadbolt locks, sash or ventilation

 

 

HB5390- 26 -LRB102 25999 LNS 35406 b

1        locks, and front door windows or peepholes;
2            (O) failure to supply screens where required by
3        law;
4            (P) failure to maintain stairways or porches in
5        safe condition and sound repair;
6            (Q) failure to maintain the basement or cellar in
7        a safe and sanitary condition;
8            (R) failure to maintain facilities, equipment, or
9        chimneys in safe and sound working condition;
10            (S) failure to prevent the accumulation of
11        stagnant water;
12            (T) failure to exterminate insects, rodents, or
13        other pests;
14            (U) failure to supply or maintain facilities for
15        refuse disposal;
16            (V) failure to prevent the accumulation of
17        garbage, trash, refuse, or debris as required by law;
18            (W) failure to provide adequate light or
19        ventilation as required by law;
20            (X) failure to maintain plumbing facilities,
21        piping, fixtures, appurtenances, and appliances in
22        good operating condition and repair;
23            (Y) failure to provide or maintain electrical
24        systems, circuits, receptacles, and devices as
25        required by law;
26            (Z) failure to maintain and repair any equipment

 

 

HB5390- 27 -LRB102 25999 LNS 35406 b

1        which the landlord supplies or is required to supply;
2        or
3            (AA) failure to maintain the dwelling unit and
4        common areas in a fit and habitable condition.
5        (2) If there is material noncompliance by the landlord
6    with a rental agreement or with subsection (d) either of
7    which renders the premises not reasonably fit and
8    habitable, the tenant, under the rental agreement, may
9    deliver a written notice to the landlord specifying the
10    acts or omissions constituting the material noncompliance
11    and specifying that the rental agreement will terminate on
12    a date not less than 14 days after receipt of the notice by
13    the landlord, unless the material noncompliance is
14    remedied by the landlord within the period specified in
15    the notice. If the material noncompliance is not remedied
16    within the period specified in the notice, the rental
17    agreement shall terminate, and the tenant shall deliver
18    possession of the dwelling unit to the landlord within 30
19    days after the expiration of the period specified in the
20    notice. If possession is not delivered, then the tenant's
21    notice shall be deemed withdrawn and the lease shall
22    remain in full force and effect. If the rental agreement
23    is terminated, the landlord shall return all prepaid rent,
24    security deposits, and interest recoverable by the tenant
25    under subsection (f).
26        (3) If the landlord fails to deliver possession of the

 

 

HB5390- 28 -LRB102 25999 LNS 35406 b

1    dwelling unit to the tenant in compliance with the
2    residential rental agreement or subsection (d), rent for
3    the dwelling unit shall abate until possession is
4    delivered, and the tenant may:
5            (A) upon written notice to the landlord, terminate
6        the rental agreement, and upon termination the
7        landlord shall return all prepaid rent and security;
8        or
9            (B) demand performance of the rental agreement by
10        the landlord and, if the tenant elects, maintain an
11        action for possession of the dwelling unit against the
12        landlord or any person wrongfully in possession and
13        recover the damages sustained by the tenant. If a
14        person's failure to deliver possession is willful, an
15        aggrieved person may recover from the person
16        withholding possession an amount not more than 2
17        months' rent or twice the actual damages sustained by
18        the tenant, whichever is greater.
19        (4) If there is material noncompliance by the landlord
20    with the rental agreement or with subsection (d), and the
21    reasonable cost of compliance does not exceed the greater
22    of $500 or one-half of the monthly rent, the tenant may
23    recover damages for the material noncompliance or may
24    notify the landlord in writing of the tenant's intention
25    to correct the condition at the landlord's expense;
26    however, this paragraph is not applicable if the

 

 

HB5390- 29 -LRB102 25999 LNS 35406 b

1    reasonable cost of compliance exceeds one month's rent. If
2    the landlord fails to correct the defect within 14 days
3    after being notified by the tenant in writing or as
4    promptly as conditions require in the case of an
5    emergency, the tenant may have the work done in a
6    workmanlike manner and in compliance with existing law and
7    building regulations and, after submitting to the landlord
8    a paid bill from an appropriate tradesperson or supplier,
9    deduct from the tenant's rent the amount thereof, not to
10    exceed the limits specified by this paragraph and not to
11    exceed the reasonable price then customarily charged for
12    the work. A tenant shall not repair at the landlord's
13    expense if the condition was caused by the deliberate or
14    negligent act or omission of the tenant, a member of the
15    tenant's family, or other person on the premises with the
16    tenant's consent.
17            (A) Before correcting a condition affecting
18        facilities shared by more than one dwelling unit, the
19        tenant shall notify all other affected tenants and
20        shall cause the work to be done so as to create the
21        least practical inconvenience to the other tenants.
22        Nothing herein shall be deemed to grant any tenant any
23        right to repair any common element or dwelling unit in
24        a building subject to a condominium regime other than
25        in accordance with the declaration and bylaws of the
26        condominium building, so long as the declaration and

 

 

HB5390- 30 -LRB102 25999 LNS 35406 b

1        bylaws have not been created to avoid the application
2        of this Act.
3            (B) For purposes of mechanics' lien laws, repairs
4        performed or materials furnished under this paragraph
5        shall not be construed as having been performed or
6        furnished pursuant to the authority of or with
7        permission of the landlord.
8        (5) If there is material noncompliance by the landlord
9    with the rental agreement or with subsection (d), the
10    tenant may notify the landlord in writing of the tenant's
11    intention to withhold from the monthly rent an amount
12    which reasonably reflects the reduced value of the
13    premises due to the material noncompliance. If the
14    landlord fails to correct the condition within 14 days
15    after being notified by the tenant in writing, the tenant
16    may, during the time the failure continues, deduct from
17    the rent the stated amount. A tenant shall not withhold
18    rent under this paragraph if the condition was caused by
19    the deliberate or negligent act or omission of the tenant,
20    a member of the tenant's family, or other person on the
21    premises with the tenant's consent.
22        (6) If there is material noncompliance by the landlord
23    with the rental agreement or with subsection (d), the
24    tenant may obtain injunctive relief or recover damages by
25    claim or defense. This paragraph does not preclude the
26    tenant from obtaining other relief to which the tenant may

