HB4352ham001 95TH GENERAL ASSEMBLY

Housing and Urban Development

Filed: 2/27/2008

09500HB4352ham001 LRB095 14985 WGH 46733 a

AMENDMENT TO HOUSE BILL 4352

AMENDMENT NO. ______. Amend House Bill 4352 by replacing everything after the enacting clause with the following:

"Section 5. The Landlord and Tenant Act is amended by adding Section 7 as follows:

(765 ILCS 705/7 new)

Sec. 7. Landlord access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:

(1) to make necessary or agreed repairs, decorations, alterations, or improvements;

(2) to supply necessary or agreed services;

(3) to conduct inspections authorized or required by any government agency;

(4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen, or contractors;

(5) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(6) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require the access;

(7) to determine a tenant's compliance with provisions in the rental agreement; or

(8) in case of an emergency.

(b) The landlord shall not abuse the right of access or use it to harass the tenant.

(c) Except in cases where access is authorized by item (6) or (8) of subsection (a), the landlord shall give the tenant notice of the landlord's intent to enter of no less than 2 days. The notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the tenant. If access is required because of repair work in common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required.

(d) In cases where access is authorized by item (6) or (8) of subsection (a), the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of the entry within 2 days after the entry.

(e) The landlord may enter only at reasonable times except in case of an emergency. An entry between 9:00 A.M. and 8:00 P.M. or at any other time expressly requested by the tenant shall be presumed reasonable.

(f) Nothing in this Section shall be construed to supersede any provision of any federal or State law or any local ordinance that provides greater protections than the rights established under this Section. The rights established under this Section shall not be diminished by any State law or local ordinance.".