SB2745sam001 95TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 4/9/2008

09500SB2745sam001 LRB095 16664 LCT 49061 a

AMENDMENT TO SENATE BILL 2745

AMENDMENT NO. ______. Amend Senate Bill 2745 on page 3, by replacing lines 1 through 15 with the following:

"The amendatory Act of 1975 is not a limit on any home rule unit.

For the purposes of this Act, "student rental dwellings" shall refer to any property leased, let, or allowed in exchange of some form of consideration to a full-time or part-time student at a university, college, or community college for residential purposes. No person shall lease, let, or otherwise allow in exchange for any consideration a student rental dwelling, unless that property has been inspected by the fire chief, or a subordinate delegated by the fire chief, of the municipality or fire protection district.

Any person who leases to another any rental dwelling on or before the effective date this amendatory Act of the 95th General Assembly may continue leasing said rental dwelling until the fire chief, or a subordinate delegated by the fire chief, of the municipality or fire protection district has had the opportunity to inspect such rental dwelling. After the initial inspection, which must not reveal any violations presenting an imminent threat to the life, health, or safety of the residents of the rental dwelling, a rental dwelling may continue to be leased until the next mandatory inspection, which shall occur not more than 3 years subsequent to the previous inspection.

Should the student rental dwelling cease to be lease, let, or otherwise allowed in exchange for any consideration to a full-time or part-time student at a university, college, or community college, the provisions of this Act pertaining to the inspection of student rental dwellings shall not apply.

The fire chief, or a subordinate delegated by the fire chief, of the municipality or fire protection district is hereby authorized (i) to conduct inspections of, and (ii) to enter, examine and survey, any student rental dwelling, or unit thereof, within any municipality or fire protection district that contains, in whole or in part, a university, college, or community college, or that has a university, college, or community college within one mile of the boundaries of the municipality or fire protection district for purposes of determining and ensuring compliance with the fire and life safety codes in force in the municipality or fire protection district. All inspections shall occur at reasonable hours except in emergency situations where the life, health, or safety of any individual is threatened.

All student rental dwellings shall be inspected by the fire chief, or a subordinate delegated by the fire chief, of the municipality or fire protection district at least once every 3 years.

Inspections may occur more frequently provided there is: (1) reasonable suspicion to believe that there exists within such rental dwelling conditions that present a threat to the health, safety, welfare, or general comfort of the resident or residents of such rental dwelling; (2) a complaint lodged by the resident or residents of the rental dwelling to be inspected; (3) a request made by a prospective resident accompanied by the consent of the owner (or owner's agent) of the rental dwelling to be inspected; or (4) a request made by the owner or owner's agent.

Every owner or owner's agent of any rental dwelling shall provide access to such student rental dwelling, or any unit thereof, to the fire chief, or a subordinate delegated by the fire chief, for purposes of inspecting the rental dwelling or unit thereof for compliance with the fire and life safety codes in force in the municipality or fire protection district. Either the owner, the owner's agent, or the occupant shall accompany the inspector during the inspection.

Notice shall be given to the owner or the owner's agent and the occupant of the rental dwelling or unit thereof at least 120 hours in advance of such inspection, except in for inspections based upon: (1) reasonable suspicion to believe that there exists within such rental dwelling conditions that present a threat to the health, safety, welfare, or general comfort of the resident or residents of such rental dwelling; (2) a complaint lodged by the resident or residents of the rental dwelling to be inspected; or (3) a request made by the owner or owner's agent.

Notice of inspection shall be provided to both the owner or owner's agent and occupant and may consist of a letter sent by first class mail, personal service, telephone call or, for occupants only, the posting of a door hanger upon the door knob of the rental dwelling. The form of notice shall be the municipality's or fire protection district's discretion provided, however, the form used substantially achieves the purpose of this notice requirement. Where a rental dwelling is occupied by more than one person, notice to one occupant shall be deemed notice to all occupants of the rental dwelling.

Any person owning, managing, or supervising any student rental dwelling shall within 90 days of the effective date of this amendatory Act of the 95th General Assembly or within 30 days of assuming ownership, management, or supervision of any rental dwelling, whichever date is later, inform the municipality on a form approved by the municipality of such residential dwelling.

Every owner of any student rental dwelling, or unit thereof, who does not reside on the premises of such rental dwelling shall appoint and designate an individual to act as an agent in his or her behalf. Every owner shall notify, in writing, the municipality and each occupant of the rental dwelling, of the name, address, and telephone number of the agent. Such written notice shall contain the signature of the agent accepting appointment and designation as agent of the owner.

Any individual, who is appointed and designated as agent of the owner, shall reside within the county containing, in whole or in part, the university, college, or community college, or any other county that adjoins it. An owner of a rental dwelling may act as his or her own agent provided he or she meets the residency requirements set forth in this Section.

Each occupant of a rental dwelling shall give the owner thereof, his or her agent, or the fire chief, or a subordinate delegated by the fire chief access to the rental dwelling, or unit thereof under their control, to conduct inspections authorized by this Act.

Each occupant of a rental dwelling shall give the owner thereof, or his or her agent or employees, access to any part of such rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Act.

There shall be no cost, fee, or charge assessed by the municipality, fire protection district, university, college, or community college for the initial inspection of any student rental dwelling pursuant to this Act. Should violations of the fire and life safety codes in force in the municipality or fire protection district be found, and should such violations not be corrected by the time of the second inspection, the owner shall be subject to a fee of $50 for the inspection and each subsequent inspection until such violation is corrected. This fee is payable to the applicable municipality or fire protection district.

Any inspection fees remaining unpaid after 2 weeks shall be a debt due and owing the applicable municipality or fire protection district and, as such, may be collected in accordance with applicable law.".