 

 

HB5390- 31 -LRB102 25999 LNS 35406 b

1    be entitled under this Act.
2        (7) If there is material noncompliance by the landlord
3    with the rental agreement or with subsection (d), either
4    of which constitutes an immediate danger to the health and
5    safety of the tenant or, if, contrary to the rental
6    agreement or subsection (d), the landlord fails to supply
7    heat, running water, hot water, electricity, gas, or
8    plumbing, the tenant may give written notice to the
9    landlord specifying the material noncompliance or failure.
10    If the landlord has, pursuant to this paragraph or in the
11    rental agreement, informed the tenant of an address at
12    which a notice to the landlord is to be received, the
13    tenant shall mail or deliver the written notice required
14    in this paragraph to that address. If the landlord has not
15    informed the tenant of an address at which a notice to the
16    landlord is to be received, the written notice required in
17    this paragraph shall be delivered by mail to the last
18    known address of the landlord or by other reasonable means
19    designed in good faith to provide written notice to the
20    landlord. After the notice is delivered, the tenant may,
21    during the period of the landlord's noncompliance or
22    failure:
23            (A) procure reasonable amounts of heat, running
24        water, hot water, electricity, gas, or plumbing
25        service, as the case may be and upon presentation to
26        the landlord of paid receipts deduct the cost from the

 

 

HB5390- 32 -LRB102 25999 LNS 35406 b

1        rent;
2            (B) recover damages based on the reduction in the
3        fair rental value of the dwelling unit;
4            (C) procure substitute housing, in which case the
5        tenant is excused from paying rent for the period of
6        the landlord's noncompliance. The tenant may recover
7        the cost of the reasonable value of the substitute
8        housing up to an amount equal to the monthly rent for
9        each month or portion thereof of noncompliance as
10        prorated;
11            (D) withhold from the monthly rent an amount that
12        reasonably reflects the reduced value of the premises
13        due to the material noncompliance or failure if the
14        landlord fails to correct the condition within 24
15        hours after being notified by the tenant; however, no
16        rent shall be withheld if the failure is due to the
17        inability of the utility provider to provide service;
18        or
19            (E) terminate the rental agreement by written
20        notice to the landlord if the material noncompliance
21        or failure persists for more than 72 hours after the
22        tenant has notified the landlord of the material
23        noncompliance or failure; however, no termination
24        shall be allowed if the failure is due to the inability
25        of the utility provider to provide service. If the
26        rental agreement is terminated, the landlord shall

 

 

HB5390- 33 -LRB102 25999 LNS 35406 b

1        return all prepaid rent, security deposits, and
2        interest thereon in accordance with subsection (f),
3        and tenant shall deliver possession of the dwelling
4        unit to the landlord within 30 days after the
5        expiration of the 72-hour period specified in the
6        notice. If possession is not delivered, then the
7        tenant's notice shall be deemed withdrawn and the
8        lease shall remain in full force and effect.
9        If the tenant proceeds under this paragraph, the
10    tenant may not proceed under subsection (4) or (5). The
11    tenant may not exercise the tenant's rights under this
12    paragraph if the condition was caused by the deliberate or
13    negligent act or omission of the tenant, a member of the
14    tenant's family, or other person on the premises with the
15    tenant's consent. Before correcting a condition, the
16    repair of which will affect more than the tenant's own
17    dwelling unit, the tenant shall notify all other tenants
18    affected and shall cause the work to be done so as to
19    result in the least practical inconvenience to other
20    tenants.
21        (8) If the dwelling unit or common area are damaged or
22    destroyed by fire or casualty to an extent that the
23    dwelling unit is in material noncompliance with the rental
24    agreement or with subsection (d), the tenant may:
25            (A) immediately vacate the premises and notify the
26        landlord in writing within 14 days thereafter of the

 

 

HB5390- 34 -LRB102 25999 LNS 35406 b

1        tenant's intention to terminate the rental agreement,
2        in which case the rental agreement terminates as of
3        the date of the fire or casualty;
4            (B) if continued occupancy is lawful, vacate any
5        part of the dwelling unit rendered unusable by the
6        fire or casualty, in which case the tenant's liability
7        for rent is reduced in proportion to the reduction in
8        the fair rental value of the dwelling unit; or
9            (C) if the tenant desires to continue the tenancy,
10        and if the landlord has promised or begun work to
11        repair the damage or destruction but fails to carry
12        out the work to restore the dwelling unit or common
13        area diligently and within a reasonable time, notify
14        the landlord in writing within 14 days after the
15        tenant becomes aware that the work is not being
16        carried out diligently or within a reasonable time of
17        the tenant's intention to terminate the rental
18        agreement, in which case the rental agreement
19        terminates as of the date of the fire or casualty.
20        If the rental agreement is terminated under this
21    paragraph, the landlord shall return all security deposits
22    and prepaid rent in accordance with subsection (f).
23    Accounting for rent in the event of termination or
24    apportionment shall be made as of the date of the fire or
25    casualty. A tenant may not exercise remedies in this
26    paragraph if the fire or casualty damage was caused by the

 

 

