97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3598

 

Introduced 2/24/2011, by Rep. Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 45/9.1  from Ch. 111 1/2, par. 1309.1

    Amends the Lead Poisoning Prevention Act in the provision concerning owner's obligation to give notice. Provides that before entering into an agreement for the sale of a residential building or dwelling unit built before 1978, all owners shall provide prospective purchasers with certain information concerning (i) potential health hazards posed by lead in residential dwellings and (ii) disclosure to the purchaser concerning the presence of any known lead-based paint or any known lead-based paint hazards. Makes other changes. Effective immediately.


LRB097 08063 RPM 48186 b

 

 

A BILL FOR

 

HB3598LRB097 08063 RPM 48186 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Section 9.1 as follows:
 
6    (410 ILCS 45/9.1)  (from Ch. 111 1/2, par. 1309.1)
7    Sec. 9.1. Owner's obligation to give notice. An owner of a
8dwelling unit or residential building who has received a
9mitigation notice under Section 9 of this Act shall, before
10entering into a lease agreement for the dwelling unit for which
11the mitigation notice was issued, provide prospective lessees
12of that unit with written notice that a lead hazard has
13previously been identified in the dwelling unit, unless the
14owner has obtained a certificate of compliance for the unit
15under Section 9. An owner may satisfy this notice requirement
16by providing the prospective lessee with a copy of the
17inspection report prepared pursuant to Section 9.
18    Before entering into a residential lease agreement, all
19owners of residential buildings or dwelling units built before
201978 shall give prospective lessees information on the
21potential health hazards posed by lead in residential dwellings
22by providing the prospective lessee with a copy of an
23informational brochure prepared by the Department. Within one

 

 

HB3598- 2 -LRB097 08063 RPM 48186 b

1year of the effective date of this amendatory Act of 1992,
2owners of residential buildings or dwelling units built before
31978 shall provide current lessees with such brochure.
4    Before entering into an agreement for the sale of a
5residential building or dwelling unit built before 1978, all
6owners shall provide prospective purchasers with the following
7information:
8        (i) information on the potential health hazards posed
9    by lead in residential dwellings by providing the potential
10    purchaser with a copy of an informational brochure prepared
11    by the Department; and
12        (ii) disclosure to the purchaser concerning the
13    presence of any known lead-based paint or any known
14    lead-based paint hazards in the residential building or
15    dwelling unit and provide to the purchaser any lead hazard
16    evaluation reports or records available to the seller.
17    Every contract for the purchase of any residential building
18or dwelling unit built before 1978 shall include a statement
19signed by the purchaser that the purchaser has (1) received the
20lead hazard information brochure and (2) received either
21information on known lead-based paint or lead hazards or a
22written statement from the seller that the seller is not aware
23of the presence of any known lead-based paint or any known
24lead-based paint hazards in the housing.
25(Source: P.A. 87-1144.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

HB3598- 3 -LRB097 08063 RPM 48186 b

1becoming law.