103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4528
 
Introduced 1/31/2024, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 
765 ILCS 735/1.5 new
765 ILCS 735/2.1  from Ch. 80, par. 63.1
    Amends the Rental Property Utility Service Act. Provides that a landlord shall repair any leaking water pipe of a tenant within 30 days of the landlord being notified of a leak. Provides that this requirement applies if the leaking water pipe is under the landlord's control, but it does not apply if the leaking water pipe is owned by a municipality or water utility. Provides that, if a landlord violates this provision and the tenant pays the water bill, the landlord is liable for any additional costs incurred by the tenant as a result of the water leak.


LRB103 36177 LNS 66269 b

 
 
A BILL FOR
 
HB4528LRB103 36177 LNS 66269 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Rental Property Utility Service Act is 
5amended by adding Section 1.5 and changing Section 2.1 as 
6follows:
 
7    (765 ILCS 735/1.5 new)
8    Sec. 1.5. Repair of leaking water pipes. A landlord shall 
9repair any leaking water pipe of a tenant within 30 days of the 
10landlord being notified of a leak. This requirement applies if 
11the leaking water pipe is under the landlord's control. This 
12requirement does not apply if the leaking water pipe is owned 
13by a municipality or water utility.
 
14    (765 ILCS 735/2.1)  (from Ch. 80, par. 63.1)
15    Sec. 2.1. Tenant damages. 
16    (a) A landlord's violation of Section 1.4 entitles the 
17residential tenant to damages from the landlord in the amount 
18of a 100% abatement of the rental obligation for each month, 
19and prorated for each part of a month, that the utility service 
20was terminated and to consequential damages. The tenant has a 
21duty to mitigate damages.
22    (b) When utility service is terminated as a result of the 
 
 
HB4528- 2 -LRB103 36177 LNS 66269 b

1landlord's violation of Section 1.4 under circumstances 
2demonstrating the landlord's deliberate or reckless 
3indifference or wilful disregard for the rights of the 
4tenants, or bad faith, the court may additionally award each 
5affected residential tenant in the building statutory damages 
6up to $300 each or the sum of $5,000 divided by the number of 
7affected tenants, whichever is less.
8    (c) If a landlord violates Section 1.5 and the tenant pays 
9the water bill, the landlord is liable for any additional 
10costs incurred by the tenant as a result of the water leak. 
11(Source: P.A. 87-177; 87-895.)