HB5390- 35 -LRB102 25999 LNS 35406 b

1    deliberate or negligent act or omission of the tenant, a
2    member of the tenant's family, or a person on the premises
3    with the tenant's consent.
4    (f) Security deposits.
5        (1) A landlord shall hold all security deposits
6    received by the landlord in a federally insured
7    interest-bearing account in a bank, savings and loan
8    association, or other financial institution located in the
9    State. A security deposit and interest due thereon shall
10    continue to be the property of the tenant making the
11    deposit, shall not be commingled with the assets of the
12    landlord, and shall not be subject to the claims of any
13    creditor of the landlord or of the landlord's successors
14    in interest, including a foreclosing mortgagee or trustee
15    in bankruptcy.
16        (2) Notwithstanding paragraph (1), a landlord may
17    accept the payment of the first month's rent and security
18    deposit in one check or one electronic funds transfer, and
19    deposit the check or electronic funds transfer into one
20    account, if within 5 business days of the acceptance of
21    the check or electronic transfer, the landlord transfers
22    the amount of the security deposit into a separate account
23    that complies with paragraph (1).
24        (3) The name and address of the financial institution
25    where the security deposit will be deposited shall be
26    clearly and conspicuously disclosed in the written rental

 

 

HB5390- 36 -LRB102 25999 LNS 35406 b

1    agreement signed by the tenant. If no written rental
2    agreement is provided, the landlord shall, within 14 days
3    of receipt of the security deposit, notify the tenant in
4    writing of the name and address of the financial
5    institution where the security deposit was deposited.
6        (4) If, during the pendency of the rental agreement, a
7    security deposit is transferred from one financial
8    institution to another, the landlord shall, within 14 days
9    of the transfer, notify the tenant in writing of the name
10    and address of the new financial institution.
11        (5) Notwithstanding paragraph (1) of subsection (a), a
12    landlord shall not be considered to be commingling the
13    security deposits with the landlord's assets if there is
14    excess interest in the account in which the security
15    deposits are deposited. As used in this paragraph, "excess
16    interest" means the amount of money in excess of the total
17    amount of security deposits deposited into the account
18    plus any interest due thereon.
19        (6) Except as provided for in paragraph (7), any
20    landlord who receives a security deposit from a tenant or
21    prospective tenant shall give the tenant or prospective
22    tenant at the time of receiving the security deposit a
23    receipt indicating the amount of the security deposit, the
24    name of the person receiving it, and, in the case of the
25    agent, the name of the landlord for whom the security
26    deposit is received, the date on which it is received, and

 

 

HB5390- 37 -LRB102 25999 LNS 35406 b

1    a description of the dwelling unit. The receipt shall be
2    signed by the person receiving the security deposit.
3    Failure to comply with this paragraph shall entitle the
4    tenant to immediate return of the security deposit.
5        (7) Upon payment of the security deposit by means of
6    an electronic funds transfer, the landlord shall give the
7    tenant a receipt that complies with paragraph (6) or an
8    electronic receipt that acknowledges the receipt of the
9    security deposit. The electronic receipt shall set forth
10    the date of the receipt of the security deposit, the
11    amount of the deposit, a description of the dwelling unit,
12    and an electronic or digital signature of the person
13    receiving the deposit.
14        (8) A landlord who holds a security deposit or prepaid
15    rent pursuant to this subsection for more than 6 months
16    shall pay interest to the tenant accruing from the
17    beginning date of the rental term specified in the rental
18    agreement. The landlord shall, within 30 days after the
19    end of each 12-month rental period, pay to the tenant any
20    interest, by cash or credit, to be applied to the rent due.
21        (9) The landlord shall, within 45 days after the date
22    that the tenant vacates the dwelling unit or within 7 days
23    after the date that the tenant provides notice of
24    termination of the rental agreement pursuant to paragraph
25    (5) of subsection (e), return to the tenant the security
26    deposit or any balance thereof and the required interest

 

 

HB5390- 38 -LRB102 25999 LNS 35406 b

1    thereon; however, the landlord, or successor landlord, may
2    deduct from the security deposit or interest due thereon
3    for:
4            (A) any unpaid rent which has not been validly
5        withheld or deducted pursuant to State or federal law
6        or local ordinance; and
7            (B) a reasonable amount necessary to repair any
8        damage caused to the premises by the tenant or any
9        person under the tenant's control or on the premises
10        with the tenant's consent, reasonable wear and tear
11        excluded. In case of such damage, the landlord shall
12        deliver or mail to the last known address of the tenant
13        within 30 days an itemized statement of the damages
14        allegedly caused to the premises and the estimated or
15        actual cost for repairing or replacing each item on
16        that statement, attaching copies of the paid receipts
17        for the repair or replacement. If an estimated cost is
18        given, the landlord shall furnish the tenant with
19        copies of paid receipts or a certification of actual
20        costs of repairs of damage if the work was performed by
21        the landlord's employees within 30 days from the date
22        the statement showing estimated cost was furnished to
23        the tenant.
24        (10) If there is a sale, lease, transfer of ownership
25    or control, or other direct or indirect disposition of
26    residential real property by a landlord who has received a

 

 

HB5390- 39 -LRB102 25999 LNS 35406 b

1    security deposit or prepaid rent from a tenant, the
2    successor landlord of the property shall be liable to that
3    tenant for any security deposit, including statutory
4    interest, or prepaid rent which the tenant has paid to the
5    transferor.
6        (11) The successor landlord shall, within 14 days from
7    the date of the transfer, notify the tenant who made the
8    security deposit by delivering or mailing to the tenant's
9    last known address that the security deposit was
10    transferred to the successor landlord and that the
11    successor landlord is holding the security deposit. The
12    notice shall contain the successor landlord's name,
13    business address, and business telephone number of the
14    successor landlord's agent, if any. The notice shall be in
15    writing.
16        (12) The transferor shall remain jointly and severally
17    liable with the successor landlord to the tenant for the
18    security deposit or prepaid rent, unless and until the
19    transferor transfers the security deposit or prepaid rent
20    to the successor landlord and provides notice, in writing,
21    to the tenant of the transfer of the security deposit or
22    prepaid rent, specifying the name, business address and
23    business telephone number of the successor landlord or the
24    successor landlord's agent within 10 days of the transfer.
25        (13) Subject to paragraphs (14) and (15), if the
26    landlord fails to comply with any provision of paragraphs

 

