Sen. Jacqueline Y. Collins
Filed: 5/11/2004
 
 

 




 

 		












09300HB4856sam001

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AMENDMENT TO HOUSE BILL 4856 




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    AMENDMENT NO. ______. Amend House Bill 4856  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Rental Property Utility Service Act is 
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amended by changing Section 1 as follows:
 



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    (765 ILCS 735/1)  (from Ch. 80, par. 62)


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    Sec. 1. Utility payments; termination and restoration of 
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service. Whenever, pursuant to any agreement, either written or 
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verbal, a landlord
or his or her agent is required to pay for 
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any water, gas or electrical
service, the landlord shall pay 
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for the services  to ensure that the services are available to 
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the tenant throughout the term of the lease and shall pay for 
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the services in a timely manner so as not to cause an 
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interruption of the services. If
and the landlord or his or her 
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agent does not pay for such
service, the tenant, or tenants in 
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the event more than one tenant is served
by a common system of 
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water, gas or electrical service, including
electrical service 
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to common areas, which goes through a common meter in a
single 
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building, may either (i) terminate the lease; however, the 
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termination of the lease under this Section does not absolve 
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the landlord or tenant from any obligations that have arisen 
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under the lease prior to its termination under this Section; or 
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(ii) pay for such service if the nonpayment jeopardizes the

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continuation of the service to the tenant or tenants, as the 
 


 






09300HB4856sam001
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case may be.
The utility company shall not terminate service 
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for such nonpayment until
the utility company mails, delivers 
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or posts a notice as specified in
Section 3 to all tenants of 
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buildings with 3 or more residential apartments.
 Upon receipt 
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of such payment of the past due cost of such water,
gas or 
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electrical service owed by the landlord, the provider of such

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service shall immediately restore service to such tenant or 
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tenants.
In the alternative, the provider of such service shall 
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immediately restore
and continue such service to any tenant who 
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(a) requests that the utility
put the bill in his or her name; 
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(b) establishes satisfactory credit
references or provides for 
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and pays a security deposit pursuant to the
rules and 
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regulations of the Illinois Commerce Commission applicable to

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applicants for new utility service; and (c) agrees to pay 
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future bills. Any
sums the tenant or tenants, as the case may 
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be, pay for water, gas or
electrical service that the landlord 
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or his or her agent was required to
pay may be deducted from 
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the rent due by the tenant or tenants, and the
total rent is 
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diminished by the amount the tenant or tenants, as the case
may 
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be, have paid for the continuation of the water, gas or 
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electrical service.

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(Source: P.A. 87-177.)".