HB4650 Engrossed

LRB093 18964 DRJ 44699 b






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    AN ACT concerning housing.

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


 
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    Section 5.  The Criminal Code of 1961 is amended by 
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changing Section 12-5.1
as follows:


 



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    (720 ILCS 5/12-5.1)
  (from Ch. 38, par. 12-5.1)



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    Sec. 12-5.1. Criminal housing management. 

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    (a) A person commits the offense of criminal housing 
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management when,
having personal management or control of 
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residential real estate, whether
as a legal or equitable owner 
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or as a managing
agent or otherwise, he recklessly permits the 
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physical condition or
facilities of the residential real estate

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to become or remain in any condition which endangers the health 
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or safety
of any person.

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    (a-5) A landlord, or his or her agent, commits the offense 
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of criminal housing management when, under any agreement, 
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whether written or verbal, the landlord or agent charges a 
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tenant for gas, water, or electrical utility service and:
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        (1) the landlord or agent fails to pay the utility 
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company for the service, resulting in termination of that 
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utility service to the tenant's residence; and
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        (2) the termination of utility service is not corrected 
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within 24 hours after it was terminated, unless the delay 
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is caused by an act of God or other occurrence through no 
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fault of the landlord or agent; and
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        (3) the termination of utility service endangers the 
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health or safety of the tenant or a member of the tenant's 
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household.
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    Nothing in this subsection (a-5) is intended to authorize 
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the resale of water, gas, or electrical service if that resale 
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is otherwise prohibited.

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    (a-6) In this Section:

 


 






HB4650 Engrossed
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LRB093 18964 DRJ 44699 b




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    "Agreement" includes leases, oral agreements, and any 
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other understandings or
contracts reached between a landlord 
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and a tenant.

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    "Landlord" includes the owner of a building containing 3 or 
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more residential units, the owner's agent, and the
lessor
of a 
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building containing 3 or more residential units.

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    "Tenant" includes occupants of a building or mobile home, 
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whether under a
lease or periodic tenancy.

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    "Utility company" includes all suppliers of utility 
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service, including
municipalities.

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    "Utility service" includes electric, gas, water, or 
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sanitary utility service
rendered by a utility company to a 
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tenant at a specific location.

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    (b) Sentence.

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    A first conviction for a violation of subsection (a)

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Criminal housing management is a Class A misdemeanor.  A 
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subsequent
conviction for a violation of subsection (a) is a 
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Class 4 felony.
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    A first conviction for a violation of subsection (a-5) is a 
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petty offense.  A second conviction for a violation of 
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subsection (a-5) is a business offense subject to a fine not to 
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exceed $1,500.  A third or subsequent conviction for a violation 
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of subsection (a-5) is a Class A misdemeanor.


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(Source: P.A. 85-341.)