 

HB5390- 40 -LRB102 25999 LNS 35406 b

1    (1) through (12), the tenant shall be awarded damages in
2    an amount equal to 2 times the security deposit plus
3    interest. This paragraph does not preclude the tenant from
4    recovering other damages to which the tenant may be
5    entitled to under this Act.
6        (14) If a landlord pays the interest on a security
7    deposit or prepaid rent within the 30-day period provided
8    for in paragraph (8), or within the 45-day period provided
9    for in paragraph (9), whichever is applicable, but the
10    amount of interest is deficient, the landlord shall not be
11    liable for damages under paragraph (13) unless:
12            (A) the tenant gives written notice to the
13        landlord that the amount of the interest returned was
14        deficient; and
15            (B) within 14 days of the receipt of the notice,
16        the landlord fails to either:
17                (i) pay to the tenant the correct amount of
18            interest due plus $50; or
19                (ii) provide to the tenant a written response
20            which sets forth an explanation of how the
21            interest paid was calculated.
22        (15) If the tenant disagrees with the calculation of
23    the interest, as set forth in the written response, the
24    tenant may bring a cause of action in a court of competent
25    jurisdiction challenging the correctness of the written
26    response. If the court determines that the interest

 

 

HB5390- 41 -LRB102 25999 LNS 35406 b

1    calculation was not accurate, the tenant shall be awarded
2    damages in an amount equal to 2 times the security deposit
3    plus interest.
4    (g) Tenants' notification of foreclosure action.
5        (1) Within 7 days of being served a foreclosure
6    complaint, as defined in Section 15-1504 of the Code of
7    Civil Procedure, an owner or landlord of premises that are
8    the subject of the foreclosure complaint shall disclose,
9    in writing, to all tenants of the premises that a
10    foreclosure action has been filed against the owner or
11    landlord. An owner or landlord shall also disclose, in
12    writing, the notice of foreclosure to any other third
13    party who has a consistent pattern and practice of paying
14    rent to the owner or landlord on behalf of a tenant.
15        (2) Before a tenant initially enters into a rental
16    agreement for a dwelling unit, the owner or landlord shall
17    disclose, in writing, that the owner or landlord is named
18    in a foreclosure complaint. The written disclosure shall
19    include the court in which the foreclosure action is
20    pending, the case name, and case number and shall include
21    the following language: "This is not a notice to vacate
22    the premises. This notice does not mean ownership of the
23    building has changed. All tenants are still responsible
24    for the payment of rent and other obligations under the
25    rental agreement. The owner or landlord is still
26    responsible for the owner's or landlord's obligations

 

 

HB5390- 42 -LRB102 25999 LNS 35406 b

1    under the rental agreement. You shall receive additional
2    notice if there is a change in owner."
3        (3) If the owner or landlord fails to comply with this
4    subsection, the tenant may terminate the rental agreement
5    by written notice. The written notice shall specify the
6    date of termination no later than 30 days from the date of
7    the written notice. In addition, if a tenant in a civil
8    legal proceeding against an owner or landlord establishes
9    that a violation of this subsection has occurred, the
10    tenant shall be entitled to recover $200 in damages, in
11    addition to any other damages or remedies to which the
12    tenant may also be entitled.
13    (h) It is declared to be against public policy of the State
14for a landlord to take retaliatory action against a tenant,
15except for violation of a rental agreement or violation of a
16law or ordinance. A landlord may not knowingly terminate a
17tenancy, increase rent, decrease services, bring or threaten
18to bring a lawsuit against a tenant for possession, or refuse
19to renew a lease or tenancy because the tenant has, in good
20faith:
21        (1) complained of a violation applicable to the
22    premises to a competent governmental agency, elected
23    representative, or public official charged with the
24    responsibility for enforcement of a building, housing,
25    health, or similar requirement;
26        (2) complained of a building, housing, health, or

 

 

HB5390- 43 -LRB102 25999 LNS 35406 b

1    similar violation or an illegal landlord practice to a
2    community organization or the news media;
3        (3) sought the assistance of a community organization
4    or the news media to remedy a violation or illegal
5    landlord practice;
6        (4) requested the landlord to make repairs to the
7    premises as required by a building code, health ordinance,
8    other regulation, or the residential rental agreement;
9        (5) becomes a member of a tenant's union or similar
10    organization;
11        (6) testified in any court or administrative
12    proceeding concerning the condition of the premises; or
13        (7) exercised any right or remedy provided by law.
14    If the landlord acts in violation of this subsection, the
15tenant has a defense in any retaliatory action against the
16landlord for possession and is entitled to recover possession
17or terminate the rental agreement and, in either case, recover
18an amount equal to and not more than 2 months' rent or twice
19the damages sustained by the tenant, whichever is greater, and
20reasonable attorney's fees. If the rental agreement is
21terminated, the landlord shall return all security deposits
22and interest recoverable under subsection (f) and all prepaid
23rent. In an action by or against the tenant, if there is
24evidence of tenant conduct protected herein within one year
25prior to the alleged act of retaliation, that evidence shall
26create a rebuttable presumption that the landlord's conduct

 

 

HB5390- 44 -LRB102 25999 LNS 35406 b

1was retaliatory. The presumption shall not arise if the
2protected tenant activity was initiated after the alleged act
3of retaliation.
 
4    Section 50. Prohibition of waiver. The provisions of this
5Act may not be waived, and any term of any rental agreement,
6contract, or other agreement that purports to waive or limit a
7tenant's substantive or procedural rights under this Act is
8contrary to public policy, void, and unenforceable.
 
9    Section 55. Cumulative rights, obligations, and remedies.
10The rights, obligations, and remedies set forth in this Act
11shall be cumulative and in addition to any others available at
12law or in equity.
 
13    Section 60. The State Finance Act is amended by adding
14Section 5.970 as follows:
 
15    (30 ILCS 105/5.970 new)
16    Sec. 5.970. The Small Landlord Repairs and Improvement
17Fund.
 
