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.
|
| |
| | A BILL FOR |
|
| | | HB4059 | | LRB102 11971 LNS 17307 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rental Property Utility Service Act is | 5 | | amended 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
| 8 | | prohibited; Notice of change in payment arrangement.
| 9 | | (a) No landlord shall rent or cause to be rented any unit | 10 | | in which the
tenant is responsible by agreement, implication, | 11 | | or otherwise for direct
payment for utility service to the | 12 | | utility company and in which the utility
company billing for | 13 | | that service includes any service to common areas of
the | 14 | | building or other units or areas used or occupied by persons | 15 | | other than
the individual tenant and those occupying the unit | 16 | | with the tenant on the
utility account, unless, before | 17 | | offering an initial lease or a renewal
lease, accepting a | 18 | | security deposit, or otherwise entering into an
agreement with | 19 | | the 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, | 19 | | the utility company shall make available to the landlord of | 20 | | the unit, prior to the offering of an initial lease or a | 21 | | renewal lease, accepting a security deposit, or otherwise | 22 | | entering into an agreement with the prospective tenant to let | 23 | | the unit, information consisting of the charges incurred at | 24 | | the unit for utility services for the preceding 2 years. The | 25 | | information shall be identified by the address of the unit, | 26 | | and no other information identifying the owner, tenant, or |
| | | HB4059 | - 3 - | LRB102 11971 LNS 17307 b |
|
| 1 | | other occupant of the unit shall be used for, or made available | 2 | | in connection with, the furnishing of billing information. The | 3 | | information shall be furnished to both the landlord and to the | 4 | | prospective tenant. | 5 | | (b) No landlord shall request or cause to be effected a | 6 | | change
(i) from landlord-paid master metered utilities to | 7 | | tenant-paid
individually metered utilities or (ii) from | 8 | | landlord-paid to tenant-paid
utilities, regardless of the | 9 | | metering arrangement, during the term
of a lease. The landlord | 10 | | shall provide a minimum of 30 days
notice to each affected | 11 | | tenant before effecting such a change in
service; for tenants | 12 | | under a lease, the notice shall be provided to the
tenants no | 13 | | less than 30 days before the expiration of the lease term.
This | 14 | | subsection does not prohibit the landlord and tenant from | 15 | | agreeing to
amend the lease to effect such a change; the | 16 | | amendment must be in writing
and subscribed by both parties.
| 17 | | (c) Any term or condition in a rental agreement between | 18 | | the landlord and
the tenant that is inconsistent with this | 19 | | Section is void and unenforceable.
| 20 | | (d) Nothing in this Section affects the relationship | 21 | | between a utility
company and its customers.
| 22 | | (Source: P.A. 87-178.)
|
|