HB4528 103RD GENERAL ASSEMBLY

LRB103 36177 LNS 66269 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4528

Introduced 1/31/2024, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

765 ILCS 735/1.5 new
765 ILCS 735/2.1	from Ch. 80, par. 63.1

Amends the Rental Property Utility Service Act. Provides that a landlord shall repair any leaking water pipe of a tenant within 30 days of the landlord being notified of a leak. Provides that this requirement applies if the leaking water pipe is under the landlord's control, but it does not apply if the leaking water pipe is owned by a municipality or water utility. Provides that, if a landlord violates this provision and the tenant pays the water bill, the landlord is liable for any additional costs incurred by the tenant as a result of the water leak.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Rental Property Utility Service Act is amended by adding Section 1.5 and changing Section 2.1 as follows:

(765 ILCS 735/1.5 new)

Sec. 1.5. Repair of leaking water pipes. A landlord shall repair any leaking water pipe of a tenant within 30 days of the landlord being notified of a leak. This requirement applies if the leaking water pipe is under the landlord's control. This requirement does not apply if the leaking water pipe is owned by a municipality or water utility.

(765 ILCS 735/2.1) (from Ch. 80, par. 63.1)

Sec. 2.1. Tenant damages.

(a) A landlord's violation of Section 1.4 entitles the residential tenant to damages from the landlord in the amount of a 100% abatement of the rental obligation for each month, and prorated for each part of a month, that the utility service was terminated and to consequential damages. The tenant has a duty to mitigate damages.

(b) When utility service is terminated as a result of the landlord's violation of Section 1.4 under circumstances demonstrating the landlord's deliberate or reckless indifference or wilful disregard for the rights of the tenants, or bad faith, the court may additionally award each affected residential tenant in the building statutory damages up to $300 each or the sum of $5,000 divided by the number of affected tenants, whichever is less.

(c) If a landlord violates Section 1.5 and the tenant pays the water bill, the landlord is liable for any additional costs incurred by the tenant as a result of the water leak.

(Source: P.A. 87-177; 87-895.)