18    Section 65. The Illinois Income Tax Act is amended by
19adding Section 232 as follows:
 
20    (35 ILCS 5/232 new)

 

 

HB5390- 45 -LRB102 25999 LNS 35406 b

1    Sec. 232. Rental property capital improvement credit.
2    (a) For taxable years beginning after this amendatory Act
3of the 102nd General Assembly, there shall be allowed a tax
4credit against the tax imposed by subsections (a) and (b) of
5Section 201 equal to 3% of the real property taxes paid by a
6qualified taxpayer for each dwelling that the qualified
7taxpayer owns and that contains at least one dwelling unit for
8which a rental registration fee was paid. To be qualified to
9claim this credit, the taxpayer shall own no more than 12
10dwelling units, occupy a dwelling unit as the taxpayer's
11principal residence, and not charge rent that exceeds the
12applicable median area rent.
13    (b) For taxable years beginning after this amendatory Act
14of the 102nd General Assembly, there shall be allowed a tax
15credit against the tax imposed by subsections (a) and (b) of
16Section 201 in an amount equal to the amount of capital
17improvements to a dwelling that a taxpayer owns and that
18contains at least one dwelling unit for which a rental
19registry fee was paid. The credit allowed under this
20subsection in no case may exceed 25% of the real property taxes
21paid by the taxpayer for the dwelling for which improvements
22are claimed.
23    (c) A taxpayer may apply for a tax credit under subsection
24(a) or (b), or both.
25    (d) To obtain a tax credit or tax credits pursuant to this
26Section, the taxpayer shall apply with the Department of

 

 

HB5390- 46 -LRB102 25999 LNS 35406 b

1Commerce and Economic Opportunity. The Department of Commerce
2and Economic Opportunity shall determine the amount of
3eligible amounts under subsection (a) or capital improvements
4under subsection (b). Upon approval of a tax credit, the
5Department of Commerce and Economic Opportunity shall issue a
6certificate in the amount of the eligible credits. The
7taxpayer shall attach the certificate to the tax return on
8which the credits are to be claimed. The Department of
9Commerce and Economic Opportunity may adopt rules to implement
10this Section.
11    (e) The tax credit under subsection (a) or (b), or both,
12may not reduce the taxpayer's liability to less than zero.
13    (f) As used in this Section:
14    "Capital improvements" are capital improvements allowed
15under Section 263 of the Internal Revenue Code, as codified at
16Title 26 of the U.S. Code.
17    "Dwelling" has the meaning given to it in the Tenant
18Protection Act.
19    "Dwelling unit" has the meaning given to it in the Tenant
20Protection Act.
21    "Median area rent" has the meaning given to it in the
22Tenant Protection Act.
23    "Rental registry fee" has the meaning given to it in the
24Tenant Protection Act.
 
25    Section 70. The Code of Civil Procedure is amended by

 

 

HB5390- 47 -LRB102 25999 LNS 35406 b

1changing Sections 9-207, 9-209, 9-210, and 9-211 and by adding
2Section 9-205.5 as follows:
 
3    (735 ILCS 5/9-205.5 new)
4    Sec. 9-205.5. Refusal to renew. In all tenancies or leases
5for a term of one year or more, after the lease expires, where
6the lessee refuses to renew or extend the rental agreement
7within 14 days after receiving written notice requesting that
8the lessee renew the tenancy on substantially similar terms as
9existed under the prior lease, the lessee's tenancy shall
10terminate not fewer than 30 days after the 14-day decision
11period expires.
12    To provide the lessor the right to terminate the tenancy
13under this Section, the written notice shall include
14substantially the following language: "You must notify your
15landlord of your decision to continue or renew your tenancy
16within 14 days of the date of this notice. If you do not
17continue or renew your lease, then your tenancy at the
18premises now occupied by you, being, etc. (here describe the
19premises), shall terminate 30 days after this date (dated at
20least 14 days after the date of the notice). If you choose not
21to renew or continue your lease, nothing in this notice shall
22affect your obligation to pay rent through (here insert date
23on which the tenancy shall be terminated if the lessee does not
24elect to renew or continue the lease)."
 

 

 

HB5390- 48 -LRB102 25999 LNS 35406 b

1    (735 ILCS 5/9-207)  (from Ch. 110, par. 9-207)
2    Sec. 9-207. Termination of a tenancy for other good cause.
3Notice to terminate tenancy for less than a year.
4    (a) The lessor may seek, in good faith, to recover
5possession of the premises so that the lessor or the lessor's
6spouse, domestic partner, child, parent, grandparent, sibling,
7or grandchild may occupy the premises as that person's
8principal residence for a period of no fewer than 24
9continuous months. The lessor or qualified relative shall move
10into the premises within 3 months after the original lessee
11vacates the unit. The lessor shall provide the lessee with
12written notice of no fewer than 120 days before the lessor
13intends to occupy the premises before the lessor may terminate
14the lease. The notice shall be dated and shall identify the
15date, at least 120 days after the notice is served, on which
16the lessee's tenancy is terminated. The notice shall state
17that the lessee is entitled to relocation assistance in the
18amount of $3,000 or 3 months' rent, whichever is greater,
19payable within 14 days before the termination of the lessee's
20tenancy.
21        (1) If the lessor recovers possession under this
22    subsection, and continuous occupancy by the lessor or the
23    lessor's qualified relative is for fewer than 24 months,
24    the lessor shall be presumed to be in violation of this
25    subsection and liable to the original lessee for twice the
26    relocation assistance due to the tenant prior to the

 

 

