103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2602
 
Introduced 10/18/2023, by Sen. Mike Porfirio
 
SYNOPSIS AS INTRODUCED:
 
765 ILCS 705/25 new
    Amends the Landlord and Tenant Act. Requires every landlord who leases a lower-level unit that has flooded at least once in the last 10 years to maintain flood insurance on the rental property that covers both the building and the contents of the building, including the personal property of tenants. Provides that if a landlord fails to maintain flood insurance, and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding.


LRB103 34559 LNS 64394 b

 
 
A BILL FOR
 
SB2602LRB103 34559 LNS 64394 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 Landlord and Tenant Act is amended by 
5adding Section 25 as follows:
 
6    (765 ILCS 705/25 new)
7    Sec. 25. Flood insurance required. 
8    (a) As used in this Section:
9    "Flood" and "Flooding" mean a general or temporary 
10condition of partial or complete inundation of a dwelling or 
11property caused by: 
12        (1) the overflow of inland or tidal waves; 
13        (2) the unusual and rapid accumulation of runoff or 
14    surface waters from any established water source such as a 
15    river, stream, or drainage ditch; or 
16        (3) rainfall. 
17    "Lower-level unit" means any garden level unit, basement 
18level unit, or first floor level unit. 
19    (b) Every landlord who leases a lower-level unit that has 
20flooded at least once in the last 10 years shall maintain flood 
21insurance on the rental property that covers both the building 
22and the contents of the building, including the personal 
23property of tenants. 
 
 
SB2602- 2 -LRB103 34559 LNS 64394 b

1    (c) If a landlord fails to maintain flood insurance as 
2required under this Section, and flooding occurs that results 
3in damage to the tenant's personal property, affects the 
4habitability of the leased property, or affects the tenant's 
5access to the leased property, the tenant may: 
6        (1) terminate the lease by giving written notice to 
7    the landlord no later than the 30th day after the flood 
8    occurred and the landlord shall return all rent and fees 
9    paid in advance no later than the 15th day after the tenant 
10    gave notice; and
11        (2) bring an action against the landlord of the 
12    property to recover damages for personal property lost or 
13    damaged as a result of flooding.