Illinois General Assembly - Full Text of HB4059
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Full Text of HB4059  102nd General Assembly

HB4059 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4059

 

Introduced 4/6/2021, by Rep. Angelica Guerrero-Cuellar

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 735/1.2  from Ch. 80, par. 62.2

    Amends the Rental Property Utility Service Act. Provides that upon the written request of a prospective tenant, the utility company shall make available to the landlord of the unit information consisting of the charges incurred at the unit for utility services for the preceding 2 years. Provides that the information shall be identified by the address of the unit, and no other information identifying the owner, tenant, or other occupant of the unit shall be used for, or made available in connection with, the furnishing of billing information. Provides that the information shall be furnished to both the landlord and to the prospective tenant.


LRB102 11971 LNS 17307 b

 

 

A BILL FOR

 

HB4059LRB102 11971 LNS 17307 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 5. The Rental Property Utility Service Act is
5amended by changing Section 1.2 as follows:
 
6    (765 ILCS 735/1.2)  (from Ch. 80, par. 62.2)
7    Sec. 1.2. Certain tenant-paid utility payment arrangements
8prohibited; Notice of change in payment arrangement.
9    (a) No landlord shall rent or cause to be rented any unit
10in which the tenant is responsible by agreement, implication,
11or otherwise for direct payment for utility service to the
12utility company and in which the utility company billing for
13that service includes any service to common areas of the
14building or other units or areas used or occupied by persons
15other than the individual tenant and those occupying the unit
16with the tenant on the utility account, unless, before
17offering an initial lease or a renewal lease, accepting a
18security deposit, or otherwise entering into an agreement with
19the prospective tenant to let the premises:
20        (1) The landlord provides the prospective tenant with
21    a written statement setting forth the specific areas of
22    the building and any appurtenances that are served by the
23    meter that will be in the tenant's name and the nature of

 

 

HB4059- 2 -LRB102 11971 LNS 17307 b

1    the utility uses of those areas, including any that have
2    not been reflected in past utility company billings but
3    that may arise (such as the rental of a neighboring unit
4    that has been vacant, the installation of washers and
5    driers in the basement, or the use of the garage for
6    mechanics);
7        (2) The landlord provides the prospective tenant with
8    copies of the utility bills for the unit for the previous
9    12 months, unless waived by the tenant in writing;
10        (3) The landlord neither suggests nor requires the
11    tenant to collect any money for utility bills from
12    neighboring tenants whose utility usage will be reflected
13    in the prospective tenant's utility company billings; and
14        (4) The landlord sets forth in writing the amount of
15    the proposed rent reduction, if any, that is offered to
16    compensate for the tenant's payments for utility usage
17    outside of the tenant's unit.
18    (a-5) Upon the written request of a prospective tenant,
19the utility company shall make available to the landlord of
20the unit, prior to the offering of an initial lease or a
21renewal lease, accepting a security deposit, or otherwise
22entering into an agreement with the prospective tenant to let
23the unit, information consisting of the charges incurred at
24the unit for utility services for the preceding 2 years. The
25information shall be identified by the address of the unit,
26and no other information identifying the owner, tenant, or

 

 

HB4059- 3 -LRB102 11971 LNS 17307 b

1other occupant of the unit shall be used for, or made available
2in connection with, the furnishing of billing information. The
3information shall be furnished to both the landlord and to the
4prospective tenant.
5    (b) No landlord shall request or cause to be effected a
6change (i) from landlord-paid master metered utilities to
7tenant-paid individually metered utilities or (ii) from
8landlord-paid to tenant-paid utilities, regardless of the
9metering arrangement, during the term of a lease. The landlord
10shall provide a minimum of 30 days notice to each affected
11tenant before effecting such a change in service; for tenants
12under a lease, the notice shall be provided to the tenants no
13less than 30 days before the expiration of the lease term. This
14subsection does not prohibit the landlord and tenant from
15agreeing to amend the lease to effect such a change; the
16amendment must be in writing and subscribed by both parties.
17    (c) Any term or condition in a rental agreement between
18the landlord and the tenant that is inconsistent with this
19Section is void and unenforceable.
20    (d) Nothing in this Section affects the relationship
21between a utility company and its customers.
22(Source: P.A. 87-178.)