HB5390- 49 -LRB102 25999 LNS 35406 b

1    tenant's move from the premises.
2        (2) If the lessor recovers possession under this
3    subsection, but the lessor or the lessor's qualified
4    relative fails to occupy the premises within 3 months of
5    the expiration of the notice period, the lessor shall be
6    presumed to be in violation of this subsection and liable
7    to the original lessee for twice the relocation assistance
8    due to the tenant prior to the tenant's move from the
9    premises.
10        (3) The lessor may not recover possession of the
11    premises under this subsection if the lessee notified the
12    lessor, prior to the lessor's recovery of the premises,
13    that the lessee:
14            (A) has a disability, as that term is defined
15        under the Americans with Disabilities Act (Section
16        12102(1) of Title 42 of the U.S. Code); or
17            (B) is suffering from a life-threatening illness
18        as certified by the lessee's treating physician.
19        (4) If a substantially equivalent replacement dwelling
20    unit is vacant and available, that unit may be made
21    available to the original lessee at a substantially
22    similar rental rate as the lessee's current lease. The
23    lessee may reject this substitute unit without prejudice
24    to the lessee's rights to notice and relocation assistance
25    under this subsection. Except as provided in Section
26    9-207.5 of this Code, in all cases of tenancy from week to

 

 

HB5390- 50 -LRB102 25999 LNS 35406 b

1    week, where the tenant holds over without special
2    agreement, the landlord may terminate the tenancy by 7
3    days' notice, in writing, and may maintain an action for
4    eviction or ejectment.
5    (b) If the lessor, in good faith, seeks to recover
6possession of the premises:
7        (1) in order to comply with a court's or government
8    agency's order to vacate, order to comply, order to abate,
9    or any other order that necessitates the vacating of the
10    dwelling unit as a result of a violation of the housing or
11    building code or other provision of law. The landlord
12    shall promptly provide the tenant with a notice of vacate
13    within the time mandated by the court or government
14    agency, and include a copy of the order; or
15        (2) if the lessor offers the lessee a substantially
16    equivalent replacement unit that is vacant and available
17    and offered at a substantially similar rental rate as the
18    original premises, the lessee may reject the lessor's
19    offer of the replacement unit without prejudicing the
20    lessee's right to relocation assistance. The notice shall
21    state that the lessee is entitled to relocation assistance
22    in the amount of $3,000 or 3 months' rent, whichever is
23    greater, payable within 14 days before the termination of
24    the lessee's tenancy. If the lessee prevails on a claim
25    that the lessor did not act in good faith in seeking to
26    recover possession under this subsection, the lessor shall

 

 

HB5390- 51 -LRB102 25999 LNS 35406 b

1    be liable for twice the relocation assistance that would
2    be due to the lessee had the lessor acted in compliance
3    with the requirements of this subsection, together with
4    the lessee's reasonable attorney's fees and costs. Except
5    as provided in Section 9-207.5 of this Code, in all cases
6    of tenancy for any term less than one year, other than
7    tenancy from week to week, where the tenant holds over
8    without special agreement, the landlord may terminate the
9    tenancy by 30 days' notice, in writing, and may maintain
10    an action for eviction or ejectment.
11    (c) If the lessor, in good faith, intends to recover
12possession of the premises to demolish or permanently remove
13the premises from residential use, the lessor shall provide
14the lessee with no less than 90 days written notice of the
15intent before the lessor may terminate the lease. The notice
16shall be dated and shall identify the date, at least 120 days
17after the notice is served, on which the lessee's tenancy is
18terminated. The notice shall state that the lessee is entitled
19to relocation assistance in the amount of $3,000 or 3 months'
20rent, whichever is greater, payable within 14 days before the
21termination of the lessee's tenancy. If the lessee prevails on
22a claim that the lessor did not act in good faith in seeking to
23recover possession under this subsection, the lessor shall be
24liable for twice the relocation assistance that would be due
25to the lessee had the lessor acted in compliance with the
26requirements of this subsection, together with the lessee's

 

 

HB5390- 52 -LRB102 25999 LNS 35406 b

1reasonable attorney's fees and costs.
2    (d) If relocation assistance due under this Section is not
3paid within 14 days prior to the date set for termination of
4the lessee's tenancy, the lessor shall pay to the lessee twice
5the amount of relocation assistance originally due to the
6lessee. If the lessee prevails on a claim that the lessor
7failed to pay relocation assistance required by this Section,
8the lessee shall be entitled to recover the lessee's
9reasonable attorney's fees and costs. Failure to pay the
10relocation assistance is an affirmative defense and
11counterclaim to any action initiated under this Act.
12    (e) A landlord of an owner-occupied building of 6 units or
13fewer who pays a relocation assistance fee pursuant to
14subsection (a),(b), or (c) may apply to the Illinois Housing
15Development Authority for reimbursement of up to one-half of
16the amount paid to the tenant upon proper documentation of
17payment as determined by the Illinois Housing Development
18Authority.
19(Source: P.A. 100-173, eff. 1-1-18.)
 
20    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)
21    Sec. 9-209. Demand for rent - eviction action. A landlord
22or his or her agent may, any time after rent is due, demand
23payment thereof and notify the tenant, in writing, that unless
24payment is made within a time mentioned in such notice, not
25less than 5 days after service thereof, the lease will be

 

 

HB5390- 53 -LRB102 25999 LNS 35406 b

1terminated. If the tenant does not pay the rent due within the
2time stated in the notice under this Section, the landlord may
3consider the lease ended and commence an eviction or ejectment
4action without further notice or demand. A claim for rent may
5be joined in the complaint, including a request for the pro
6rata amount of rent due for any period that a judgment is
7stayed, and a judgment obtained for the amount of rent found
8due, in any action or proceeding brought, in an eviction
9action under this Section.
10    Notice made pursuant to this Section shall, as hereinafter
11stated, not be invalidated by payments of past due rent
12demanded in the notice, when the payments do not, at the end of
13the notice period, total the amount demanded in the notice.
14The landlord may, however, agree in writing to continue the
15lease in exchange for receiving partial payment. To prevent
16invalidation, the notice must prominently state:
17    "Only FULL PAYMENT of the rent demanded in this notice
18will waive the landlord's right to terminate the lease under
19this notice, unless the landlord agrees in writing to continue
20the lease in exchange for receiving partial payment."
21    Tender Collection by the landlord of past rent due after
22the filing of a suit for eviction or ejectment pursuant to
23failure of the tenant to pay the rent demanded in the notice
24shall not invalidate the suit, if the rent then due is tendered
25prior to trial being held in the suit for eviction or
26ejectment.

