Illinois General Assembly - Full Text of SB2601
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Full Text of SB2601  103rd General Assembly



SB2601 EngrossedLRB103 34558 LNS 64393 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 Landlord and Tenant Act is amended by
5adding Section 25 as follows:
6    (765 ILCS 705/25 new)
7    Sec. 25. Disclosure of potential flooding in rental and
8lease agreements.
9    (a) As used in this Section:
10    "Flood" and "flooding" mean a general or temporary
11condition of partial or complete inundation of a dwelling or
12property caused by:
13        (1) the overflow of inland or tidal waves;
14        (2) the unusual and rapid accumulation of runoff or
15    surface waters from any established water source such as a
16    river, stream, or drainage ditch; or
17        (3) rainfall.
18    "Lower-level unit" means any garden level unit, basement
19level unit, or first floor level unit.
20    (b) Every landlord shall clearly disclose to each of the
21landlord's tenants in writing prior to signing the lease for
22the rental property that a rental property is located in the
23Federal Emergency Management Agency (FEMA) Special Flood



SB2601 Engrossed- 2 -LRB103 34558 LNS 64393 b

1Hazard Area ("100-year floodplain") and if the landlord has
2actual knowledge that the rental property or any portion of
3the parking areas of the real property containing the rental
4property has been subjected to flooding and the frequency of
5such flooding. Such disclosure shall also be included in the
6written lease or the written renewal lease and shall be signed
7by both parties.
8    (c) Every landlord who leases a lower-level unit shall
9clearly disclose to each of the landlord's lower-level unit
10tenants in writing prior to the signing of the lease for the
11lower-level unit if the lower-level unit or any portion of the
12real property containing the lower-level unit has experienced
13flooding in the last 10 years and shall disclose the frequency
14of such flooding. Such disclosure shall also be included in
15the written lease or the written renewal lease and shall be
16signed by both parties.
17    (d) The written disclosure shall look substantially
18similar to the following:
19    "(Landlord) [ ] is or [ ] is not aware that the rental
20property is located in a FEMA Special Flood Hazard Area
21("100-year floodplain"). The property has experienced flooding
22[ ] times in the last 10 years. Even if the rental property is
23not in a Special Flood Hazard Area ("100-year floodplain"),
24the dwelling may still be susceptible to flooding. The Federal
25Emergency Management Agency (FEMA) maintains a flood map on
26its Internet website that is searchable by address, at no



SB2601 Engrossed- 3 -LRB103 34558 LNS 64393 b

1cost, to determine if a dwelling is located in a flood hazard
3    (Landlord) [ ] is or [ ] is not aware that the rental
4property you are renting has flooded at least once in the last
510 years. The rental property has flooded [ ] times in the last
610 years. Even if the dwelling has not flooded in the last 10
7years, the dwelling may still be susceptible to flooding.
8    Most tenant insurance policies do not cover damage or loss
9incurred in a flood. You are encouraged to examine your policy
10to determine whether you are covered. If you are not, flood
11insurance may be available through FEMA's National Flood
12Insurance Program to cover your personal property in the event
13of a flood. Information regarding flood risks can be found at
14the (Illinois Department of Natural
15Resources), (FEMA), and (U.S.
16National public service).
17    Landlords are required to disclose the above information
18pursuant to Section 25 of the Landlord and Tenant Act. A
19landlord's failure to comply with Section 25 of the Landlord
20and Tenant Act shall entitle the tenant to remedies as defined
21in that Section.
22    ..........................
23    (Tenant Signature) (Date)
24    ..........................
25    (Landlord Signature) (Date)"
26    (e) If a landlord fails to comply with subsection (b), and



SB2601 Engrossed- 4 -LRB103 34558 LNS 64393 b

1the tenant subsequently becomes aware that the property is
2located in the FEMA Special Flood Hazard Area ("100-year
3floodplain") the tenant may terminate the lease by giving
4written notice of termination to the landlord no later than
5the 30th day after a tenant becomes aware of the landlord's
6failure to comply with subsection (b), and the landlord shall
7return all rent and fees paid in advance no later than the 15th
8day after the tenant gave notice.
9    If a landlord fails to comply with subsection (b) or
10subsection (c) and flooding occurs that results in damage to
11the tenant's personal property, affects the habitability of
12the leased property, or affects the tenant's access to the
13leased property, the tenant may:
14        (1) terminate the lease by giving written notice to
15    the landlord no later than the 30th day after the flood
16    occurred and the landlord shall return all rent and fees
17    paid in advance no later than the 15th day after the tenant
18    gave notice; and
19        (2) bring an action against the landlord of the
20    property to recover damages for personal property lost or
21    damaged as a result of flooding.
22    (e) Exemptions. This Section does not apply to farm
23leases, concession leases, and rental properties owned or
24managed by the Department of Natural Resources.
25    (f) This Section may not be interpreted to permit the
26renting, leasing, or subleasing of lower-level units in a



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1municipality if the municipality does not permit the renting,
2leasing, or subleasing of such units.