 

 

HB5390- 54 -LRB102 25999 LNS 35406 b

1(Source: P.A. 100-173, eff. 1-1-18.)
 
2    (735 ILCS 5/9-210)  (from Ch. 110, par. 9-210)
3    Sec. 9-210. Notice to quit. When default is made in any of
4the material terms of a lease that results in a significant
5disturbance of the peaceful enjoyment of the property;
6significant damage to the property caused willfully or
7negligently, use of any part of the property for criminal
8activity that significantly threatens health, safety, or
9peaceful enjoyment of the property, or has a significant
10adverse effect on the management of the property, or wrongful
11denial of access to the premises on 3 or more occasions in a
1212-month period to a person duly authorized by the lessor to
13enter the premises, if the legal requirements for the entries
14were observed, it is not necessary to give more than 10 days'
15notice to quit, or of the termination of such tenancy, and the
16same may be terminated on giving such notice to quit at any
17time after such default in any of the material terms of such
18lease, if the notice instructs how the alleged default may be
19cured before the end of the notice period and allows the lessee
20to meet to discuss the alleged default with the lessor or the
21lessor's agent that affords the lessee with a meaningful
22opportunity to remedy the alleged default. Such notice may be
23substantially in the following form:
24    "To A.B.: You are hereby notified that in consequence of
25your default in (here insert the character of the default) of

 

 

HB5390- 55 -LRB102 25999 LNS 35406 b

1the premises now occupied by you, being, etc., (here describe
2the premises) I have elected to terminate your lease, and you
3are hereby notified to quit and deliver up possession of the
4same to me within 10 days of this date (dated, etc.). You may
5request to meet with (here identify the lessor's agent) within
610 days of (dated, etc.) to discuss this notice and how an
7eviction action can be avoided. IF YOU DO NOT VACATE OR CURE
8THIS DEFAULT WITHIN 10 DAYS BY (here explain how the alleged
9default may be cured within the notice period), THEN AN
10EVICTION ACTION MAY BE FILED AGAINST YOU."
11    The notice is to be signed by the lessor or his or her
12agent, and no other notice or demand of possession or
13termination of such tenancy is necessary, if the lessee has
14not timely cured the alleged default.
15(Source: P.A. 82-280.)
 
16    (735 ILCS 5/9-211)  (from Ch. 110, par. 9-211)
17    Sec. 9-211. Service of demand or notice. Any demand may be
18made or notice served by delivering a written or printed, or
19partly written and printed, copy thereof to the tenant, or by
20leaving the same with some person of the age of 13 years or
21upwards, residing on or in possession of the premises; or by
22sending a copy of the notice to the tenant by certified or
23registered mail, with a returned receipt from the addressee;
24and in case no one is in the actual possession of the premises,
25then by posting the same on the premises.

 

 

HB5390- 56 -LRB102 25999 LNS 35406 b

1    Any demand or notice served shall be accessible to the
2tenant, including by being presented in the language the
3lessor knows or should know is the lessee's primary language,
4containing an explicit statement of the basis for the notice
5or demand with sufficient specificity to allow the lessee to
6prepare a defense, and bearing the following statement: "You
7may wish to contact a lawyer or local legal aid or housing
8counseling agency to discuss any rights that you may have."
9(Source: P.A. 83-355.)
 
10    Section 75. The Condominium Property Act is amended by
11changing Section 30 as follows:
 
12    (765 ILCS 605/30)  (from Ch. 30, par. 330)
13    Sec. 30. Conversion condominiums; notice; recording.
14    (a)(1) No real estate may be submitted to the provisions
15of the Act as a conversion condominium unless (i) a notice of
16intent to submit the real estate to this Act (notice of intent)
17has been given to all persons who were tenants of the building
18located on the real estate on the date the notice is given.
19Such notice shall be given at least 30 days, and not more than
20one year prior to the recording of the declaration which
21submits the real estate to this Act; and (ii) the developer
22executes and acknowledges a certificate which shall be
23attached to and made a part of the declaration and which
24provides that the developer, prior to the execution by him or

 

 

HB5390- 57 -LRB102 25999 LNS 35406 b

1his agent of any agreement for the sale of a unit, has given a
2copy of the notice of intent to all persons who were tenants of
3the building located on the real estate on the date the notice
4of intent was given.
5        (2) If the owner fails to provide a tenant with notice
6    of the intent to convert as defined in this Section, the
7    tenant permanently vacates the premises as a direct result
8    of non-renewal of his or her lease by the owner, and the
9    tenant's unit is converted to a condominium by the filing
10    of a declaration submitting a property to this Act without
11    having provided the required notice, then the owner is
12    liable to the tenant for the following:
13            (A) the tenant's actual moving expenses incurred
14        when moving from the subject property, not to exceed
15        $1,500;
16            (B) 3 months' rent at the subject property; and
17            (C) reasonable attorney's fees and court costs.
18    (b) Any developer of a conversion condominium must, upon
19issuing the notice of intent, publish and deliver along with
20such notice of intent, a schedule of selling prices for all
21units subject to the condominium instruments and offer to sell
22such unit to the current tenants, except for units to be
23vacated for rehabilitation subsequent to such notice of
24intent. Such offer shall not expire earlier than 30 days after
25receipt of the offer by the current tenant, unless the tenant
26notifies the developer in writing of his election not to

 

 

HB5390- 58 -LRB102 25999 LNS 35406 b

1purchase the condominium unit.
2    (c) Any tenant who was a tenant as of the date of the
3notice of intent and whose tenancy expires (other than for
4cause) prior to the expiration of 120 days from the date on
5which a copy of the notice of intent was given to the tenant
6shall have the right to extend his tenancy on the same terms
7and conditions and for the same rental until the expiration of
8such 120-day period by the giving of written notice thereof to
9the developer within 30 days of the date upon which a copy of
10the notice of intent was given to the tenant by the developer.
11    (d) Each lessee in a conversion condominium shall be
12informed in writing by the developer at the time the notice of
13intent is given whether the lessee's his tenancy will be
14renewed or terminated upon its expiration. If the tenancy is
15to be renewed, the tenant shall be informed of all charges,
16rental or otherwise, in connection with the new tenancy and
17the length of the term of occupancy proposed in conjunction
18therewith. If the tenancy is to be terminated upon expiration
19of the notice period, the tenant shall be entitled to
20relocation assistance in the amount of 3 times the rent
21charged for the unit or $3,000, whichever is greater, payable
22to the tenant within 14 days prior to the expiration of the
23notice period. If the tenancy is to be terminated, the notice
24of intent shall inform the tenant that relocation assistance
25shall be paid within 14 days prior to the expiration of the
26notice period. If the relocation assistance is not paid within

 

 

HB5390- 59 -LRB102 25999 LNS 35406 b

114 days prior to the expiration of the notice period, then the
2lessor shall pay to the lessee twice the relocation assistance
3due to the lessee. If the lessee prevails on a claim that the
4lessor failed to pay relocation assistance required by this
5Section, the lessee shall be entitled to recover the lessee's
6reasonable attorney's fees and costs. Failure to pay the
7relocation assistance is an affirmative defense and
8counterclaim to any action brought under Article IX of the
9Code of Civil Procedure.
10    (e) For a period of 120 days following his receipt of the
11notice of intent, any tenant who was a tenant on the date the
12notice of intent was given shall be given the right to purchase
13his unit on substantially the same terms and conditions as set
14forth in a duly executed contract to purchase the unit, which
15contract shall conspicuously disclose the existence of, and
16shall be subject to, the right of first refusal. The tenant may
17exercise the right of first refusal by giving notice thereof
18to the developer prior to the expiration of 30 days from the
19giving of notice by the developer to the tenant of the
20execution of the contract to purchase the unit. The tenant may
21exercise such right of first refusal within 30 days from the
22giving of notice by the developer of the execution of a
23contract to purchase the unit, notwithstanding the expiration
24of the 120-day period following the tenant's receipt of the
25notice of intent, if such contract was executed prior to the
26expiration of the 120-day period. The recording of the deed

 

 

HB5390- 60 -LRB102 25999 LNS 35406 b

1conveying the unit to the purchaser which contains a statement
2to the effect that the tenant of the unit either waived or
3failed to exercise the right of first refusal or option or had
4no right of first refusal or option with respect to the unit
5shall extinguish any legal or equitable right or interest to
6the possession or acquisition of the unit which the tenant may
7have or claim with respect to the unit arising out of the right
8of first refusal or option provided for in this Section. The
9foregoing provision shall not affect any claim which the
10tenant may have against the landlord for damages arising out
11of the right of first refusal provided for in this Section.
12    (f) During the 30-day period after the giving of notice of
13an executed contract in which the tenant may exercise the
14right of first refusal, the developer shall grant to such
15tenant access to any portion of the building to inspect any of
16its features or systems and access to any reports, warranties,
17or other documents in the possession of the developer which
18reasonably pertain to the condition of the building. Such
19access shall be subject to reasonable limitations, including
20as to hours. The refusal of the developer to grant such access
21is a business offense punishable by a fine of $500. Each
22refusal to an individual lessee who is a potential purchaser
23is a separate violation.
24    (g) Any notice provided for in this Section shall be
25deemed given when a written notice is delivered in person or
26mailed, certified or registered mail, return receipt requested

 

 

HB5390- 61 -LRB102 25999 LNS 35406 b

1to the party who is being given the notice.
2    (h) Prior to their initial sale, units offered for sale in
3a conversion condominium and occupied by a tenant at the time
4of the offer shall be shown to prospective purchasers only a
5reasonable number of times and at appropriate hours. Units may
6only be shown to prospective purchasers during the last 90
7days of any expiring tenancy.
8    (i) Any provision in any lease or other rental agreement,
9or any termination of occupancy on account of condominium
10conversion, not authorized herein, or contrary to or waiving
11the foregoing provisions, shall be deemed to be void as
12against public policy.
13    (j) A tenant is entitled to injunctive relief to enforce
14the provisions of subsections (a) and (c) of this Section.
15    (k) A non-profit housing organization, suing on behalf of
16an aggrieved tenant under this Section, may also recover
17compensation for reasonable attorney's fees and court costs
18necessary for filing such action.
19    (l) Nothing in this Section shall affect any provision in
20any lease or rental agreement in effect before this Act
21becomes law.
22    (m) Nothing in this amendatory Act of 1978 shall be
23construed to imply that there was previously a requirement to
24record the notice provided for in this Section.
25(Source: P.A. 101-81, eff. 7-12-19.)
 

 

 

HB5390- 62 -LRB102 25999 LNS 35406 b

1    (50 ILCS 825/Act rep.)
2    Section 80. The Rent Control Preemption Act is repealed.
 
3    Section 97. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.

 

 

HB5390- 63 -LRB102 25999 LNS 35406 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.970 new
5    35 ILCS 5/232 new
6    735 ILCS 5/9-205.5 new
7    735 ILCS 5/9-207from Ch. 110, par. 9-207
8    735 ILCS 5/9-209from Ch. 110, par. 9-209
9    735 ILCS 5/9-210from Ch. 110, par. 9-210
10    735 ILCS 5/9-211from Ch. 110, par. 9-211
11    765 ILCS 605/30from Ch. 30, par. 330
12    50 ILCS 825/Act rep.